Transcript SPED 420 - Week 2 Special Education Law in Washington State

Washington
Special Education Law
Objectives
By the end of this section of the course you
should:
Understand the legal foundations for
special education including relevant
legislation, litigation, and vocabulary
Understand the referral process
Write a pre-referral
Begin to understand how students and
families cope with learning disabilities and
ADHD
Collect evidence of student performance in
relation to GLEs
Key Concepts / Vocabulary
IDEA
LRE
LEA
IEP
FAPE
AYP
504
ADA
Due Process
Inclusion
Mainstreaming
Nondiscriminatory evaluation
Zero reject
Noncompliance
Person first language
Eligibility determination
Purpose of Special Education WAC392-172A
1. Ensure that all students eligible for
Special Education have a free
appropriate public education (FAPE) that
emphasizes special education and
related services designed to meet their
unique needs and prepare them for
further education, employment, and
independent living.
2. Ensure student and parent rights are
protected.
3. Assess and ensure the effectiveness of
the IEP.
Key Federal Court Decisions
Brown v. Board of Education of Topeka (1954) “separate but equal” (i.e., segregation by race) is not
constitutional
Pennsylvania Association for Retarded Children v.
Commonwealth of Pennsylvania (PARC), 1971 “uneducable” or “untrainable” students can not be
excluded from public education
Mills v. Board of Education (1972) - a) broadens the
scope of PARC to included students with other
disabilities, b) all children of school age should be
provided with free and suitable public education, and
c) no exclusion due to insufficient funds
Hendrick Hudson Central School District
Board of Education v. Rowley (1982)
The Supreme Court stated that services provided to the child
must:
Be provided at public expense and under public
supervision
Meet the state educational standards
Comply with the child’s IEP
Confer educational benefit
IDEA does not require school districts to maximize a
student’s potential
The court posed two essential questions:
Did the school district follow all of the procedures in
IDEA?
Is the IEP reasonably calculated to enable a child to
receive educational benefit?
The Big Three - Disability Legislation
Individuals with Disabilities Education
Act (IDEA) - 2004
Section 504 - Rehabilitation act of
1973
Americans with Disabilities Act (ADA)
- 1990
Brief history of IDEA
Public Law 94-142, Education For All
Handicapped Children Act (1975). This law
was reauthorized and expanded as the
“Individuals with Disabilities Education Act”
(IDEA) in 1990.
Reauthorized again in 1997 & 2004
(P.L. 108-446).
Federal regulations for 2004
reauthorization were released August 14,
2006.
Major Tenants of IDEA
Applies to children ages 3 - 21
Zero reject - nonexclusionary education
FAPE - Free appropriate public education
LRE - Least restrictive environment
Nondiscriminatory evaluation
Due process
Transition planning
AYP - Adequate yearly progress
Advocacy
Confidentiality
Noncompliance - lawsuits
Person first language
Who is eligible for services
under IDEA?
Students who demonstrate the
characteristics of any of the previous
categories IF their disability adversely
impacts educational performance
and requires specialized instruction.
What if the disability does not affect
academic achievement?
Students are NOT eligible for services
under IDEA
They may receive services under
Section 504 of the Vocational
Rehabilitation Act (1973)
Section 504 covers many more
students than IDEA
Visual representation of school-aged populations
served under IDEA and Section 504
Students served under Section 504
Students served under IDEA
Student Need
Consider IDEA
Adverse affect
on educational
performance?
Consider 504
Not Eligible
No
No
Yes
Not Eligible
Disability
substantially
limits one or
more major
life activities
IDEA Eligible
504 Protected
IEP Developed
Related Services
FAPE
Placement Options
Reasonable
Accommodations
Major Tenants of Section 504
Prevents discrimination by any organization
receiving federal funds
Defines a handicapped person as “Any
person who has a physical or mental
impairment which substantially limits one or
more major life activities”
Students served under IDEA are also eligible
for 504
Both laws mandate FAPE
IDEA requires an individual education
program (IEP) while 504 requires schools to
demonstrate how services are being provided
Major Tenants of ADA (1990)
Maximize the employment potential of
individuals with disabilities.
Provide “reasonable accommodations” in
the workplace.
Employers may not ask if an individual has
a disability and may not discriminate
against persons who have a disability.
Colleges and universities must provide
appropriate modifications
Telecommunications must be accessible to
individuals who are deaf
Disability Categories in Washington
Developmentally Delayed
(age 3 - 8)
Emotional Behavioral
Disability
Speech or language
impairment
Orthopedically impairment
Other Health impaired
Specific learning disability
Mental retardation
Multiple disabilities
Hearing impairment /
Deafness
Visually impairment /
blindness
Deaf / blindness
Autism
Traumatic brain injury
Categorical Disability Distribution
U.S. Department of Education 2005
Specific Learning Disability
Speech or Language Impaired
Mental Retardation
Emotional Disturbance
Multiple Disabilities
Hearing Impairment
Orthopedic Impairment
Other Health Impairment
Autism
Visual Impairment
Traumatic Brain Injury
Developmental Delay
Deaf/Blindness
Nondiscriminatory Evaluation
Screening
All Students
Prereferral
Some Students
Referral
Nondiscriminatory
Evaluation Procedures
Students in need of special
Education and related services
IDEA Procedures
Pre-referral - consultation with instructional support team (IST)
Document current levels of student performance (academic,
social, & behavioral)
Implement academic supports - document results
Referral (identification)
Notice of procedural safeguards & due process rights
Parental consent
Evaluation
Eligibility determination (within 35 school days of parental
consent)
IEP development
Placement decision (LRE)
Annual review
Triennial reevaluation
Transition planning
Pre-referral
Build a trust relationship with the student and parents
Document student’s academic, social, and behavioral
performance levels using multiple quantitative and
qualitative measures
Document strategies / accommodations that have
been used with the student and their outcomes
Discuss the student with other teachers and the
instructional support team (IST) - Document results
Meet with parents / guardians - Document
conversations
Writing a pre-referral
Activity - Take 20 minutes and write a
referral for a student you have
concerns about. Be sure to include
the students current functional levels
in terms of academic, social, and
behavioral achievement. Remember
that all of the members of the IST will
see this document.
Your pre-referral should include:
1.
2.
3.
4.
5.
6.
7.
A statement that explicitly states your belief that
the child can be successful.
A paragraph describing pertinent information
about the child.
Information about the student’s current
academic, social, & emotional / behavioral
performance.
Quantitative (numbers-based) and qualitative
(observations, interviews, and artifacts)
evidence supporting your claims in #3.
Research-based instructional interventions that
you have tried with the student and their
outcomes.
Questions you would like addressed.
Refrain from diagnosing - report the facts in a
nonbiased manner.
Some Practical Tips
Keep all documentation confidential in a secure
location.
Type and carefully proofread all written materials.
Document all conversations and make a photocopy
of written correspondence.
Bring your notes, grades, and examples of the
student’s work to the IST & IEP meetings.
Discuss your participation at the meeting with the
special educator prior to the meeting.
Communicate regularly with parents - build
relationships.
Implement and document how you are following the
IEP.
Referral & Evaluation
Someone refers the student for evaluation
(usually the parent or teacher).
School has 25 school days from referral to
decide if they will evaluate.
Parent must consent to evaluation.
School must complete initial evaluation within
35 school days of parental consent.
The evaluation must be unbiased, reliable,
and provide meaningful information regarding
the student’s strengths, weaknesses, and
behavior.
Parent has the right to an independent
evaluation at public expense.
Evaluation Procedures
Review existing data on the student
including classroom-based, local, state
assessments, and classroom observations.
Use a variety of assessment tools and
strategies to gather relevant functional,
developmental, and academic information
about the student.
Provide assessments in the student’s
native language.
IEP Development - Who’s involved?
The student (when appropriate).
Local educational agency (LEA) - who will
oversee implementation of the child’s plan.
General classroom teachers (at least 1).
Special education teacher.
Therapist.
Parents.
Others at the discretion of the parents or LEA.
Evaluator if other than the special education
teacher.
Contents of the IEP
Child’s present levels of performance (e.g.,
educational, social, behavioral).
Specific measurable annual goals, objectives,
expected levels of performance, timelines.
Information regarding the students placement
and related services.
Modifications to the general education
curriculum.
Dates & times for delivery of services.
Means to assess AYP.
Transition plan (16 and up).
Continuum of Sped Services - LRE
Most Inclusive
General Education (Gen Ed) Curriculum
Gen Ed w/ consultative services
Gen Ed & instruction & services
Gen Ed & resource room
Full time Sped classroom
Most intensive
Special school
Special facilities,
day or
residential
Accommodations vs.
Modifications
Accommodations Defined
Are intended to reduce or eliminate
the effects of the student’s disability.
Do not reduce learning expectations.
Allow students to demonstrate
knowledge and skills through a
content area assessment and obtain
valid scores
From: 2008 Accommodations Guidelines for Students
With disabilities - OSPI (p. 5)
Types of Accommodations
Presentation - allow students to access
information in ways other than through
reading traditional print (e.g., text-tospeech software)
Response - allow students to a complete
assessments in different ways (e.g., using
a computer program that allows them to
organize their thoughts visually)
Setting - Change the location and
conditions (alternate room)
Time and schedule - increase available
time or how the assessment is organized
Modifications
Actually change what is assessed.
Validity and reliability of assessment
results must be questioned.
Examples include adjusting test
questions to reduce content demands
and provide scaffolding for the
student to identify each step that
should be taken to solve the problem
What should I do when a student is
struggling in my class?
Start a confidential file on a secure computer.
Describe the student in a one paragraph
narrative that concludes w/ your concerns.
Identify the student’s current levels of functional
performance in each of the following domains:
academic, social, emotional/behavioral - one
paragraph overview from IST pre-referral.
Begin to create a database so that you can chart
the student’s progress over time.
Identify and implement research-based
instructional strategies.
Build a relationship with the parents.
How to document student learning
Use the academic categories from the IEP.
Create three means of collecting evidence: 1) a
portfolio system, 2) a spread sheet with graphing
capabilities, and 3) a narrative that summarizes
the student’s performance using quantitative and
qualitative data.
REMEMBER - The purpose of this documentation is
to inform your instructional strategies and chart
student growth over time and across
interventions.
Research-based Instruction
Involves the application of rigorous,
systematic, and objective procedures to
obtain reliable and valid knowledge
relevant to educational activities.
Employs systematic empirical methods that
draw on observation or experiment.
Includes rigorous data analysis.
Is evaluated using experimental or quasiexperimental designs
Has been accepted by a peer reviewed
journal or approved by a panel of
independent experts.
Academic areas of focus
Listening
comprehension
Oral expression
Basic reading skills
(alphabetic
principle, decoding,
phonemic
awareness,
fluency, semantics)
Reading
comprehension
Basic writing skills
(handwriting,
spelling, grammar)
Written expression
Math computation
Math reasoning
Problem solving
Listening Comprehension
Sara is able to sustain her attention during
group activities for 15 - 20 minutes. She
follows three-step oral directions and is
able to recall at least five story elements
from orally read texts. She asks clarifying
questions, provides feedback pertinent to
the listening activity (e.g., I’ve seen my dog
chase cats too!), and responds to verbal
cues. Sara is meeting GLEs for listening
comprehension and is a joy to have in
class.
Sample Documentation
Oral Expression
Sara adjusts her language based on
the situation (e.g., when speaking with
friends vs. adults). She initiates
discussions and participates in group
activities (e.g., brainstorming). She is
able to articulate supporting details and
organize information into logical
sequences. She speaks clearly and
distinctly using developmentally
appropriate grammar, syntax, tone, and
inflection.
Sample Documentation
Basic Reading Skills
While Sara possesses strong listening
comprehension and oral expression skills, she
struggles with basic reading skills. For example,
during a Pre-Primer Subject Word List screening
using the Qualitative Reading Inventory- 4, Sara
scored in the 60th percentile or frustration level.
She was unable to automatically identify the
words “children”, “other”, “animal”, “place”,
“every”, “thing”, “write”, and “live”. Sara is often
unable to read words containing complex letter
patterns (e.g., -ought, -aught). She has difficulty
decoding multi-syllabic words (i.e., two and
three syllable). When prompted she is able to
use prefixes and suffixes to determine the
meaning of unfamiliar words 50% of the time.
Sample Documentation
Using data to inform instruction
90
85
80
75
70
65
60
55
50
45
40
Sara’s Reading Performance
Sight Words
Decoding
Fluency
Comprehension
Week Week Week Week Week Week
1
2
3
4
5
6
Intervention
You try it
In your grade level groups, split the
academic categories among the group and
document the student’s current levels of
academic performance. Remember to use
data to support your claims. Give examples
when possible. Each of you will also need
to create an artifact that demonstrates the
data you are presenting.
You can find the GLEs at:
http://www.k12.wa.us/Ealrs/
Helpful Websites
Tool kit on teaching and assessing students with disabilities
http://www.osepideasthatwork.org/toolkit/index.asp
Washington State Special Education
http://www.k12.wa.us/specialed/
IDEA 2004 News, Information and Resources
http://www.ed.gov/policy/speced/guid/idea/idea2004.html#tools
OSEP Sponsored Web Sites
http://www.ed.gov/parents/needs/speced/resources.html
Access Center Resources Main Page
http://www.k8accesscenter.org/training_resources/default.asp
CAST: NCAC
http://www.cast.org/policy/ncac/index.html
NICHCY Home
http://www.nichcy.org/
National Research Center on Learning Disabilities
http://nrcld.org/
PBIS Website
http://www.pbis.org/main.htm
PDA Center - Resources
http://depts.washington.edu/pdacent/resources.html
§ Schoollaw.info: Case Law §
http://home.earthlink.net/~jhholly/caselaw.html
LD Online
http://www.ldonline.org/indepth