From Laura.Allran at ode.state.or.us  Mon Jun 15 09:23:51 2009
From: Laura.Allran at ode.state.or.us (ALLRAN Laura)
Date: Mon, 15 Jun 2009 09:23:51 -0700
Subject: [esd-dir] OSL&P: Interpreters in Meetings
Message-ID: <C6CB341AA8C9864D8EC69C75D20FD1CB018F90AFA7@ode-mail>

TO:       All District and ESD Special Education Directors

The message below is being forwarded to you on behalf of:

Nancy Latini, PhD
Assistant Superintendent
Student Learning & Partnerships
______________________________________________

June 15, 2009

RE:  Provision of Interpreters for Parents to Participate Fully in Educational Meetings


At a meeting of the State Advisory Council on Special Education (SACSE), and through other advocacy organizations, our office has been informed that some districts are engaging interpreters for IEP meetings who may not themselves completely understand the proceedings of the meeting for which they are interpreting. The concern primarily involves parents whose native language is other than English.  Specifically, if the interpreter cannot properly communicate the proceedings of the meeting to the parent, it is difficult for the parent to fully understand the proceedings of the IEP or related meeting.
While we currently have no direct evidence of this occurring through our dispute resolution system, I am writing to simply call attention to federal and state regulations pertaining to district responsibilities relative to interpreters and IEP meetings.  School districts must ensure that parents are actively and meaningfully involved in the IEP and educational processes of their children.  For parents who are deaf or whose native language may be other than English, the district provision of able interpreters is a critical component of that goal.
Thank you in advance for reviewing the federal and state requirements below and evaluating how your district is doing in complying with these requirements. If you have any questions, please feel free to contact Rae Ann Ray at (503)-947-5722.
IDEA 34 CFR Sec. 300.322(e)</explore/view/p/%2Croot%2Cregs%2C300%2CD%2C300%252E322%2Ce%2C>
Use of interpreters or other action, as appropriate: The public agency must take whatever action is necessary to ensure that the parent understands the proceedings of the IEP Team meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English.
Oregon Administrative Rules 581-015-2190 (3) and (4)
Parent Participation - General
(3) The school district must take whatever action is necessary to ensure that the parent understands the proceedings at a meeting, including arranging for an interpreter for parents who are deaf or whose native language is other than English.
(4) A meeting does not include informal or unscheduled conversations involving school district personnel and conversations on issues such as teaching methodology, lesson plans, or coordination of service provision if those issues are not addressed in the child's IEP. A meeting also does not include preparatory activities that public agency personnel engage in to develop a proposal or response to a parent proposal that will be discussed at a later meeting.

If you have any difficulty viewing this, please contact Laura Allran at laura.allran at state.or.us<mailto:heidi.schulze at state.or.us> or 503-947-5674.

Messages to and from this e-mail address may be made available to the public under Oregon law.
===========End of Message============


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From Heidi.Schulze at ode.state.or.us  Mon Jun 22 09:57:52 2009
From: Heidi.Schulze at ode.state.or.us (SCHULZE Heidi)
Date: Mon, 22 Jun 2009 09:57:52 -0700
Subject: [esd-dir] OSL&P: Update on Extended Assessment Trainings and
 Related Allocations
Message-ID: <C6CB341AA8C9864D8EC69C75D20FD1CB018FAB44C0@ode-mail>

 TO:       All District and ESD Special Education Directors

The message below is being sent to you on behalf of:

Nancy Latini, PhD
Assistant Superintendent
Student Learning & Partnerships
______________________________________________
June 22, 2009

RE:      Update on Extended Assessment Trainings and Related Allocations

District and ESD allocations for sub-grants related to Extended Assessment trainings and the assessment of students with disabilities will be disseminated in early fall. Districts and ESDs can expect allocation amounts as in previous years for use with training staff and for assessing students.

NOTE: Extended Assessment Training updated information is now posted. In addition, questions regarding training locations, times, dates, and who should attend are now answered and posted at http://www.ode.state.or.us/search/results/?id=178 .

The Department will also send a reminder email with this information in early fall so that district and ESD QAs, QTs and interested individuals can complete planning for building/maintaining Extended Assessment administration capacity in 09-10.  You should be aware that no training will be offered at the fall special education conference in Eugene in October.

Please direct your Extended Assessment training questions to Brad Lenhardt at Brad.Lenhardt at state.or.us<mailto:Brad.Lenhardt at state.or.us> (503)947-5755.

Thank you.

If you have any difficulty viewing this message, please contact Heidi Schulze at heidi.schulze at state.or.us<mailto:heidi.schulze at state.or.us> or 503-947-5661.

Messages to and from this e-mail address may be made available to the public under Oregon law.
===========End of Message============



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From Heidi.Schulze at ode.state.or.us  Mon Jun 22 10:11:08 2009
From: Heidi.Schulze at ode.state.or.us (SCHULZE Heidi)
Date: Mon, 22 Jun 2009 10:11:08 -0700
Subject: [esd-dir] OSL&P: Forest Grove Supreme Court Case
Message-ID: <C6CB341AA8C9864D8EC69C75D20FD1CB018FAB44C2@ode-mail>

TO:       All District and ESD Special Education Directors

The message below is being sent to you on behalf of:

Nancy Latini, PhD
Assistant Superintendent
Student Learning & Partnerships
______________________________________________
June 22, 2009

RE:      Forest Grove Supreme Court Case

I thought you would be interested in the opinion on the Forest Grove case which is attached.  We have all been waiting.  The vote was 6-3.

If you have any difficulty opening the attached document, please contact Heidi Schulze at heidi.schulze at state.or.us<mailto:heidi.schulze at state.or.us> or 503-947-5661.

Messages to and from this e-mail address may be made available to the public under Oregon law.
===========Attachment============
Forest Grove v. T.A..pdf
===========End of Message============


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From Laura.Allran at ode.state.or.us  Mon Jun 29 15:33:40 2009
From: Laura.Allran at ode.state.or.us (ALLRAN Laura)
Date: Mon, 29 Jun 2009 15:33:40 -0700
Subject: [esd-dir] OSL&P: Medicaid Changes
Message-ID: <C6CB341AA8C9864D8EC69C75D20FD1CB018F90AFFB@ode-mail>

TO:       All District and ESD Special Education Directors

The message below is being sent to you on behalf of:

Nancy Latini, PhD
Assistant Superintendent
Student Learning & Partnerships
______________________________________________
June 29, 2009

RE:  Medicaid Changes

I asked Linda Williams if I should immediately share with you the below news release and here is her response:

"Yes, this is great news in that it confirms our direction to move forward allowing ESDs to continue to bill Medicaid for Medicaid Administrative Claiming (MAC) activities, and allows schools to continue to bill for transportation services provided to Medicaid eligible children eligible under the IDEA to and from a Medicaid covered service even if the service is provided in an education setting as currently stipulated in the School-Based Health Services rules."  - Linda Williams

________________________________________________________________________________

Official CMS News Release
June 29, 2009

MEDICAID NEWS
FOR IMMEDIATE RELEASE
Contact CMS Media Affairs Office
Monday, June 29, 2009
                 (202) 690-6145

HHS RESCINDS MEDICAID REGULATIONS

Department of Health and Human Services (HHS) Secretary Kathleen
Sebelius today announced that the administration will rescind all or
part of three Medicaid regulations that were previously issued and delay
the enforcement of a fourth regulation.  Each of these rules, in whole
or in part, had been subject to Congressional moratoria set to expire on
July 1, 2009.

"These regulations, if left in place would have potentially adverse
consequences for Medicaid beneficiaries, some of our nation's most
vulnerable people," said Secretary Sebelius.  "By rescinding these
rules, we can expect that children will continue receiving services
through their schools, beneficiaries will be able to access all
available case management resources to help them better manage their
health care, and outpatient hospital and clinic services can continue to
be covered in the most efficient manner."

"The actions we are taking today are necessary to ensure that the states
have the flexibility they need to fully serve Medicaid-eligible
individuals," said Secretary Sebelius.

The Centers for Medicare & Medicaid Services (CMS) and HHS today are:

        Rescinding a final rule, published December 28, 2007, that
would have eliminated reimbursement for school-based administrative
costs and costs of transportation to and from schools.  The rescission
reflects concern that the rule could limit the Medicaid administrative
outreach activities of schools, and that the overall budgetary impact on
schools could potentially impact their ability to offer Medicaid
services to students.

        Rescinding a rule, published November 7, 2008, that would have
limited the outpatient hospital and clinic service benefit for Medicaid
beneficiaries to the scope of services recognized as an outpatient
hospital service under Medicare.  This rule was rescinded because CMS
became aware that coverage beyond that scope could not be easily moved
to other benefit categories, resulting in great impact than previously
anticipated.

       Rescinding provisions of an interim final rule published
December 4, 2007, which would have restricted beneficiary access to case
management services. These provisions appeared to, in practice, restrict
beneficiary access to needed covered case management services, and limit
state flexibility in determining efficient and effective delivery
systems for case management services.

       Delaying until June 30, 2010, the enforcement of portions of a
regulation that clarified limitations on health care related tax
programs so that CMS could determine whether states need additional
clarification or guidance.  CMS may also further review the potential
impact of the regulation, and give additional consideration to
alternative approaches.
  ____________________________________________________________________________
Link to Final Federal Register Posting<http://rs6.net/tn.jsp?et=1102622301358&s=2762&e=001sRPlNAt5AvC0Mgmabz0M7p7eepH576gFRoz3tNcrUR_VEU9vqil7YhkcKWdOkKUwVbHNvBW1U1mpiXumJczc2dvv7ahL0T0SUOQ2mXYTHiU7MXy6wN66LxY2jWjltEzNRRw00dwjyFcL98-a6Ph-rRKMdnD4XvBiMnrRw39LJ0nc1nh96ocCIs0YW3otiAGZNQC2ewQi7QcRYF8MKLiBNWbevCh1Cfvx61Av6PEuesYaYSKuLhbmFkTj32EtrjUVyvzaZhkhs9wEDOb2RsR_UWkHzZY_EZ7jQAr7VctferdiRGRcG72Ouw==>




If you have any difficulty opening the above link, please contact Laura Allran at laura.allran at state.or.us<mailto:laura.allran at state.or.us> or 503-947-5674.

Messages to and from this e-mail address may be made available to the public under Oregon law.
===========End of Message============



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