IDEA and NCLBAccountability and Instruction for Students with Disabilities

SCDN Presentation 9/06Candace Shyer

IDEA and NCLB Connections

Responsibility Research Results

Its not only about special education….

Responsibility

IDEA 2004 Early intervening services are

available to students All children receive timely and

appropriate evaluations Children will not have to wait to fail

before receiving interventions Determinations of eligibility for

students with learning disabilities are based on research-based approaches

What are Early Intervening Services (EIS)?

For students not identified as needing special education services but who need additional academic and behavioral support to succeed in a general education environment

Grades K-12 (emphasis K-3)

What are EIS Activities? Professional development for teachers

and other school staff to enable such personnel to deliver scientifically-based academic and behavioral interventions

EIS includes: scientifically based literacy instruction providing educational and behavioral

evaluations, services, and supports where appropriate, instruction on the use

of adaptive and instructional software

What Funds Can be Used for EIS? A school district may not use more

than 15% of the amount it receives under Part B of IDEA in combination with other amounts can be aligned with activities funded

by, and carried out under the ESEA if those funds are used to supplement, and not supplant, funds

 

Required EIS in Case of Significant Disproportionality

In the case of a determination of significant disproportionality by a school district with respect to the identification of children as children with disabilities, or the placement in particular educational settings of these children…

The State must require any school district identified to reserve the maximum amount of funds under IDEA to provide comprehensive coordinated early intervening services to serve children in the district, particularly, but not exclusively, children in those groups that were significantly over identified

EIS Reporting Requirements

# children who received EIS # children who received EIS

later identified as needing special education

Eligibility for Special Education Student shall not be determined eligible for

special education if the determinant factor is lack of appropriate instruction in reading,

including explicit and systematic instruction in phonemic awareness, phonics, vocabulary development, reading fluency (including oral reading skills) and reading comprehension strategies;

lack of appropriate instruction in math; or limited English proficiency

Research

“research that involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to education activities and programs”

Determination of Learning Disabilities

State must adopt criteria Must not require use of a severe

discrepancy between ability and achievement

Must permit use of process based on child’s response to scientific, research-based interventions

May permit other alternative research-based procedures

School districts must use State criteria

What is Scientifically-Based Research?

IDEA defines scientifically based research as the meaning given in NCLB

Research that involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to education activities and programs; and includes research that meets specific criteria

Components of Response-to-Intervention

1. Research-based instruction Reading Early grades

2. Increasing levels of intervention

3. Ongoing assessments of how student responds

Determining Learning Disabilities (LD)

For a child suspected of having a specific learning disability, the documentation of the determination of eligibility must contain a statement of: whether the child has a specific learning disability the basis for making the determination the relevant behavior, if any, noted during the

observation of the child and the relationship of that behavior to the child’s academic functioning

the educationally relevant medical findings, if any

Determining LDs (con’t.) whether the child does not achieve

adequately for the child’s age or to meet State-approved grade-level standards and the child does not make sufficient progress to meet age or State-approved grade-level standards or

the child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade level standards or intellectual development;

Determining LDs (con’t.) the effects of a visual, hearing, or motor

disability; mental retardation; emotional disturbance; cultural factors; environmental or economic disadvantage; or limited English proficiency on the child’s achievement level and

if the child has participated in a process that assesses the child’s response to scientific, research-based intervention, the instructional strategies used and the student-centered data collected

Data to Review in LD Determination

To ensure that underachievement in a child suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or math: Data that demonstrate that prior to, or as a part of, the

referral process, the child was provided appropriate instruction in regular education settings, delivered by qualified personnel and

Data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of student progress during instruction, which was provided to the child’s parents

Accountability for Results Accountability for Results

NCLB and IDEAimproving educational results and functional outcomes for all children with disabilities…

Students with DisabilitiesParticipation in State Assessments

General assessment based on grade the student is in, or based on chronological age (which is

consistent with birth dates of non-disabled peers)- not assigned grade level (ungraded)

New York State Alternate Assessment (NYSAA) chronological age

NYSAA

Linked to grade level content standards

Changes in NYSAA administration format and timetable beginning this year

Measuring what matters…The State Performance Plan Graduation Drop Out State

Assessments Suspension LRE Parental

involvement

Timely evaluations and services

Disproportionality

Preschool results Post-school

results

Levels of Intervention

In need of assistance In need of intervention In need of substantial

intervention

Technical Assistance and Enforcement

1. Annual state targets for improvement2. Public reporting of results – State and

School Districts3. Identification of and intervention with

school districts for performance results4. Focused monitoring – effective

instructional practices5. Directed technical assistance to schools

Resources for Information NYSED VESID Special Educationhttp://www.vesid.nysed.gov/specialed/home.html

IDEA 2004http://idea.ed.gov