Special Education Overview Original by Linda Gulbranson Revised by Eva Pohl BRIC Special Education...

Special Education Overview

Original by Linda Gulbranson Revised by Eva PohlBRIC Special Education Coordinator BRIC Sped CoordinatorAugust 29, 2007 September 1, 2009

The Top 10 Basics of The Top 10 Basics of Special EducationSpecial Education

IDEAIDEA

IIndividuals with ndividuals with DDisabilities isabilities EEducation ducation AActct

Our nation’s special education lawOur nation’s special education law

Federal Regulations

Federal Regulations

Minnesota Statutes

Minnesota Statutes

MinnesotaRules

MinnesotaRules

Acronyms DefinedAcronyms Defined

FFree ree AAppropriate ppropriate PPublic ublic EEducationducation

What States must make available What States must make available to all eligible children with disabilitiesto all eligible children with disabilities

FAPEFAPE

Steps:Steps:The Basics of Special The Basics of Special

Education Process under Education Process under IDEAIDEA

Step 1.Step 1. Child is identified as possibly needing special education and related services



Before a pupil is referred for Before a pupil is referred for special education assessment, the special education assessment, the district must conduct & document district must conduct & document at least two instructional strategies, at least two instructional strategies, alternatives, or interventions while alternatives, or interventions while the child is in the regular education the child is in the regular education classroom. The pupil’s teacher classroom. The pupil’s teacher must provide the documentation. must provide the documentation.

Minn.Stat. 125A.56(a)Minn.Stat. 125A.56(a)

Pre-referral Interventions

• Pre-referral interventions are planned, systematic efforts by regular education staff to resolve apparent learning or behavioral problems.

Why Pre-Referral?• Regular education is least

restrictive

• Every option available should be tried prior to referral

• Need strategies in place to deal with at risk students

• Students have unmet needs: 25% have unmet academic and behavioral needs; only half will qualify for special education services…This is the “Sea of Ineligibility”

Pre-referral Team: SST, TAT

• General education staff should have the support of the pre-referral team often called student support team (SST) or teacher assistance team (TAT).

• Besides the general education teacher seeking support, this team may be comprised of other general education teachers, the school-home interventionist, the principal, school psychologist, school social worker, special education teacher, and/or other specialists.

Parent Notification

General education staff has the responsibility of informing the parent prior to seeking the assistance of the SST or TAT team. It is critical that parents are involved early in the process so that trust with the staff and school district is developed and nurtured.

• The SST or TAT team needs to develop criteria and indicators to determine whether or not an intervention is successful. Data to be collected should include baseline data and the results of any progress made while the intervention was in process.



Step 1.Step 1. Child is identified as possibly needing special education and related services

Step 2.Step 2. Child is evaluated

Special Education Evaluation

• Parent Consent for evaluation• Conduct Comprehensive Evaluation

– Parent information– Evaluation results– Interpretation of results – Eligibility determination– Educational needs– Must be completed within 30 school days

(Minn. R. 3525.2550, subp.2)

13

Special Education Evaluation

Evaluation must provide data to verify that the student:

meets eligibility criteria components

and

demonstrates a need for special education services.



Step 3.Step 3. Eligibility is decided based on the information collected during the evaluation process.

Child has a disabilityIDEA

Child has a disabilityIDEA

Special Special EducatioEducatio

n n EligibilityEligibility

Child’s disability adversely affects his/her educational

performance

Child’s disability adversely affects his/her educational

performance

Child receives specializedInstruction

(Special Education)

Child receives specializedInstruction

(Special Education)

Does child need a related service to benefit from Specialized instruction

(Special Education)

Does child need a related service to benefit from Specialized instruction

(Special Education)

How much & what type of Related service does child

Need to benefit from Specialized instruction

How much & what type of Related service does child

Need to benefit from Specialized instruction

YES

YES

YES

YES

NO

NO

NO

Child is not eligibleFor

special education


special education


special education


special education

Minnesota Disability Categories

• Autism Spectrum Disorders (ASD)

• Deaf/Hard of Hearing (DHH)• Emotional or Behavioral

Disorders (E/BD)• Deaf-Blind• Developmental Cognitive

Disability (DCD:MM or DCD:MS)

• Specific Learning Disability (SLD)

• Other Health Disabilities (OHD)

• Severely Multiply Impaired• Speech or Language

Impairments (S/L)• Visually Impaired (VI)• Traumatic Brain Injury (TBI)• Developmental Delay

– Three through six

• Infant & Toddler Intervention Service

– Birth through two

• Physically Impaired (PI)• Developmental Adapted

Physical Education (DAPE)

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Step 3.Step 3. Eligibility is decided

Step 4.Step 4. Child is found eligible for services and is in need of special education services.

Yes



Step 5.Step 5. IEP meeting is scheduled

WWho must be include on the IEP Team?ho must be include on the IEP Team?

•The parents of the child.•Regular education teacher (not less than 1)•Team member licensed in a pupil’s disability•Licensed special education provider•District Representative•Student

Excusing a Member from Attending the Meeting

Being “excused”—New provisions in IDEA 2004!

• Parents and LEA must agree that the member’s attendance is not necessary

• Parents’ agreement (and the LEA’s) must be in writing

When a member of the IEP Team’s area is NOT being modified or discussed, the member may be excused from attending the meeting, in whole or in part, under two conditions:

Yes, if:

May a certain member of the IEP Team be excused if his or her subject area is going to be discussed?

Parent consent to excuse any member must be in writing

Parents and LEA consent to excuse the member

Member submits, in writing to the parent and the IEP Team, input into the development of the IEP before the meeting

Excusing a Member from Attending the Meeting



Step 6.Step 6. IEP meeting is held, and the IEP is written

IDEA’s Definition of IEPIDEA’s Definition of IEP

§300.22

§300

.320

— §

300.

324

Developing the IEP

The IEP Team The IEP Team must consider…must consider…

Strengths of the child Concerns of parents for

enhancing their child’s education

Results of the child’s initial evaluation (or most recent evaluation)

Academic, developmental, and functional needs of the child

IEP Components• Present Levels of Academic and Functional Performance (PLAFP)– How disability affects

involvement & progress in the general curriculum

• Annual goals & objectives• Special Education & Related

Services• Least Restrictive Environment

explanation• Adaptations in general & special

education– Supplemental aids & services– Program modifications – Assistive technology

• Behavioral Intervention Plans (if needed)

• Progress reporting 26



Step 7.Step 7. Services are provided

Implementing the IEPImplementing the IEP

As soon as possible following development of the IEP…

Special education and related services must be made available to the child in accordance with the child’s IEP

Implementing the IEPImplementing the IEP

All Service Providers Who Will Be Implementing the IEP…

• Must have access to the IEP

• Must be informed of their specific responsibilities

• Must be informed of specific accommodations, modifications, and supports to be provided to the child, in accordance with the IEP

Continuum of Services

30

Regular Education

Special Classes

Special Schools

Home Instruction

Institutions

All children have a right to continuum of

services and placements to meet

their individual needs.

Majority of students are served in the regular

classroom for all or part of the school day.

Not Based on:Not Based on:

ServiceAvailabilit

y

Disability

SpaceAvailability

CurriculumContent

InstructionalMethods

IEP PLACEMENTIEP PLACEMENT

School Organization

School Organization

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IN IDEA, OUR BUSINESS IS SPECIALLY DESIGNED

INSTRUCTION

SPECIALLY DESIGNED INSTRUCTION = SPECIAL

EDUCATION



Step 8.Step 8. Progress on IEP goals and objectives is measured and reported to parents at least as often as their mainstream peers receive progress.



Step 9.Step 9. IEP is reviewed annually

Step 10.Step 10. Child is reevaluated every three years

Role of General

Education Teacher

in IEP Process

Role of the Regular Education Teacher

• As member of IEP team, must participate in the development of the child’s IEP including the determination of:– Appropriate positive behavioral interventions

and supports and other strategies for the child– Supplementary aids and services, program

modifications, and support for school personnel

34 C.F.R. § 300.324(a)(3)

Minn. R. 3525.2810.subp.2(D)


• Development, review, revision of IEP– Present Levels of Performance

• K-12: a statement of how the child’s disability affects the child’s involvement and progress in general curriculum

– Expertise regarding the general curriculum and general education environment

• Determination of adaptations required to ensure access to general curriculum to maximum extent possible


• Increasing critical role (together with special education and related services personnel) in implementing program of FAPE for most children with disabilities as described in their IEPs.

IEP Meeting Do’s & Don’tsTips to avoid legal dispute

and stay out of hot water!

1. Avoid predetermination of placement• Do come to the meeting with

necessary information• A draft IEP is not prohibited• Consent should be obtained

after parent receives a written copy of proposed IEP

Possible Scenarios to avoid:•A teacher indicates during the meeting, “well, we’ve already met on that and decided…”•School personnel arrive at meeting with the IEP completed in full only to be signed by the parent

2. Avoid recommendations / decisions based upon the availability of services• Must be based upon the

individual student’s needs

Possible scenarios to avoid:•“But we always do it that way.”•“My schedule won’t allow for that.”•“But all our students get……”•“I wish we could offer ______ because he really needs it, but we don’t have that here.”•“We’ve never done that before and we’re not starting now.”•“My class doesn’t have those services.”

4) Avoid violations of Confidentiality• Be very careful to avoid

releasing confidential information to persons who do not have legitimate educational interest in knowing the information

3) Avoid recommendations / decisions based upon cost• The provision of special

education services can be costly

• Cost is generally not a defense for failure to offer services that are required to provide FAPE.

6. Avoid Being “Witherish”• IDEA requires that teachers engage in good faith,

reasonable efforts to implement the provisions of an IEP• Doe v. Withers – A jury returned a verdict in favor of parents of

an LD student against a high school teacher for $5000 in compensatory damages and $10,000 in punitive damages for a teacher’s refusal to provide their son oral testing as required by IEP.

5. Avoid diagnosing medical conditions or suggesting medication without the credentials to do so

Practical Tips for Helping Teachers Maintain Good Public Relations

and Avoid Disputes Maintain patience,

patience, patience Don’t make

decisions or take action “as a matter of principle”

Not getting personally involved, remain professional

Maintaining a sense of humor

ADAPTATIONS

Supplementary Aids and Service

Program Modifications and Supports

for School Personnel

Services & Adaptations on IEP

• Linked to disability & educational needs in evaluation

• Will be provided to the student to advance appropriately toward attaining annual goals, to be involved and progress in the general curriculum

Modifications / Accommodations

• Adaptations made in the curriculum, presentation method, or the environment to provide support for the individual student

Often the terms are used interchangeably but…

Accommodation - allows access

conditions which does not alter the validity, reliability, or rigor

Modification

• Adjustment that is significant enough to result in a change in the level of difficulty.

Adaptations

7 Key Questions• What is the objective of assignment?• Is the format the best way to teach concept?• What steps are required to complete assignment?• Are the students proficient in these steps?• If not, can materials be modified?• Should objective itself be modified or different

task?• Should assignment be deleted for student or entire

class?

Accommodations/Modifications

• Adapting Materials– Layout & Design– Directions– Content– Testing

• Adapting Objective– Must know vs. nice to know

Accommodations/Modifications

• Instruction Adaptations

• Grading Adaptations

• Behavior Adaptations

• Altered Assignments

• Delete From Curriculum– Educational value or time-filler?

• Environmental Adaptations

Every student can Every student can

learn,learn, just not on the same dayjust not on the same day

-- George Evans.

or the same way.or the same way.

Confidentiality

Mandated Reporting

Confidentiality

• Confidentiality must be maintained and protected– Federal laws, state regulations, and local policies

require maintaining confidentiality.• Family Education Rights and Privacy Law (FERPA)

• The rights of students to due process, dignity, privacy, and respect must be promoted

• Need to respect right to basic dignity for each student

Confidentiality

• Data concerning individual student programs are treated as sensitive and confidential

• Respect the confidentiality of information you receive about students with whom you work

Confidentiality

• Who may access written or oral information?– Personnel responsible for the design, preparation, and

delivery of education and related services

• Who should not have access?– Teachers, therapists or other school personnel and co-

workers not responsible for planning or providing services

Confidentiality

• What information do children and their families have the right to expect will be kept confidential?– Results of formal and informal assessments

– Social and behavioral actions

– Performance and level of progress

– Program goals and objectives

– All information about family relationships, financial status, and other personal matters.

Confidentiality

• Can be extremely difficult to maintain because often situations arise that are unexpected and appear harmless if information is shared

• Before giving information to anyone about a student ask yourself:– Is this person directly involved with the student’s

education?

– Will the student benefit if this person has the information?

Mandated Reporting

• Legal mandate for professionals and their delegates who work with children to report maltreatment of minors– Teachers, paras, school administrators, support staff (cooks, bus

drivers, janitors, others)

• When to report– If you know or have reason to believe that a child is currently

being abused or neglected or has been in the preceding three years

Mandated Reporting

• Who to report to:– Recommended procedure is to inform or

consult with supervisor and/or administrator prior to making report to appropriate officials directly.

– Check local county / school district for procedures

• May include: law enforcement or social services

Mandated Reporting

• You are responsible

• You are a mandated reporter 24 hours a day

• Reporter’s name is confidential

• Immune from Civil Liability when acting in good faith

• Failure to report: Misdemeanor

John F. Kennedy.

Let us think of education as the Let us think of education as the means of developing our greatest means of developing our greatest

abilities…abilities…

……because in each of usbecause in each of usthere is a private hope and dream there is a private hope and dream

which, fulfilled…which, fulfilled…

……can be translated can be translated into benefit for everyone.into benefit for everyone.

Special Education Overview Original by Linda Gulbranson Revised by Eva Pohl BRIC Special Education...

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