Determination of School SpEd Capacity. By May 15 of each year, or such other date as is mutually agreed, DSST and the Director will determine the number of students with active IEPs currently enrolled in DSST for the ensuing year. Based upon the anticipated needs of such students and any reasonably projected new enrollments, and after consultation with DSST, the Director, using the formula and analysis applied to special education staffing assignments in traditional schools, shall decide upon the qualifications and number of special education licensed and endorsed (as required by law) special education teacher FTEs to serve those DSST students. Commencing in 2019-2020, subject to the approval of the Director, DSST may directly hire properly qualified, licensed, and endorsed special education teachers to provide the services that would otherwise be required by one or more District special education teachers in increments of .5 FTE to meet the documented needs of such students. The number of proposed 1.0 or .5 FTEs to be hired by DSST shall be based upon the number that would be approved for the same caseload in another district school as determined and approved by the Director. DSST may elect and agree to hire a special education teacher at an FTE assignment greater than what is determined by the Director under the above standards, provided that the cost above the approved level of assignment shall be borne by DSST, as provided in Paragraph 9, below. In the event the IEPs of students with special education needs (excluding students whose IEP identifies only speech/language as the disability) enrolling in the Fall present a materially greater or lower caseload, adjustments shall be made by the Director in the same manner, and at other times during the school year, as they are made in similar circumstances in traditional district schools. Any change in the authorized special education teacher FTE allocation to DSST shall result in an appropriate pro rata increase or decrease in the credit under Paragraph 9, below. DSST shall be fully responsible for securing licensed substitutes for any special education teachers employed by DSST who are absent or temporarily disabled for any reason, and for replacing any special education teachers employed by DSST who resign, retire or are terminated for any reason. When DSST elects to hire the necessary special education teachers under this contract, it shall ensure that any finalist for a special education position is “highly qualified” as required by law and h...
