The Blaine County Journal News-Opinion - We've Got The County Covered

With the retirement of its former Director, Louise Nissen, the Bear Paw Cooperative welcomed new leadership this past July when Sara Tempel took over as the entity's Director. Tempel joined the Co-op in 1994 as a School Psychologist and will continue to serve in that role as well.

When asked in what direction she hopes to lead the BPC as its Director, Tempel said she plans to implement a few changes. "There are a few ways of doing business that I have encountered in the various schools in which I have worked that I'd like to implement here for increased efficiency."

First, Tempel will work to update the processes for evaluation and supervision of specialists and staff members so that those procedures run more parallel with the Montana Educator Performance Appraisal System (Montana-EPAS). The Administrative Rules of Montana (ARM) Title 10, Chapter 55 Standards of Accreditation provides the framework for the evaluation process used in Montana schools. The standards outline the minimum guidelines and requirements of the evaluation system used by a school district.

"I realize that Bear Paw Co-op is not a school, but the EPAS is the state's model for the evaluation of teachers and school leaders. This standards-based evaluation system is designed to encourage professional learning through a continuum of career development. So, I want to revise the evaluation and supervision rubrics to align with the work that our specialists do so that we have more than just a box to check," Tempel stated.

Based on the Danielson Framework, which serves as a guide for coaching and mentoring in schools across the country, the revised rubrics would be evidence-based and reflect a growth model with a self-assessment component, according to Tempel's vision.

Originally developed by Charlotte Danielson in 1996, the framework for professional practice identifies aspects of a teacher's or a specialist's responsibilities, which are supported by empirical studies and help to improve student learning, to manage student behavior, and to foster active engagement with the entire educational community. Danielson created the framework to capture "good teaching" in all of its complexity. The broad framework was also intentionally designed to capture effective teaching at every grade level and across a wide range of student populations, including those with special needs.

"In order for specialists to be effective, they need to maintain a commitment to assessing student needs and providing highly individualized support for every student," Tempel explained. "The components of the Danielson Framework apply to the work that we do in the schools and with students."

Tempel also hopes to develop a new procurement policy so that a credit card type system can be used for purchases. "This will alleviate the need to spend from personal pockets and then request reimbursement," Tempel said.

Another element of change will occur with Medicaid billing. "According to a provision of the Individuals with Disabilities Education Act (IDEA), agencies can request reimbursement to pay for services required under the Act," Tempel explained.

Because the federal government has not funded special education services at the same rate as regular education, the Medicaid billing will enable the Co-op to remain financially solvent. According to Tempel, many cooperatives in the state are forced to assess their member districts for additional payments to supplement insufficient federal and state funds. "We have not yet been forced to assess our member schools for additional dollars, nor do we want to" Tempel said.

This point led to a short history on why co-ops were formed and how they are funded. According to the Montana Office of Public Instruction (OPI), the special education cooperatives were created to allow the local districts, if they choose to be a member, the opportunity to pool state and federal resources to more efficiently provide the services the member districts need. Five percent of the state's Special Education funding goes to Montana's 21 co-ops.

Because they enable this pooling of resources, the special education cooperatives serve a vital function for Montana. Not only are the cooperatives the vehicle through which Montana is able to ensure that a full continuum of services is available, but they also ensure more equitable access to special education and related services to the children in their local districts.

Co-ops serve 81 percent of Montana's school districts and 36 percent of the state's special education students. A special education co-op like BPC provides related services for rural school districts, such as occupational therapy, speech pathology, psychological testing, and more.

In part of a five-report series on the IDEA, the National Council on Disability (NCD) points out that "In 1975, when Congress passed the first iteration of the IDEA mandating that all children with disabilities be provided a free appropriate public education in the least restrictive environment (LRE), it also promised states the Federal Government would provide 40 percent of the average per pupil expenditure to help offset the cost of educating eligible students. In the nearly 43 years since the law's passage, Congress has never lived up to that funding promise."

That report went on to say: "Congress' historical approach to flat funding IDEA creates apathy and acceptance in school buildings each day where-until there is more funding-families generally have to take what they are offered. School administrators, teachers, and families are yoked together because children qualify for and need individualized, specially designed instruction and support. Yet, this is generally not available because a substantially underfunded mandate hamstrings everyone."

In a February 2018 letter to President Donald J. Trump, Chairperson of the NCD at that time, Clyde E. Terry wrote: "The Federal Government's failure to meet its promised funding obligation has stressed many state and local budgets to the point where many districts routinely struggle to meet student needs."

Despite those promises, today, the Federal Government pays less than half of what it originally promised in 1975. The state's share of special education funding plummeted from 81.5% in 1990 to 33% in 2017. Federal contributions have also dropped, with local school district general funds and taxpayers filling the growing gap.

In an effort to rectify these fiscal concerns, Moffie Funk, a Democrat from House District 82, was requested by the Education Interim Committee to sponsor House Bill 27. Introduced in the Montana 2019 Legislative session, HB 27 addressed funding for Special Education, but that bill died. Had it passed, HB27 would have increased and revised the distribution of the special education allowable cost payment and applied an inflation factor to the special education allowable cost payment.

Although state statute ensures that general K-12 funding receives an annual inflationary increase, special education is a line item in House Bill 2 each legislative session. That line item status implies there is no guarantee of an increase from year to year.

This means that, in each biennium, the OPI must request that the inflationary factor that is used for the other appropriations be applied to the special education appropriation. When the legislature does not approve this request, the disparity in funding between general education programs and special education programs grows wider, and school districts must take funds from other sources to pay for the increasing costs of providing special education and related services to Montana's students with disabilities. This results in fewer educational opportunities for all students because of program cuts required to meet special education costs at the district level.

Tempel expressed displeasure about the denial of an inflationary increase to entity's like the BPC: "The Montana Legislature once again denied equitable funding for students with disabilities," she reported.

"While the number of high needs students has continued to grow, state special education funding is flat, so we need to bill Medicaid to help off-set expenses so that our services remain available and so that our people can continue to receive the professional development they need to remain current on new therapeutic strategies as well as on the laws that govern the special needs child."

In essence, the law that states that each school district in the state must make available to students with disabilities a full continuum of special education and related services has become an unfunded mandate. For approximately 80 percent of Montana school districts, this full continuum of services can only be accomplished through membership in an interlocal special education cooperative. Many small school districts simply cannot employ all of the specialized staff required for initial identification, reevaluation and provision of special education and related services.

Under the current funding formula, five percent of the Special Education Allowable Cost appropriation is available to support the special education cooperatives in meeting the administrative and travel cost of the cooperative.

Significant increases in the costs associated with both the administration of the cooperatives and the travel costs associated with itinerant staff, coupled with a lack of increases in special education funding, have put the cooperative structure at risk.

"Personally, there will be a steep learning curve for me with the budget and finances," Tempel admitted. "Many of the fiscal aspects are unique to co-ops, but I have a great governing board and a capable team that will help to guide me," she stated.

The BPC's Governing Board is comprised of Valerie White, Blaine County Superintendent of Schools; Darin Hannum, Chinook, Chairperson; Bart Hawkins, North Star, Vice-Chairperson; Gary Weitz, Dodson; and Tony Warren, Turner.

"I am very blessed to have spent the majority of my professional career in service to others through the Co-op," Tempel concluded.