FACT Oregon

Empowering families experiencing disability.

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What are “Dear Colleague” Letters, and Why are They Important?

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December 21, 2016

By Ava Bartley, Advocacy and Engagement Director

Chances are you’ve heard about “Dear Colleague” letters at some point, but if you’re still not sure what they are, you’re probably not alone.

A “Dear Colleague” letter is a guidance document issued by a federal agency that helps explain and interpret existing laws and regulations. About 10 years ago, the Federal Office of Management and Budget issued the “Final Bulletin for Agency Good Guidance Practices,” which told agencies what kinds of additional policy guidance they could issue and explained the process they needed to follow to issue it.

Do “Dear Colleague” letters have the same legal force as federal laws or regulations? No, they are non-binding. But should you pay attention to them? Absolutely. Why? Because guidance documents like “Dear Colleague” letters are basically policy statements that give helpful guidance in interpreting existing laws and rules that can be extremely complex and hard to understand. They’re also a good indication of the position agencies will take when enforcing their own laws and rules.

As laws become more complex, agencies seem to be turning to this form of guidance more often to help interpret existing laws and rules.

The following are brief descriptions of just a few of the “Dear Colleague” letters relating to special education and the Individuals with Disabilities Education Act [IDEA] that have been issued by the U.S. Department of Education in the last year or so:

IDEA Applies to Children Enrolled in Virtual School – August 5, 2016

This document describes the IDEA’s requirements that local education agencies must meet in order to ensure they are providing a free and appropriate public education [FAPE] to children experiencing disability in virtual schools.

Behavioral Supports for Students with Disabilities – August 1, 2016

Do you have a student who experiences behaviors in the classroom because of their disability, including those that result in suspensions or other disciplinary measures? This one may be meaningful to you. It states that the behavior needs need to be included in the list of needs an IEP team has to meet, and the IEP team must consider using strategies like positive behavioral interventions [PBI] and supports in order to ensure a child receives FAPE.

IEP Goals for Children with Disabilities Must Align with State Grade-Level Content Standards – November 16, 2015

With a stated purpose of ensuring all children with disabilities are held to high standards and high expectations, this Dear Colleague letter clarifies that IEP’s for children experiencing disabilities have to align with state academic content standards for the child’s current grade and must include specially designed instruction and enable the child to have access to – and make progress in – the general education curriculum.

There have also been several “Dear Colleague” letters and other guidance documents issued recently about the Every Student Succeeds Act [ESSA], among them the following:

Stakeholder Engagement in Developing State Plans – June 23, 2016:

This “Dear Colleague” letter stresses the importance of stakeholder engagement in the development of state plans to implement the ESSA, and identifies several strategies states could use to meaningfully engage a diverse group of stakeholders in the process.

This one is especially relevant in Oregon right now because Oregon is in the middle of its process for developing its ESSA State Plan. For more information, go to the Oregon Department of Education ESSA web page. You can review a draft framework of Oregon’s ESSA State Plan and take a survey to provide your valuable input. (FYI: This survey closes January 16, 2017!)

To learn more about advocacy and ways parents can get involved in the legislative process, join us for the webinar, FACT Oregon Presents Legislative Advocacy 101 with the GO! Project on February 9, 2017.

FACT Oregon’s “Don’t Judge a Book by Its Cover” 2017 Calendar

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October 15, 2016

Click here to order FACT Oregon’s 2017 calendar, “Don’t Judge a Book by Its Cover” – only $25 (including shipping)!

Young teen sitting on motorcycle with biker behind her giving a thumbs upThis project was born from the reality people experiencing disability face: being judged by their appearances, leading others to mistakenly presume their abilities, interests, and personalities. FACT wanted to break this stereotype by photographing people with disabilities posing with another often-misjudged population: motorcycle club members!

This calendar is perfect for your family, extended family, school staff, and professionals who work with people experiencing disability. Raise disability awareness this holiday season with  FACT Oregon’s “Don’t Judge a Book by Its Cover” calendar!

= PREVIEW THE CALENDAR HERE =

Why is this calendar important?

  • Calendars do more than give our lives structure; they give us a beautiful image to focus on as we start our day. This calendar will help your family, friends, school staff, and colleagues start the day with the knowledge that they can make a difference in their language, attitude, and demeanor towards all the people they encounter that day.
  • This calendar is a visual reminder that disability is a natural part of the human experience and a wonderful aspect of human diversity that does not call for labeling or prejudging.
  • Calendars have always been a part of people’s day-to-day activities. However, these days it seems like we need them more than ever to finetune our busy lives and choreograph our dynamic schedules.
Young boy with bandanna and glasses gripping hands with muscular biker with beard and tattoos

We are grateful to Ben Wood Photography and Anna’s Photography who donated their time and services for this one-of-a-kind promotion. We’d also like to thank Team Latus Harley-Davidson & Triumph for providing the Harley bikes and apparel, and local motorcycle enthusiasts along with Portland Beard Company for posing with families.

Raise disability awareness this holiday season with FACT Oregon’s “Don’t Judge a Book by Its Cover” calendar!

FACT Oregon’s New Vision for Families Experiencing Disability

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July 12, 2016

It’s finally here! For the last six months, FACT Oregon’s board and staff have been working to reformat our mission and vision that drive our work.

As the state’s official parent training and information center, we are dedicated to bringing special education information and resources to all areas of this amazing region we call home.

However, it’s no secret that disability intersects not only with education: it crosses into one’s community; from recreation to medical visits, sports clubs to faith-based settings. Disability should not keep a person from experiencing a rich, full life where all communities are accessible, welcoming, and embrace that disability is natural.

FACT Venn diagram on new target areas.
(En Español)

With this in mind, FACT Oregon has expanded its mission to focus on that whole life we want for our children: “Empower Oregon families experiencing disability in their pursuit of a whole life by expanding awareness, growing community, and equipping families.”

We’re very excited to expand our work into areas outside of special education. You can count on us to share our person-centered, family-driven perspective in more workshops and events that address topics related to recreation, county services, and much more.

Reduced School Days

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February 22, 2016

In January 2016, Oregon Department of Education issued a memorandum that highlighted an issue that a number of Oregon families faced: reduced school days. FACT received a significant number of calls from concerned parents whose children were missing large chunks of the school day – some receiving as little as 2 hours of instruction per day.

To quote Disability Rights Oregon:

In recent years, many Oregon school districts have resorted to inappropriately shortening the school days of student with disabilities, often to as little as an hour a day, instead of constructively addressing behavior problems with positive behavior supports…We collected and provided data regarding the prevalence and duration of shortened school days through parent surveys that were available on DRO and [Youth, Rights & Justice] websites. We also worked closely with our partners at Families and Community Together (FACT) whose input into our data collection effort was invaluable.

The data we collected conclusively confirmed the prevalence and seriousness of the problem. When it was presented to ODE, the Department was moved to acknowledge that the problem was significant and began working on a Numbered Executive Memorandum about reduced school days.

You can read ODE’s memorandum here, but important take-aways include the following:

  • “For students who receive special education services, a decrease in instructional time likely constitutes a significant change to the Individual Education Program (IEP) and/or a change in placement, triggering the procedural safeguard requirements of the Individuals with Disabilities Education Act (IDEA).”
  • “In some circumstances, it may be necessary to adjust the minutes of instructional time for a student with a disability. For example, this may apply for a student with a medical condition for whom a full school day is difficult due to endurance or other factors.”
  • “The following practices are considered ineffective, and may result in a violation of a student’s access to a free appropriate public education…:
    • Behavior contracts that set a quota for “good behavior days” that govern whether a student can enter, reenter, or remain in a less restrictive educational setting.
    • A pattern or practice of calling parents in the middle of a school day to come to school to pick up their student due to behavior issues..​.”

​FACT appreciates that some children have benefited from a reduced school day, thanks to their parent’s advocacy to appropriately meet their child’s needs. It’s important for parents of children experiencing disability to understand how a shortened school day may impact their child’s education.

FACT encourages parents whose children’s school day has been shortened (without an IEP meeting or formal agreement) to contact their child’s school and ask important questions like, “How is a reduced day impacting my child’s IEP?,” “Will this affect my child’s ability to meet their graduation requirements?,” and “What steps can the school take to support my child while reducing the disruption of academic instruction?”

Funding Needed for Oregon’s EI/ECSE Services

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January 21, 2016

FACT Oregon would like to share some information with you that affects families who have children who receive early intervention/early childhood services [EI/ECSE]. EI are services for children birth to two years of age who have developmental disabilities, while ECSE is for children age three to school age with disabilities.

Here at FACT Oregon , we strongly believe that families getting a great early start is the best way to ensure that they have vision for the future, dream big dreams, and have high expectations for their child. EI/ECSE services play a big role in that plan.

You may not be aware, but over the past eight years, Oregon’s EI/ECSE funding has not kept pace with the caseload growth of children who need these services. In addition, these programs are state- and federally-mandated, and require that children benefit from the services.

Yet many families feel these services are not enough for their children’s needs. According to a fact sheet issued by Northwest Regional ESD, “Just to maintain the current minimal (insufficient) service level for the anticipated caseload increase will require a $5.4 million increase in the 2015/17 EI/ECSE Budget.”

What can YOU do? For one thing, you can contact your state legislator (quickly look them up here) and let them know the role EI/ECSE played in your family’s life; what your experience was like; and how funding may have impacted the services your child received.

Check out this infographNeed some talking points? Check out this infographic from OCDD and the Oregon Alliance for EI which explains the role these services play, and the challenges they’re facing in 2016. If you would like more details, this fact sheet has data that shows the urgency of the matter.

 

#DISABILITY: change the wor[L]d

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DISABILITY: change the wor[L]d

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If your child, grandchild, or family member experiences a disability and you were looking for information, resources, and support, where would you turn?

Over 6,000 families turned to FACT Oregon this year alone!

Why?

Because support provided by families for families is often just what a parent needs! Here at FACT Oregon, each staff member is a parent of a child experiencing disability. We’re able to share what we’ve learned on our personal journeys, including the critical importance of having high expectations and a vision for a whole life for our children.

When you donate, you support the foundations laid early in life leading to the fulfillment of hopes and dreams for our children as independent, integrated, and valued members of our communities. Moreover, when parents advocate for their children, they are nurturing future self-advocates.

Your continuing contributions have helped FACT Oregon become the leading family advocate organization empowering Oregon families experiencing disability. We are so grateful to you for help in creating and sustaining this life-changing work!

FACT Oregon is whom you turn to for special education support in Oregon, but we are so much more! We need your continuing help to provide the support families are seeking. Through your giving, you are helping us touch the lives of thousands of fellow Oregonians. You are ensuring families get to dream big dreams, create whole lives, and their child’s world is much more than their disability!

Your compassion helps FACT Oregon build accessible and welcoming communities where disability is a natural part of the human experience. Our community members experiencing disability can be more than recipients; they will be participants, contributors, and our future.

We ask you to support our families with a gift as we continue this work.

Please send this gift today! FACT Oregon families are counting on your generosity.

Support our work through a tax-deductible donation [Federal Tax ID #364533809]. Every dollar helps!

Thank you so much for your support.

 

Warmest regards,

Roberta Dunn

FACT Executive Director

#DISABILITY: change the wor[L]d

FACT Oregon
2475 SE Ladd Ave. Suite 430
Portland, OR 97214

(503) 786-6082 or 1 (888)-988-3228