Everything you need to know, but didn‘t learn about Special Education and 504Danielle Sheldrake, Ed.D., Beaverton School District

Session Objectives

Following this session:You will be able to explain what SDI is.

You will be able to differentiate between an accommodation and a modification.

You will be able to explain LRE.

You will understand basic discipline procedures regarding students with disabilities.

You will be able to identify a restraint and a seclusion.

Special Education…Is not how to get students “extra help.”

When the number of students in special education increases, it typically means there are just larger groups. You want to avoid diluting your programs just to get a student help.

Does not replace the general education obligation to educate a student.

Special Education services supplement the core curriculum. In a few circumstances a student may receive all their instruction from a special education teacher, but for 80% of students in special education the general education teacher(s) delivers core instruction.

There must be an educational impact to receive these services.

What is SDI?

Scuba Diving Instruction

Strategic Defense Initiative

Specially Designed Instruction

Sonic Drive In

SDI is…

SDI stands for Specially Designed Instruction.

It is the amount of supplemental instruction (above and beyond the core curriculum instruction) the student requires in order to make progress on their IEP goals.

SDI is based on student need determined through assessment, not because someone thinks a student needs it.

Additions or subtractions to SDI (subject, time) should be based on a documented need (i.e. assessment data) and included in the IEP.

Activity

Turn to your neighbor and share what Resource Room instruction looks like in your building.

Does the instruction that is being provided meet the criteria for SDI?

How could you support the design of instruction in the Resource Room to better align with the intended purpose of SDI?

How do you use the master schedule as a tool versus a barrier for the provision of SDI?

A 504 Plan…

Is not a consolation prize for not qualifying for Special Education.

There must be an impact on a major life function (learning, concentration, thinking, breathing, etc.) to receive a 504.

504 eligibility is not limited to educational impact.

School districts and staff that fail to implement a 504 can be subject to monetary fines.

The following topics pertain to Special Education and 504

Role of the General Education Teacher

The General Education Teacher is a required IEP and/or 504 participant.

Their input is essential in determining how the student’s disability impacts their progress in the general education setting.

They are required to implement any accommodations or modifications that are listed on the IEP.

Activity

Turn to another neighbor and share how you encourage and support general education teacher participation in IEP and 504 meetings?

Accommodations v. Modifications

Accommodations level the playing field.

Typically include:Environmental Changes

Presentation Changes

Assistive Technology

Assignment Changes

Reinforcement

Testing Adaptations

Modifications change the game.

Typically include:Lower Curriculum

Materials Simplified

Grading Changed

Lower Expectations

Testing Measures Lowered

What is LRE?

Long Range Education

Layered Restrictive Education

Least Restrictive Environment

Laughing Really Energetically

LRE is…

Least restrictive environment" (LRE) means that a student who has a disability should have the opportunity to be educated with non-disabled peers, to the greatest extent appropriate.

LRE

LRE Common Mistakes• A student with resource room for SDI in academics

misbehaves and is sent to RR on an on-going basis.

• A student has 30 minutes a week on their IEP, but has a full class period on the daily schedule in a SpEd classroom and the non-justification participation only reflects the 30 minutes/week of removal.

• A student is suspended/expelled and put on home instruction tutoring, but no change of placement is completed.

• A student is sent into a SpEd classroom by a teacher when there is an activity scheduled that seems too difficult.

Discipline

If a student who is eligible for Special Education or a 504 reaches 10 days of suspension or expulsion, prior to a 11th day of suspension or expulsion a Manifestation Determination MUST be completed.

Furthermore, for every incident for the rest of that school year that occurs after the 10th day of suspension or expulsion, a Manifestation Determination MUST be completed.

There is no suspension or expulsion “reset” during the school year.

Manifestation Determination

A Manifestation Determination is the process of determining whether or not the behavior that will potentially result in the suspension or expulsion of student is directly related to the student’s disability or the result of the District’s failure to implement the student’s IEP or 504.

Manifestation Determination

ContinuedIf the behavior is the direct result of the student’s disability or the District’s failure to implement the IEP or 504 then the student cannot be subject to suspension or expulsion for the behavior.

The IEP team should convene a meeting to obtain consent for a Functional Behavior Assessment and develop a Behavior Intervention Plan.

If the behavior is not the direct result of the student’s disability and the District’s implemented the IEP or 504 then the student can be subject to suspension or expulsion for the behavior.

Interim educational services must be provided to the student during their suspension or expulsion.

Manifestation Determination Special

CircumstancesA student whose behavior was determined to be a manifestation of their disability may be removed to an alternative education setting for up to 45 days if the behavior involved:– carrying or possessing a weapon to, or at,

school, school premises, or a school function.

– drugs.– Infliction of SERIOUS bodily injury.

Important

• When a building administrator or a teacher calls a parent and asks them to come and get their child, this is a suspension.

• "A weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of causing death or serious bodily injury, except that such a term does not include a pocket knife with a blade of less than 2.5 inches in length.” 18 USC 930.

IDEA Weapon Definition

Oregon Weapons Definitions

• Firearm: “(a) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; b) the frame or receiver of any such weapon; (c) any firearm muffler or firearm silencer; or, (d) any destructive device (any explosive, incendiary, or poison gas bomb, grenade, rocket with charge of more than four ounces, missile with charge of more than an ounce, mine, or similar device).” Does not include antique firearm.

• Dangerous Weapon: “any weapon, device, instrument, material or substance which under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious injury.” ORS 161.015(1)

• Deadly Weapon: “any instrument, article or substance specifically designed for and presently capable of causing death or serious physical injury.” ORS 161.015(2)

Drug Offense• The IDEA defines a drug offense as knowingly

possessing or using illegal drugs or selling or soliciting the sale of a controlled substance, while at school, on school premises, or at a school function.

• For these purposes, “illegal drug” does not include a prescription drug for which the student has a valid prescription. Therefore, the student's use or possession of the prescription drug does not constitute a drug offense. However, distributing, selling, or soliciting the sale of the prescription drug, even if the student has a valid prescription for the drug, does constitute a drug offense by the student.

Serious Bodily Injury

• Serious Bodily Injury is an injury that involves: – Substantial Risk of Death

– Extreme Physical Pain

– Protracted and Obvious Disfigurement; or

– Protracted loss or impairment of function of a bodily member, organ or mental faculty.

Discipline Activity

• A student, on an IEP or 504, gets into a fight and is suspended from school for 10 days.

• Two months later the student gets into another fight.

• What happens now?

One more thing… Restraint and

Seclusion

This is for ALL students not just students on IEPs and 504s.

Definition of Physical Restraint

“Physical restraint” means:

The restriction of a student’s movements by one or more persons:1. Holding the student or 2. Applying physical pressure upon the

student.

Definition of Seclusion

“Seclusion” means:

1.The involuntary confinement of a student;

2.Alone in a room; and

3.From which the student is physically prevented from leaving.

Physical Restraint or Seclusion May Not Be

Used for These Purposes

1. Discipline;

2. Punishment; or

3. The convenience of staff.

WHEN May Restraint Be Used on a Student?

1. When the student’s behavior imposes a reasonable threat of imminent serious bodily injury to the student or others AND

2. When other less restrictive interventions would not be effective.

WHEN May Seclusion Be Used on a Student?

1. When the student’s behavior imposes a reasonable threat of imminent serious bodily injury to the student or others AND

2. When other less restrictive interventions would not be effective AND

3. When the school site has an approved safe room.

Serious Bodily Injury

“Serious bodily injury” means:

Any significant impairment of the physical

condition of a person, as determined by

qualified medical personnel, whether self-

inflicted or inflicted by someone else.

HOW LONG May Physical Restraint or Seclusion Be Used?

They may only be used as long as the

student’s behavior poses a reasonable

threat of imminent, serious bodily

injury to the student or others.

*Only schools with approved safe rooms may use seclusion.

WHO May Use Physical Restraint or Seclusion

with a Student?

1. Staff who have been trained to use physical restraint or seclusion with a training program approved by the District (Oregon Intervention System “OIS”); and

2. Untrained staff in an emergency circumstance due to the unforeseeable nature of the emergency. This includes teachers, administrators, school employees and school volunteers.

Activity

• A student is refusing to leave an area of the classroom and the teacher needs to use the space for another activity. Is it OK for the teacher to pick the student up and move them to another desirable location?

• A student is in the media center and is ripping posters off the wall and knocking over desks. There are no students or staff in close proximity. What should your staff do?

Emails, a Word of Caution

• Avoid using student names, initials, or ID numbers in emails as these can be used in discovery when an attorney or ALJ requests student records.

How to make your Special Education

Director mad…• Utilizing Instructional Assistants who are

paid by special education funds to cover all the school’s duty time.

• Suspending or expelling a student on an IEP or 504 for more than 10 days and not completing a Manifestation Determination.

• Expecting the Special Education department to pay for everything.

• Saying you are “done” with a student.

Honestly…

• Issues related to Special Education and 504 will at times take up to 50% or more of your school day.

• Asking for assistance and building a relationship with your special education department is essential for your success and the success of your teachers and students.

• We are all responsible for the success of Students with Disabilities.