IFD-P1 - Appropriate Educational Programming (AEP)

The Appropriate Educational Programming Regulation, under The Public School Act, and the Student Services Standards for Appropriate Educational Programming in Manitoba, provides directions to guide policy and programming for all students, particularly those with special learning needs, in receiving the appropriate educational programming they require. The regulations confirm in legislation that all students in Manitoba are entitled to receive appropriate educational programming that fosters student participation in both the academic and social life of the school. The legislation supports Manitoba’s philosophy of inclusion.

Inclusive schools provide a learning environment that is accessible to all students as a place to learn, grow, fully participate in their school community, and enjoy all the benefits of citizenship. Inclusive school divisions select from a variety of service delivery models that support Manitoba’s Philosophy of Inclusion through the universal design lens. Universally designed schools, classrooms, curricula, instruction, and materials provide all students with access to the resources they require, regardless of their diverse learning needs. Collaboration among home, school, and community is imperative.

Student services teams in Prairie Spirit schools support students in a variety of ways. Any student may require student-specific planning, programming, and documentation, including those who have identified special learning needs and abilities. Students with special learning needs and abilities are

• those who require specialized services or programming when deemed necessary by the in-school team because of cognitive/intellectual, social/ emotional, behavioural, sensory, physical, communication, academic, or special health-care needs that affect their ability to meet curricular learning expectations 

or 

• those who are working well beyond subject- or course-specific provincial curricular learning expectations in one or more subjects/courses or specific skill areas.

The in-school team includes the student, parent(s), classroom teacher(s), school principal, resource teacher, school counsellor, and may include educational assistants and others who support students with special learning needs and abilities. The team has an important role in planning, developing, and monitoring student-specific plans (SSPs) for students. For students who require an SSP, a member of the in-school team is designated as case manager.

Standards for Appropriate Education Programming Procedures:

Access:

All students in Manitoba are entitled to have access to education under the Public Schools Act. Some will require accommodation such as adaptations, curricular modifications, or individualized programming to meet their learning needs.

1. Students with special needs must have access to the same minimum number of hours of instruction as all other students and full participation in the curriculum (Manitoba Regulation 101/95). Plans to manage risks and reasonably accommodate special needs for these opportunities shall be made collaboratively by the school team, which may include students, teachers, principals, clinicians, parents and/or division office staff. Reduction or alterations in the length of the school day must be documented in the SSP, including a plan to return to full-time instruction.

2. The Superintendent, Student Services Administrator, Transportation Director, Maintenance Director, Principals, resource teachers, school counsellors, classroom teachers, clinicians, parents will make reasonable efforts to modify structures, remove barriers, or arrange appropriate transportation to an accessible setting if a placement cannot be made because of physical barriers (the Human Rights Code).

3. Students shall attend the school in their catchment area. (*Include Transportation Policy for students who are attending school outside the catchment area). 

If, in consultation with the parent/guardians and school/division team, it is determined that the catchment area school does not have the facilities and programming to accommodate the student’s special learning needs, accommodation shall occur in the school with identified facilities and programs. Placement of students in locations other than the catchment school for their residents shall be reviewed annually or when a student’s needs warrant review. Final placement shall rest with the school division.

If a student is required to attend a school different from their catchment school due to special needs, Prairie Spirit School Division will provide appropriate transportation to the assigned school.

4. Prairie Spirit School Division will consider barrier-free access and universal design principles in planning for all new construction and significant renovation (MR 164/98).

5. Parents will be provided with accessibility information for each school in Prairie Spirit School Division upon request.

6. Prairie Spirit School Division will transfer pupil record information according to existing Manitoba Pupil File Guidelines.

7. Prairie Spirit School Division will transfer the cumulative file and pupil support file components of the pupil file within one school week of receiving such a request from the receiving school (MR 468/88).

8. Prairie Spirit will use the PSSD Pre-Registration Interview/Meeting GuidePSSD Pre-Registration Interview/Meeting Guideto facilitate the transition-to-school plan in a timely manner, which encompasses the interdepartmental and provincial transition protocols.

9. A Personal Transportation Plan (PTP) shall be developed for students who require transportation due to special needs. The plan shall be in accordance with Manitoba Education and Early Learning Policy Guidelines for Transportation of Students with Special Needs.

10. Prairie Spirit School Division will ensure students will have access to experiential learning opportunities such as assemblies, drama, sports, and school or class field trips and plans will be made to reasonably accommodate the needs of all students.

11. Educational programming shall occur within 14 days after the student seeks to be enrolled, regardless of whether that school has received the student’s pupil file.

Early Identification:

Prairie Spirit School Division regularly assesses the learning of all students. Early identification refers to the process used to identify students with special learning needs and abilities in pre-school, Kindergarten, the Early Years, or as early as possible before or after their entry into school. Classroom-based assessment is critical to the early identification of special learning needs and abilities.

1. Prairie Spirit School Division ensures that a student is not denied educational programming pending

   1. The conduct of any assessment

   2. The preparation of a student-specific plan (SSP)

2. *(insert early identification policy)

3. Prairie Spirit School Division implements divisionally-developed assessments in Literacy and Numeracy to guide appropriate student instruction, as determined by qualified members of the in-school/divisional team in early identification. This typically includes the classroom teacher, resource teacher, SLP and School Psychologist.  

Prairie Spirit School Division follows the interdepartmental transition protocols (Manitoba Regulation, 155/05) to initiate planning for students entering the division:

Guidelines For Early Childhood Transition To School For Children With Special Needs

Education and Child and Family Services Protocol for Children and Youth in Care

4. Prairie Spirit School Division makes reasonable efforts to involve parents, other community agencies and government departments in early identification and intervention processes.

5. Pre-Kindergarten orientation sessions, including the Welcome to Kindergarten program, reports from Children’s Therapy Network of Manitoba clinicians, and information shared by childcare staff are part of the early identification process. Parents are invited to pre-school transition meetings so that relevant information to planning and implementing their children’s educational programming upon school entry can be discussed.

6. Early Identification Procedures for preschoolers include, but are not limited to:

   1. Schools shall inform parents of the Kindergarten screening process

   2. To identify students with special learning needs and in accordance with the Provincial Guidelines for Early Childhood Transition, the school shall hold meetings with parents prior to students entering kindergarten. Such meetings shall involve relevant school, divisional and outside agencies personnel.

   3. Information required for planning and implementing a student’s educational programming upon school entry may be gathered, as appropriate, from clinicians, outside agencies, previous schools, and pre-school providers.

7. Early Identification Procedures for K-4 students include, but are not limited to:

   1. General observation and assessment by the classroom teacher

   2. Kindergarten screening by a speech-language pathologist

   3. Results of the Early Development Instrument (EDI)

   4. Results of early literacy and numeracy programs

   5.  Results of the provincial assessments in literacy and numeracy such as the annual grade 3 provincial assessment.

8. Procedures for students not meeting the provincial curricular learning expectations include, but are not limited to:

   1. After implementing differentiated instruction, the classroom teacher may, in consultation with the resource teacher, identify students who require Tier 2 assessments.

   2. The classroom teacher and resource teacher will meet with parent/guardian(s) to discuss the student’s assessment information, and may develop an Adaptation Plan, signed by parents, and implement supplemental supports in the area of difficulty.

   3. The classroom teacher and resource teacher will monitor progress of the supplemental supports, consult with clinicians and student services administrator in a Student Support Planning Meeting, and report to parents. 

   4. Further adaptations, monitoring of effectiveness, consultation and collaboration will occur and/or a referral to the appropriate clinician will be discussed and signed by the parent, school team, student services administrator, and clinician.

Assessment:

In accordance with the Public Schools Act, Prairie Spirit School Division has an obligation to conduct regular assessments of all students’ learning and to report this to parents at the regular reporting periods set out for all students in the province. Teachers use assessments to determine how students are progressing to guide and improve instruction for all students. Assessment methods must be appropriate for and compatible with the purpose and context of the assessment. 

Specialized assessments are conducted by qualified practitioners on an individual basis to determine what factors are affecting the student’s learning and what approaches would assist the student to meet the learning expectations in the classroom.

1. The recommendation for referral to the appropriate clinician will be made after the in-school team has pursued the in-school procedure and a pre-referral conference (student support planning meeting) with the appropriate clinician(s) and student services administrator has occurred.

2. The in-school team, in consultation with the clinician and student services administrator will prioritize the recommendations for specialized assessment.

3. Referrals for a specialized assessment require written consent and information sharing consent from the parent/guardian. Informed consent is the parent/guardians’ and student’s voluntary consent to participate in assessment, after being fully advised of the benefits and risks. It can be withdrawn at any time. Parents/guardians or students of age of majority sign a referral form to indicate consent. 

4. A referral will be completed each time a student is referred for an assessment and/or involvement of a clinician. 

5. Clinicians will provide timelines on specialized assessments, including timelines for follow-up meetings, reporting of results, and written reports. Assessment results will be written and interpreted for parents using language that can be clearly understood.  Clinicians are expected to comply with all professional standards, licensing requirements, and guidelines set by their respective professional organizations, and information sharing procedures are followed under the FIPPA, PHIA and PCISA Acts.

6. A clinician may hold an active caseload for follow up after the assessment, report, and meeting with the in-school team and parent/guardian has occurred. The student will be discharged from caseload when the clinician feels the student’s programming is running smoothly and without need for further consultation by the in-school team.

7. Subsequent to specialized assessments, the student support team will:

   1. Develop programming based on the recommendations of the assessment results (Manitoba Regulation 155/05)

   2. Develop student specific outcomes in the Student Specific Plan (SSP) based on the recommendations of the assessment results

   3. Assign support services based on the recommendations of the assessment results

   4. Prepare the SSP with the assistance of the parents, students (when appropriate), teachers, and other professionals as directed by the principal. Once a student has been assessed and a SSP has been implemented, regular on-going reviews in subsequent years will be in effect. 

   5. Develop and implement a plan for assessing and communicating the student’s learning of student-specific outcomes, using the recommendations of the specialized assessment. The assessment information gathered must inform the next steps in the student’s learning.

   6. Involve teachers, along with parents/guardians, students (when appropriate), and other professionals in the implementation, monitoring, and evaluation of the SSP.  Parents/guardians may bring an advocate to any of the meetings if they so wish.

   7. Teachers are required at regularly scheduled reporting periods to inform parents/guardians of student progress for students working towards expected learning outcomes and specific learning outcomes for students as outlined on an SSP.

   8. Students will not be denied educational programming pending the completion of an assessment.

Planning in Education:

Prairie Spirit School Division engages in a process of planning in education and of reporting progress toward meeting identified outcomes annually. It is important to involve the community, parents, and students in planning. 

Planning in education includes the school division, school, classroom, and student-specific planning. Planning in school divisions and schools to meet the needs of all students is a priority. The student services administrator has responsibility for coordinating supports and services across the school division and plays a key role in supporting the planning efforts of school teams. 

Teachers plan and use instructional practices to meet the diverse needs of all students in their classes. For some students who have special learning needs or abilities, student-specific planning is necessary. Principals, teachers, parents, and students (the in-school team) all have a role to play in student-specific planning. School clinicians provide consultative-collaborative services for school personnel and parents and may become active members of a student’s support team through the school division referral process. Other school support team members, including but not limited to Elders, mental health professionals, and/or community resources personnel, may be called upon to participate in the planning process.

A Student Specific Plan (SSP) is required when: 

• it is determined that a student requires student-specific outcomes in addition to the provincial curriculum 

• in K to Grade 8, it is determined that a student is eligible for the EAL or Littératie française designation in a subject, modification of curricular learning expectations in a subject, or individualized programming 

• in Grades 9 to 12, it is determined that a student is eligible for the English as an Additional Language (E) designation, Littératie française (L) designation, the Modified (M) course designation, or the Individualized Programming (I) designation 

• it is determined that a student has an identified need and requires adaptations  consistently in order to meet or approximate the learning expectations of the provincial curriculum 

• a student has been suspended out of school more than two times during a school year  

• it is determined that a student has special learning needs and abilities that require student-specific planning and documentation

The Division will obtain parent/guardian signatures on IEPs to indicate involvement in the IEP process.  In cases where the Division is unable to obtain parent/guardian signatures, reasons for refusal and actions undertaken by the school to resolve concerns will be documented.

Under the guidance of the Student Services Administrator, Principals will:

• Designate a case manager and ensure that a Student Specific Plan (SSP) is developed with the assistance of parents/guardians, student , teachers, and other professionals for any student who is unable to engage in the regular curriculum or has student specific learning needs.

• Be accountable for the delivery and implementation of educational programming and services for students with exceptional learning needs.

• Inform parents of student progress at the regularly scheduled reporting periods throughout the year or more frequently if programming changes are deemed appropriate.

• Ensure that the SSP:

• Is prepared using the divisional templates, and updated by the student support team, which includes:

  • the parents/guardians, who may be accompanied and assisted by a person of their choosing

  • student

  • classroom teachers

  • clinicians

  • others as deemed appropriate by the team

• Includes parental signature(s) to indicate informed parental confirmation of involvement in the SSP process.

• Takes into account student behavioural and health-care needs (if any).

• Is consistent with provincial protocols respecting student transition to and from school.

  • Ensure that students who have reached the age of 16 have a transition plan as required by interdepartmental protocol agreements (MR 155/05, provincial transition protocols).

• Includes information about the student’s current level of performance and achievement relative to identified learning outcomes (MR 155/05).

• Is updated at least annually or sooner if required by a change in the needs of the student.

• Is reported on to parents/guardians at least twice a year and/or at least once a semester, coinciding with regular reporting periods (PSA 58.6, MR 155/05, MR 468/88).

• Ensure that all students with special needs that require transportation accommodations have a Personalized Transportation Plan (PTP). (Policy Guidelines for Transportation of Students with Special Needs, 2004).

Students with SSPs who have a reduction or alteration in the school day must have it documented in the SSP.  Students will not be denied educational programming pending the development of an SSP.

Students with SSPs who are transitioning to adulthood will have an Adult Transition Plan specific to the needs of the student after graduation.

When the student turns 14, the school team will use the Bridging to Adulthood Interdepartmental Protocol to guide planning and implementation, and invite external partners to SSP meetings to ensure timely referrals to community supports as deemed necessary. 

Student Discipline:

Prairie Spirit School Division discipline is consistent with the Canadian Charter of Rights and Freedoms and The Human Rights Code, as well as legislation and regulations in The Education Administration Act and The Public Schools Act. 

The Provincial Code of Conduct (2013) sets out a range of appropriate disciplinary consequences for all schools to follow consistently. The Appropriate Disciplinary Consequences in Schools Regulation 92/2013 under The Education Administration Act confirms and restates the authority of principals, schools, and school divisions and requires principals of Manitoba schools to ensure that appropriate interventions and disciplinary consequences are included in their school codes of conduct. 

For some students, the approach to discipline will need to consider the student’s special learning needs and abilities, including whether 

• the student is able to access the information 

• the student understands the policy or rules 

• the disciplinary actions used for the majority of students are appropriate for the student

Schools shall provide reasonable accommodation for students who have exceptional learning needs that affect their behaviour. When disciplining students, the school will consider students’ ability to comply and the supports needed to learn appropriate behaviour. (Manitoba Regulation 468/88).

The safety of all students is the basis of all disciplinary responses. Schools shall provide a continuum of supports, including positive and preventative approaches and strategies identified and implemented by the school team through the behaviour intervention planning process.

• Principals must inform parents any time a student is sent home for disciplinary reasons

• Principals must ensure the student’s safety when a student is sent home for disciplinary reasons

• Any time a student is sent home for disciplinary reasons, the principal must identify a re-entry process that includes timelines, ensuring the student re-enters on the day following suspension. Parents, the student and appropriate school team members should be involved.

• A Student Specific Plan must be developed for any student who is sent home for disciplinary reasons more than two times during the school year. 

When school-based supports and safety plans are insufficient to ensure the safety of students, an alternative location and programming may be a part of the Student Specific Plan. This may mean a student could go home for a part of a day or may be learning in an alternative location for a longer period of time, as part of their educational programming. Aside from continued academic programming outside of the school, educational programming must address the students’ behavioural learning needs.

Students with special needs are suspended from attending school in rare circumstances. Suspension decisions should be based on a consideration of the safety and learning supports needed. When a student with special needs is suspended, schools have an increased level of responsibility to:

• communicate with parents to ensure the student’s safety

• use the information as part of the planning for the student’s learning

• collaborate with the entire student support team to address causes of the behaviour and learning needs

• identify a re-entry process that includes timelines involving the students, parents and appropriate school team members, and ensure re-entry occurs on the day following the suspension

• ensure that a behaviour intervention plan is written, implemented, and monitored during the suspension(s) and upon re-entry

Dispute Resolution:

Prairie Spirit School Division recognizes that parents/guardians have a critical role in the educational programs for their children.  For this reason the Board has made Divisional policies accessible to parents/guardians and recognizes their rights to make informal and formal appeals with respect to decisions about their children’s educational programming.

If a parent/guardian has a disagreement over a decision that significantly affects a student’s education, such a dispute about the educational programming and/or placement of a student with a Student Specific Plan, they are required to participate in an informal resolution process at the school level in an attempt to resolve the dispute before appealing to the Superintendent. The principal shall inform the parent/guardian of this requirement.

School level:

1. Any questions or concerns parents have regarding a student’s educational program shall be addressed to the teacher responsible for the program. If issues cannot be resolved, parents shall contact the principal.

2. The parent shall inform the principal in person, by telephone, or in writing that they have a dispute regarding the educational programming of their student and is prepared to participate in an informal dispute resolution at the school level.

3. The principal shall set up a meeting as soon as reasonably possible with appropriate school personnel to meet with parents/guardians and student (where appropriate) in an attempt to resolve the dispute.

4. The school and parent/guardian may find the following documents useful in their efforts to resolve the dispute.

   1. Appropriate Educational Programming in Manitoba: A Formal Dispute Resolution Process 2006

   2. Working Together: A Guide to Positive Problem Solving for Schools, Families and Communities

5. The principal and/or parent/guardian may request the Student Services Administrator to assist in mediating the dispute.

6. The informal dispute resolution must be concluded in a timely fashion.

7. The principal shall inform the parent/guardian that if they are not satisfied with the school level resolution, they have the right to make a formal appeal to the Superintendent within fourteen (14) days of the conclusion of the informal dispute resolution process.

Divisional Level:

8. A parent/guardian, or if the student is eighteen (18) years of age or older and is capable of doing so, may, within fourteen (14) days of the conclusion of the school level dispute resolution process, appeal to the Superintendent decisions that significantly affect the child’s education, such as disagreements about the educational programming (SSP) and/or placement.

9. The parent/guardian or student shall make the appeal in writing, stating the decision being appealed and the resolution being sought.

10. The Superintendent shall consider the appeal and render a decision within ten (10) working days.

11. The Superintendent may request additional information from the parent/guardian or student and from the school principal.

12. The Superintendent may hold a meeting with the school representatives and the parent/guardian and student (where appropriate) in an effort to resolve the dispute.

13. Parents have the right to be assisted by a resource person of their choosing in the meeting. The responsibility for engaging and paying for such assistance rests with the parent/guardian.

14. After the Superintendent has made a decision, the parent/guardian or student (if appropriate) and the school principal shall be informed of the decision in writing.

15. The Superintendent shall inform the parent/guardian, or student, if the student is eighteen years of age or older and submitted the appeal, of the right to appeal the decision of the Superintendent to the School Board within fourteen (14) days of receipt of the decision.

Board Level:

16. If the concern still cannot be resolved, the parent/guardian can make a formal appeal of decisions about their children’s educational programming to the School Board, through the Secretary-Treasurer. Parents have the right to be accompanied by a supporting person.

17. The Board will review the appeal, make their decision, and advise all parties in writing. The Board will advise parents of their right to request formal dispute resolution from Manitoba Education and Early Childhood Learning within 30 days from the time a complaint has been determined by the school board and efforts to resolve the issues locally and at the school and school division level have failed.

Manitoba Education and Early Childhood Learning Level:

18. The school division will participate in an alternative dispute resolution process regarding complaints made to the review coordinator of Manitoba Education and Early Childhood Learning

19. The school division will advise the review coordinator of Manitoba Education and Early Childhood Learning that a complaint has been resolved through alternative dispute resolution.

20. The school division will comply with a review committee request to answer any questions and to produce any documents, papers, notes, records and other material relevant to a complaint or to appropriate educational programming within the division.

21. The school division will direct any appeals of final decisions of a review committee to the deputy minister.

Prairie Spirit School Division will make all reasonable attempts to resolve disputes informally, using dispute resolution processes, such as mediation.

Coordinated Services:

Prairie Spirit School Division works collaboratively with governmental and non-governmental agencies to provide a range of supports and services for students. It is not unusual for health or law-enforcement authorities, for example, to work in partnership with the division and schools.

For students who have special learning needs and abilities, it is often essential that there be an interagency and coordinated plan that involves appropriate parties. Interdepartmental agreements or protocols are in place directing departments to participate in a collaborative process for students who

• Have special learning needs and abilities

• Are in the care of child welfare

• Have involvement with youth criminal justice

• Require student specific planning due to severe to profound emotional and behavioural needs

• Require student specific planning due to medical needs

Prairie Spirit School Division invites community agencies, organizations and associations, other education authorities, regional health and children's services authorities to plan collaboratively in support of appropriate educational programming for students.

Prairie Spirit School Division provides staff with direction on informed consent for information sharing from parents in compliance with the Manitoba Pupil File Guidelines, the Freedom of Information and Protection of Privacy Act, the Personal Health Information Act, and the Protecting and Supporting Children (Information Sharing) Act.

Professional Support:

Prairie Spirit School Division staff must meet the diverse needs of all students. Teachers and other professionals have a responsibility to engage in ongoing professional development (Education Administration Act MR 468/88).

Prairie Spirit School Division is responsible for ensuring that staff have or can develop the skills needed to implement inclusive practices using universal design principles in order to address the needs and abilities of all students.

1. Prairie Spirit School Division will identify the needs and abilities of the student population and provide the necessary professional learning opportunities for staff.

2. Prairie Spirit School Division will support staff in gaining the knowledge and skills to meet the individual needs of all students.

3. Prairie Spirit School Division will assess, monitor, and report their progress in relation to divisionally identified targets and provincial priorities.