24Mar2009… 0213h

2009 SESSION

09-0222

04/01

HOUSE BILL 154

AN ACT relative to truancy.

SPONSORS: Rep. Stiles, Rock 15; Rep. L. Weber, Ches 2; Rep. B. Shaw, Hills 16; Rep. Moran, Hills 18; Rep. Welch, Rock 8

COMMITTEE: Education

ANALYSIS

This bill makes various changes to the laws on truancy.

This bill is a request of the committee to study the truancy laws established in 2008, 241 (HB 1161).

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24Mar2009… 0213h

09-0222

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to truancy.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 School Boards; Appointment of Truant Officers. Amend RSA 189:34 to read as follows:

189:34 Appointment.

I. School boards shall appoint truant officers for their districts.

II. School board policies on truancy shall include provisions which define administratively excused absences and identify a system of intervention steps designed to reduce the number of habitual truants in the school district. The policy shall also designate an employee in each school as the person responsible for truancy issues.

2 School Boards; Truancy Defined. Amend RSA 189:35-a to read as follows:

189:35-a Truancy Defined.

I. For the purposes of this subdivision, “truancy’‘ means an unexcused absence from school or class and “unexcused absence’‘ is an absence without [parental or] administrative permission.

II. [Twenty] Ten half days of unexcused absence during a school year shall constitute habitual truancy.

III. A school district shall define the term “half day of absence.’‘

IV. Nothing in this section shall affect or limit a school district’s power to adopt bylaws concerning truancy pursuant to RSA 193:16.

V. School district attendance records shall be presumed to be true and accurate unless evidence to the contrary is presented.

3 School Boards; Duties. Amend RSA 189:36 to read as follows:

189:36 Duties.

I. Truant officers shall, when directed by the school board, enforce the laws and regulations relating to truants and children between the ages of [8] 6 and 18 years not attending school or who are not participating in an alternative learning plan under RSA 193:1, I(h); and the laws relating to the attendance at school of children between the ages of [8] 6 and 18 years; and shall have authority without a warrant to take and place in school any children found employed contrary to the laws relating to the employment of children, or violating the laws relating to the compulsory attendance at school of children under the age of 18 years, and the laws relating to child labor. No home school pupil nor any person between the ages of 6 and 18 who meets any of the requirements of RSA 193:1, I(c)-(h) shall be deemed a truant.

II. A truant officer, upon finding that a child is a habitual truant, shall first comply with school district policy governing habitual truants. After complying with such policy, the truant officer may file a petition pursuant to RSA 169-D alleging that the child is in need of services.

4 Effective Date. This act shall take effect 60 days after its passage.

F A P E

Free Appropriate Public Education

I E P

Individualized Education Plan

E S Y

Extended School Year

ESY is:

Based on Individual needs

Decided on by the IEP TEAM

Part of the child’s IEP

At no cost to the parents

ESY is NOT:

An enrichment program

A summer school program

Compensatory services

Simply an extension of time

A childcare service

Not a mandate for all children with disabilities

Automatic

How ESY is determined

Factors to consider

Regression/Recoupment

Regression refers to a decline in knowledge and skills that can result from an interruption in education;   recoupment is the amount of time it takes to regain the prior level of functioning. The issue is whether the benefits derived by the kid during the regular school year will be significantly jeopardized if he is not provided an educational program during the summer months.

The KEY question before the IEP Team is whether the child needs services in the summer in order to secure the minimum benefits of a Free & Appropriate Public Education in the fall.

Emerging Skills/Break through Opportunities

Emerging skills and breakthrough opportunities (as when a child is on the brink of learning to read)- should be considered when determining ESY eligibility. The child is in a critical stage of developing a skill which has great potential for increasing his/her self-sufficiency. If such a skill is not completely acquired and   mastered, it is likely that the current level of acquisition will be lost due to interruption of summer vacation.

Nature & Severity of the child’s disability

This is a key factor to the EYS eligibility determination. Children with severe disabilities are more likely to be involved in ESY programs, since their regression may be more significant, and their recoupment abilities may extend over longer time.

Evidence of ESY Need:

Standardized tests

Sample of child’s work

Behavior logs

Home to school notebook

Expert opinions

Attendance information.

Meeting minutes

Having social connections is important to all people; we are, after all, social beings. Social connections are even more important and harder to accomplish for people with disabilities. D.U.F. (Differences Understanding Friendship) is working hand in hand with the Parent Information Center (PIC), to distribute the PIC Disability Awareness Kit to all 468 public schools in the state of New Hampshire. Our vision is that when children experience the activities included in the Disability Awareness Kit, they will have a better understanding of their peers with differences and thus breaking down barriers to friendship. We also feel that experiencing this Kit will help children with disabilities integrate into the world of those without.

DUF is a group of people who met through the Institute On Disability’s Leadership Series. We come from all over the state, from the north country to the sea coast. DUF is comprised of people who themselves have a disability and others who have a loved one with a disability. Even the disabilities represented in the D.U.F. team are of a broad range; down syndrome, autism, and brain injury to name only a few. 

The Parent Information Center’s Disability Awareness Kit includes a variety of simple, fun, and challenging activities designed to simulate some of the more common disabilities, including speech/oral, vision, dyslexia, and other learning disabilities.

D.U.F. believes that the Kit alone will not solve the all of the social problems of those with disabilities. Therefore, we also plan to have at least one staff member in each receiving school trained in the proper use of the Kit and the follow up questions that need to be asked of the students. Our goal is to have the trained school staff introduce this kit to the students to show how everyone can have differences, yet have things in common as well. With this attitude we hope children both with and without disabilities will find themselves making new friends.

We started working on our mission in November of 2008 and already we see what a difference it can make. Immediately we had people’s attention when they became aware that such a kit existed. Many began to ask how they could get one to use. Sen. Maggie Hassen, the Deputy Commissioner of Education Mary Heath, as well as Heather Thalheimer, the Executive Director if the Parent Information Center met with us in January and is fully behind us and are excited about this project. The UNH Institute on  

Disability is supporting DUF with conference space and training for the DUF members. The Parent Information Center is acting as the fiscal agent for DUF and providing trainings on the use of the Disability Awareness Kit.

Our Mission is to have a Disability Awareness Kit in every public school in New Hampshire within three years. The cost to put the Disability Awareness Kit into all the public schools in the State of New Hampshire will cost $107,640.00. Even though the cost looks high, this project has the ability to affect 200,000 plus children in the New Hampshire.

We are looking for partners; organizations or individuals to consider participating in our mission. Please see the enclosed donation sheet to see the different options.

We, as the members of DUF would like to thank you for your consideration. Through Understanding Differences we can break down the barriers to Friendship.

For more information on D.U.F. please contact Rebecca Ladd @ 728-8949 or  Rebeccaladd@hughes.net

Thank you,

Rebecca Ladd

Differences Understanding Friendship

The Parent Information Center

P.O. Box 2405

Concord, NH 03302-2405

                 Your donation is tax deductible

Name:______________________________________

Address:___________________________________________________________________

Phone:___________________________ Email:____________________________________

Cash donations, any amount __________________________

Donate the cost of one kit, $230.00 to place in the following school.

______________________________________

I want a “in the name of” tag on the kit    Yes  or No   if yes write info below.

________________________________________________________________________  

I volunteer to be trained in and deliver kits and training in schools.  YES    NO 

Geographic area I will volunteer in _______________________________________

I volunteer to donate supplies needed to put the kits together.

__ white paper                                                 __ 3 ring binders

__ pencils                                                        __ index cards

__ file folders                                                   __ sunglasses

__ pennies (we need 1404)                             __ legal pads of paper

__ plastic file crates                                         __ pill bottles, with push twist tops

Thank you,

We will be in touch!

Kudos to Law & Order SVU. 

As a side note I have recorded this episode for possible viewing at a support group session.

1)    It is hard to take notes and fully participate in the meeting.

2)    So that you have a clear record of everything that was said and decided at the meeting.

3)    In case it there is any question about what occurred.

4)    If you end up in the complaint process, mediation, or a law suit your tapes are very helpful.                                                                                                             

Remember, if its not in writing it doesn’t count! Transcribe your audio!

 *Knowing what the cards were by the way they held their eyes

When your sitting at your IEP meeting, take the time to notice who people look to after they have made a statement. The person they look to is most likely the decision maker in the room.  So focus your eye contact and your conversation on the decision maker in the room, by know means should you ignore the other attendees, but talk to the decision maker. 

*If you’re going to play the game boy, you need to know who to play it right

Have you ever been in an IEP meeting and asked for something and know one would answer? Chances are the real decision maker is not in the room. Educate your self on your SAU, who is the person that makes the big decisions? Who earns the most money? What jobs did they hold before? Educate your self on the special education laws, how to be an effective advocate, and have all your information ready to go in a neat and orderly way.

*You got to know when to hold them

There are positive things that come out of every IEP meeting. At the time they may not seem positive. Learn how to tell what is and isn’t. Take the positives that come from each meeting and use them to your child’s advantage.

*Know when to fold them

There is time when an IEP meeting is just not going any where and people can’t seem to stay on topic, you’re not able to get others to see things your way. Suggest that the meeting end, and that one be scheduled for another time.

*Know when to walk away know when to run

In a meeting where people become hostile and aggressive, emotions are too high. This would be the time to run. Trying to continue a meeting in this environment will erode the working relationship you need with the school.  

*You never count your money when your sitting at the table, there will time enough for countin when the dealings done

If you are happy with a decision made, maybe you worked long and hard for something to be added to your child’s IEP. Don’t look smug or overly happy. You want to members to feel good about going along with your request, you don’t want to them to have you rub it in.

*Now every gambler knows that the secret to surviving is knowing what to throw away and knowing what to keep. Cause every hands a winner and every hands a loser.

You may have a meeting where the school puts on the table a proposal, part of which you don’t like. Don’t throw away the whole thing! Work to keep the parts you agree with. Take the wording, that, say a teacher puts on the table and adjust the wording to something your more comfortable with.   

The Student Profile and Strengths, are the most important part of your child’s IEP.The IEP is built off of these descriptions. For example: Moe has a hard time with reading, he can read and is at grade level, but because of his disability reading has become a very tedious and torturous process. What Moe does like, is listening to audio books. Knowing this, I had it included in his IEP profile. Moe enjoys listening to audio books, he has a difficult time sitting still to read. Strengths: Moe fully absorbs the books he hears, he can given oral reports on them that are highly descriptive.

So how did this help the team? We were able to put in the IEP that Moe is allowed to listen to his book report books, instead of reading them. Directions for tests and test questions are to be read to Moe. Any lengthy text book reading assignments must be read to Moe.  

Make sure you include: Learning style (hands on, listening…), likes, dislikes, test scores, strengths, weaknesses, if they are routine oriented, do they like to be outside, do they like: puzzles, chess, cooking, wood work, fishing, hiking, animals, skiing?  Do they have: sensory issues, problems sitting still for to long, or have a hard time learning names?  Do they like to help younger children?  Are they really into team sports?

Don’t let anyone tell you that there is only some much space for your child’s profile and strengths, so you must limit what is written. Another page can always be added. People might also tell you that if there is less information people will be more apbt to read it. Though this might be true, you need that information to build a strong IEP. I think it is worth the risk.

Think out side of the box on how this information could help your child’s IEP Team develop an IEP that is both individualized and appropriate for your child.