ADULT EDUCATION AND ITS ROLE IN MAINE’S UNIFIED SPECIAL EDUCATION REGULATIONS (CHAPTER 101)
SELECTED QUESTIONS AND ANSWERS
(207) 624-6600
FAX: (207) 624-6700
TTY: (800) 557-6690
February 2009
Office of Special Services
This document is intended to help clarify the relationship between Maine’s Unified Special Education Regulations (MUSER) and Adult Education as it relates to the education of enrolled students with disabilities and their special instructional needs in K-12 and Adult Education. It is important to reiterate that this document describes the relationship between special education and adult education as it pertains to MUSER. Adult education programs are also required to provide services to students with disabilities in accordance with both the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973 when MUSER does not apply.
The material presented in this question and answer document is the result of a set of questions developed by adult educators and answered by the Office of Special Services, Maine Department of Education (MDOE) and Adult Education.
The answers were prepared only for the questions asked and are not intended to be an exhaustive list of questions. As additional questions arise, we will update this document.
The responses to these questions come primarily from the Maine Unified Special Education Regulations (MUSER), Chapter 101, dated August 3, 2007. Contributors to this document include the following Department of Education staff: Ann Marie Barter, Marcia Cook, Jeff Fantine, Jaci Holmes, Andrew McMahan, and Susan Parks.
Copies of MUSER may be obtained at http://www.maine.gov/education/speced/contentrules.htm or from the MDOE at 624-6644.
Questions about this document may be directed to Jeff Fantine at 624-6752 or jeff.fantine@maine.gov or Susan Parks at 624-6644 or susan.parks@maine.gov.
#1 Question: What are the legal responsibilities of adult education to serve special education students? Is adult education responsible to serve the students, provide adaptations or provide one-on-one tutors?
Answer: If a student has not reached the age of 20 or has not received a regular education diploma (a Maine High School Equivalency Diploma is not considered a regular education diploma) then the adult education system is required to provide adult education services if the Individualized Education Program (IEP) Team determines that this is an appropriate placement and special education services are necessary to allow the student to benefit from adult education. The School Administrative Unit (SAU) of residence is responsible to provide the services included in the IEP, including one-on-one instruction if provided as a special education service and not as an adult education service.
Adult Education is considered a part of the School Administrative Unit, as is vocational education, and the SAU has to provide the necessary supports and services to a student with disabilities.
#2 Question: May adult educators be part of the IEP Team process?
Answer: Yes, adult educators should definitely be part of the IEP Team process when it involves any decisions relative to Adult Education services and access to the Adult Education system.
IEP Team membership (MUSER § VI.2.B.) calls for at least one regular education teacher if the student is participating or going to participate in the regular education environment. Adult educators may serve in this capacity.
It is important that an Adult Education representative be at the IEP Team meeting when transition services are being considered and it is likely that adult education services will be discussed. In fact, the SAU is required to invite representatives of agencies that may be responsible for providing or paying for transition services (MUSER § VI.2.C.(3)). The adult student or the adult student’s guardian is an IEP Team member and must give the SAU permission to invite the representatives. If a representative of adult education cannot attend the meeting then the SAU must find other means to obtain their input.
IEP Team decision-making requires a decision on the extent to which the student will be involved in the general curriculum and participate in the regular education environment and state and district-wide assessments, and the services needed to support that involvement to achieve agreed-upon goals.
Where Adult Education is concerned, the IEP Team must consider the information Adult Education provides in determining a student’s placement and services.
#3 Question: May a Director of Special Education or IEP Team recommend a placement or a service through Adult Education without Adult Education involvement?
Answer: No. Adult Education has to be a part of the IEP Team and IEP development process and be in agreement that it can assist in helping the student meet the IEP goals.
#4 Question: What is the role of the adult educator in the IEP process?
Answer:
Adult Education plays an important role in providing information about its program and the resources it has to develop a meaningful IEP. It also helps structure the IEP by clarifying what it can and cannot offer for services. Adult Education’s knowledge of the community and of other agencies and organizations within the community is another reason that it is a valuable member of the IEP Team.
The IEP process (MUSER § IX.3.) calls for statements on the IEP regarding the student’s present level of educational performance including how the student’s disability affects the student’s involvement and progress in the general education curriculum; a statement of measurable annual goals in meeting the student’s needs that result from the student’s disability to enable the student to be involved in and progress in the general education curriculum and meeting each of the student’s other educational needs that result from the student’s disability.
A description of special education and support services and supplemental aids and services needs to be provided to meet goals including amount of services, staff positions providing services and a statement of program accommodations and modifications. A statement of how goals will be measured and the extent to which progress is sufficient to enable the student to achieve the goals at the end of the year must also be included. Per MUSER §VI.2.J.(5), IEP’s must be reviewed at least annually by the Team.
For the IEP that addresses the student’s transition plan for post-secondary activities and goals, if Adult Education is to be considered as a source of the curriculum and course of study for those goals, Adult Education must be invited to the IEP Team meeting in which the transition plan will be discussed and developed. (MUSER § VI.2.C.(3)(b) – (f))
#5 Question: Does the Adult Education system have a role in Childfind under IDEA 2004 and Maine Unified Special Education Regulations (MUSER)?
Answer: Yes. Childfind is the SAU’s obligation to locate, evaluate, identify and serve students with disabilities. Adult Education has a responsibility to refer to the IEP Team for identification any student younger than 20 who has not received a regular high school diploma and who the Adult Education Program believes might be eligible for special education. The referral is to determine if the student is eligible for special education services. The referral would be made to the Director of Special Education in the SAU of the student’s residence. SAU’s have written policies on Childfind.
All referrals must be acted upon within fifteen school days from the SAU’s receipt of the referral for special education to review existing evaluation data and determine the need for additional evaluations (MUSER § IV.2.E.).
The adult student must receive Written Notice that a referral (MUSER Appendix 1, 34 CFR § 300.503) was made and provide informed written consent before any evaluations are conducted for the referral process (MUSER Appendix 1, 34 CFR § 300.300)
Written Notice to the adult student must be provided at least seven days before an action is taken by the SAU to initiate or change identification, evaluation or educational programming or placement or the provision of a Free Appropriate Public Education (FAPE).
If the student has not reached the age of majority (18 years of age) or is under the parent’s guardianship then the parent or guardian must receive the notices and give the written consent.
#6 Question: Who would pay for the special education evaluation? Adult Education or Special Education?
Answer: The SAU Special Education program.
#7 Question: Are diagnostic evaluations available through special education for students with learning disabilities?
Answer: A SAU working with the Adult Education system might offer the services of their staff, but are not able to claim subsidy for services provided to students beyond the age of twenty. If Adult Education were to purchase the services of the SAU’s staff then diagnostic services to adults could be provided.
IDEA 2004 is a statute covering ages 3-21 but gives discretion to the state’s age requirements for the purposes of implementation of special education and the use of special education funds. Maine’s age for public education, including special education and related services, is 3-20, as defined in 20-A MRSA § 5201.
#8 Question: Do adult educators have access to a special education student’s records?
Answer: Yes. Adult Educator’s access to a special education student’s records is governed by the Family Education Rights and Privacy Act (FERPA) and should be no different than access to any student’s records. Schools are required to keep an access list and adult educators should be on the list and have access when they need to have it (MUSER §XIV.4.).
#9 Question: Can adult education serve special education students who are younger than fourteen years of age?
Answer: Yes, if services to students of that age are allowed by an adult education system through local policy. The principles of Least Restrictive Environment (LRE)(MUSER § X.2.), that is the extent to which a student with a disability is educated with students without disabilities, would have to apply as they do for any special education student accepted into adult education. Students in public schools must be educated with their chronologically-age appropriate peers whenever possible. Should it be necessary, a waiver of this requirement may be requested from the Department of Education (MUSER § XIX.1.).
#10 Question: May a special education student take the Tests of General Educational Development and receive a Maine High School Equivalency Diploma (MHSED)?
Answer: Special Education students can ONLY TAKE the Tests of General Educational Development and receive a MHSED if they are no longer attending public school and have not received a regular high school diploma.
#11 Question: May a special education student receive an Adult High School Diploma (AHSD)?
Answer: Yes, however, the Adult High School Diploma is usually awarded to students who would not be attending public school.
Also, a student who has received a Maine High School Equivalency Diploma may receive an Adult High School Diploma provided they are enrolled in the Adult High School completion program and meet graduation requirements.
#12 Question: May adult education serve special education students who are enrolled in public school and may want to make up one or more credits through adult education?
Answer: Yes, a student may need this to graduate from the public high school and receive a regular education diploma. Credits earned will be transferred back to the student’s high school. While these students will be taking the same classes as the students actually enrolled in the Adult High School Diploma program, they are not considered part of that program since the diploma will be issued by the student’s high school and not by adult education.
#13 Question: What is the requirement under Chapter 127 for Extended Study?
Answer: Chapter 127 §7.01(b)4 states,
Extended Study
Secondary school students are eligible for extended years of study to complete the requirements of a diploma if they have not reached the age of 20 at the start of the school year. Students eligible for extended years of study may be referred to adult education or similar resources suitable to young adult learners. Extended study for students with disabilities shall be specified in the student’s I.E.P. The cost of extended study shall be part of the school unit’s secondary school budget.
