Common use of Least Restrictive Environment/Medically Fragile Clause in Contracts

Least Restrictive Environment/Medically Fragile. 1. Application of this section shall apply to identified special education students in the following categories; SEI, SCI, SXI, MoCI, PI, OHI, SLD, MiCI, EI, ASD and medically fragile students. 2. No bargaining unit member shall be required to provide custodial care or school health service (Defined as an act or function constituting the "Practice of Medicine" within the meaning of the public health code [MCL 333.17001]), except in an emergency situation. If a teacher will be providing instructional or other services to a student listed in sub-section 1, the teacher, or another adult who will be present when the instruction or other services are being provided, will be advised of the steps to be taken in event an emergency arises related to the student's medical condition. 3. If a teacher has a reasonable basis to believe that a student with a disability has a current individual education plan (IEP) that is not meeting the student's unique needs as required by law, the teacher will advise his/her principal of that opinion in writing. 4. On a case-by-case basis, the Board will determine what training and other support should be provided to a teacher who will be providing instructional or other services to a student with a disability. If a teacher disagrees with the Board-determined training and support, the teacher may appeal to a committee composed of two (2) teachers elected by the Association and two (2) administrators selected by the Superintendent. The committee shall invite a fifth (5th) person to participate with the committee. The committee shall determine the appropriate training and/or support services. 5. The Board and Association acknowledge that the policy of Least Restrictive Environment is legally mandated. It is also recognized that the extent to which any individual student with a disability should participate in regular education programs and services involves consideration of that student's unique needs as determined by an Individual Educational Planning Committee (IEPC). Although it is agreed that the participation and right to participation of a student with a disability in regular education programs and services cannot be affected by this Agreement, the Board does agree to consider how the placement of a student with a disability will affect teachers when determining the placement of a student with a disability. 6. The Board shall determine the need for a teacher who will be providing instructional or other services to a student with a disability to participate in the IEPC which may initially place (or continue the placement of) the student in a regular education classroom. The Board shall provide release time in the event the Board directs or authorizes a teacher to attend an IEPC which is scheduled during the time the teacher is assigned to teach a class.

Least Restrictive Environment/Medically Fragile. 1. Application of this section shall apply to identified special education students in the following categories; SEI, SCI: SMI, SXI, MoCITMI, PIPOHI, OHI, SLD, MiCI, EI, ASD autistic and medically fragile students. 2. No bargaining unit member shall be required to provide custodial care or school health service (Defined as If an act or function constituting the "Practice of Medicine" within the meaning of the public health code [MCL 333.17001]), except in an emergency situation. If a teacher will be providing instructional or other services to a student listed in sub-section 1, the teacher, or another adult who will be present when the instruction or other services are being provided, will be advised of the steps to be taken in event an emergency arises related to the student's medical condition. 3. If a teacher employee has a reasonable basis to believe that a student with a disability has a handicapped student's current individual education plan Individual Education Plan (IEP) that is not meeting the student's unique needs as required by law, the teacher employee will advise his/her principal of that opinion in writing. 43. On a case-by-case basis, the Board Employer will determine what training and other support should be provided to a teacher an employee who will be providing instructional or other services to a student with a disabilityhandicapped student. If a teacher an employee disagrees with the BoardEmployer-determined training and support, the teacher employee may appeal to a committee composed of two (2) teachers elected employees selected by the Association and two (2) administrators selected by the SuperintendentEmployer. The committee shall invite a fifth (5th) person to participate with the committee. The committee fifth person invited would be the superintendent of the Xxxxxxxxxx Education Services Agency (XXXX) or that person's designee. The committee, by majority vote, shall determine the appropriate training and/or support services. 54. The Board and Association acknowledge that the policy of Least Restrictive Environment is legally mandated. It is also recognized that the extent to which any individual student with a disability should participate in regular education programs and services involves consideration of that student's unique needs as determined by an Individual Educational Planning Committee (IEPC). Although it is agreed that the participation and right to participation of a student with a disability in regular education programs and services cannot be affected by this Agreement, the Board does agree to consider how the placement of a student with a disability will affect teachers when determining the placement of a student with a disability. 6. The Board Employer shall determine the need for a teacher an employee who will be providing instructional or other services to a handicapped student with a disability to participate in the IEPC which may initially place (or continue the placement of) the student in a regular education classroom. The Board Employer shall provide release time in the event the Board Employer directs or authorizes a teacher an employee to attend an IEPC which is scheduled during the time the teacher employee is assigned to teach work. In the event the Employer directs or authorizes training outside regular working hours, the employee shall be in a classpaid status, not to exceed eight (8) hours in any given day. With prior notice the employee's regular hours may be adjusted for this purpose. 5. The parties agree to meet and confer on the operation of this section and upon formal request of either party, the other party agrees to enter into negotiations on specific issues related to implementation of this section.