Transcript Laws, ARD Meetings and Transition Assessment

Laws, ARD Meetings and
Transition Assessment - What do
CTE teachers need to know?
Lakshmi Mahadevan
Program Coordinator – CTSP
Center
Reviewed May 2008
Learning Objectives
Introduce two instructional modules of
knowledge based on needs assessments
Content overview of legal module – IDEA
ADA and ARD
Content overview of transition assessment
module
Issue
 According to the TEA website, over 900000
Texas high school students are enrolled in
career and technology education (CTE) classes
as of the year 2006.
 TEA data also confirm that over 25% of the more
than 500,000 special education students in
Texas go through career and technology classes
every year.
Serving Students with Special Needs
 The purpose of CTE programs is to enable
students to gain entry-level employment in a highskill, high-wage job and/or to continue their
education.
 Given this, students with special needs are often
placed in CTE classes to give them the best
chance of gainful employment or moving on to
higher education.
 While CTE programs have demonstrated a great
deal of success in achieving post-secondary goals
for their students, teachers continue to face
difficulties in adequately serving students with
special needs due to inexperience and training in
the area of special education.
CTE Special Population
Needs Assessment
 CTE teachers and subject matter experts
were asked what their educational needs
were in working with special populations.
 The educational issues that rose to the top
were in four critical areas:
1.
2.
3.
4.
Legal Issues
Transition Assessment
Instructional Strategies
Classroom and Behavior Management
Best Practices
in Legal Issues
 Objective: Acquaint CTE teachers with six
laws affecting all those serving students with
special needs.
Individuals with Disabilities Education Act (IDEA)
Americans with Disabilities Act (ADA)
Carl D Perkins Career and Technical Education
Improvement Act
Vocational Rehabilitation Act (consists of Section
504)
Family Educational and Privacy Rights Act (FERPA)
Elementary and Secondary Education Act (Now No
Child left Behind)
Individuals With Disabilities Education
Act (IDEA)
An education act to provide federal
financial assistance to State and local
education agencies to guarantee special
education and related services to eligible
children with disabilities.
Who Is Protected?
 Children ages 3-21 who are determined by a
multidisciplinary team to be eligible within one or
more of 13 specific categories of disability and
who need special education and related
services.
 Categories include autism, deafness, deafblindness, hearing impairments, mental
retardation, multiple disabilities, orthopedic
impairments, other health impairments, serious
emotional disturbance, specific learning
disabilities, speech or language impairments,
traumatic brain injury, and visual impairment.
Free and Appropriate Education (FAPE)
 This principle assures that all children with
disabilities are entitled to an educational
experience that mirrors that of children without
disabilities. The expenses that support this
experience is the responsibility of the public.
 “What is ‘appropriate’ is determined by a
committee composed of school personnel, family
members and , when appropriate, the student.
 This committee is often referred to as the IEP
(Individual Education Program) committee, but in
Texas we call it the ARD (Admit, Review,
Dismiss) committee.
 The committee ensures that the student's FAPE
reflects what is age-appropriate.
Least Restrictive Environment (LRE)
 This principle states that a student with
disabilities shall be educated with students
without disabilities to the maximum extent
possible.
 Segregated settings should only be chosen
when less restrictive options are not beneficial.
 The ‘law’ never mentions the words "inclusion"
or "mainstreaming" but certainly LRE is a major
tenet of it's purpose.
Individualized Education Plan (IEP)
 An IEP is a document that is developed by a
team that establishes educational practices
based on meaningful assessment.
 It determines how the student will participate in
the regular education environment and the
related services and/or accommodations that a
student might benefit from (assistive technology,
extended time with assignments, etc.).
 It also states how the student will participate in
statewide assessments.
Appropriate Assessment
IDEA calls for assessment from a
multidisciplinary group and the
employment of a variety of assessment
instruments or techniques.
Valid and reliable tests, including informal
assessment such as student, teacher, and
parent interviews and checklists, are
essential for FAPE to be obtained.
Due Process
 Due process means that parents and students, as well
as school personnel, are informed about every aspect of
the student's educational experience.
 Procedural safeguards guarantee that parents are
notified and asked for permission to assess, place, and
educate their children in any way that differs from a child
without disabilities.
 If, however, after all these processes are completed and
one party is not satisfied, there are very specific
procedures to follow that will assure that mediation is
available, and/or a fair and unbiased hearing can take
place so that a mutually agreed upon resolution can
occur. If that does not happen then there are further
procedures that will show the families how to access the
courts.
Additional Resources
IDEIA 2004 Overview:
http://www.pde.state.pa.us/special_edu/lib/
special_edu/IDEIA0305%5B1%5D.ppt
Individuals with Disabilities Education
Improvement Act 2004:
http://www.vesid.nysed.gov/specialed/idea
/home.html
CTSP Center External Links Page
Americans with Disabilities Act
A civil rights law to prohibit discrimination
solely on the basis of disability in
employment, public services, and
accommodations.
Who Is Protected?
Any individual with a disability who: (1) has
a physical or mental impairment that
substantially limits one or more life
activities; or (2) has a record of such an
impairment; or (3) is regarded as having
such an impairment. Further, the person
must be qualified for the program, service,
or job.
Title I: Employment
 The purpose of Title I is to ensure that qualified
individuals with disabilities are protected from
discrimination on the basis of disability.
 As long as the individual is qualified for an
employment opportunity, s/he cannot be denied
that opportunity simply because s/he has a
disability, and must therefore be given the same
consideration for employment that individuals
without disabilities are given.
Title II: Public Services
 The purpose of Title II is to prohibit discrimination on the
basis of disability in all services, programs, and activities
provided or made available by local or state
governments and their affiliate agencies.
 This is regardless of A) whether they receive federal
funding, and B) how many employees they have (i.e.,
state or government agencies with fewer than 15
employees are required to follow the ADA). Examples of
public services covered by the ADA include:
 public bus service
 government meetings
 public schools and universities
 recreation and state parks.
Title III: Public Accommodation
 This section of the ADA specifies that no individual shall
be discriminated against on the basis of disability in the
full and equal enjoyment of public accommodations.
 Title III mandates the accessibility of all services, even
those privately owned, and requires that all new places
of public accommodation and commercial facilities be
designed and constructed so as to be readily accessible
to and usable by persons with disabilities .
 Examples of "public accommodations" include:
 Public gathering places (restaurants, bars, movie theaters, etc.)
 Places of lodging (hotels, motels, inns)
 Retail stores
 Social service centers
Title IV: Telecommunications
 Title IV requires that telephone companies
provide telecommunication relay services.
 The relay services must provide speechimpaired or hearing-impaired individuals who
use TDD's (Telecommunication Device for the
Deaf) or other non-voice terminal devices
opportunities for communication that are
equivalent to those provided to other customers.
 Also covered under ADA Title IV are Closed
Captioning services; namely, televisions 13
inches or more in size must have closed
captioning capabilities.
Title V: Miscellaneous Provisions
 As its name implies, this section of the ADA contains
supplemental regulations that are not explicitly covered in other
parts of the ADA. These topics include (but are not limited to):
 State Immunity: By explicitly stating that states cannot claim
immunity from ADA-related legal action, the ADA insures that
individuals with disabilities maintain their right to sue any state
agency in violation of ADA provisions. An individual can sue the
state to make that state comply with the ADA but no damages
will be awarded. However, the federal government can sue the
state and financial penalties can be assessed
 Retaliation: This provision protects individuals with disabilities
who successfully sue a company, government agency, or other
entity subject to ADA regulation. They are prohibited from
threatening, intimidating, coercing, or harassing anyone
involved in a successful lawsuit, including those who may have
testified on the disabled individual's behalf.
Title V: Miscellaneous Provisions
cont’d
 Attorney's Fees: In addition to damages, individuals with
disabilities, under the discretion of the judge, can have their
attorney's fees awarded as part of the settlement of a
successful lawsuit under the ADA.
 Coverage of Congress: Until recently, Congress invoked the
right of adhering to Section 504 (1973 Rehabilitation Act)
guidelines rather than adopt the new ADA
guidelines. Presently, only the Executive Branch of the federal
government uses the 1973 law; both the Judicial and
Legislative branches of the federal government are covered by
the ADA.
 Other Federal & State Laws: Any other state or federal laws
addressing individuals with disabilities can be used under the
umbrella of the ADA. This way, if a federal or state law is
developed that is stronger than the provisions outlined in the
ADA, these new, stricter regulations can be incorporated into
the existing ADA legislation to provide the maximum protection
for individuals with disabilities.
Additional Resources
ADA in Texas:
http://www.adaptiveaccess.com/guidelines
.php
The ADA Q & A Series:
http://www.pacer.org/pride/pride.htm
CTSP Center External Links Page
Section 504
A civil rights law to prohibit discrimination
on the basis of disability in programs and
activities, public and private, that receive
federal financial assistance.
Who is protected?
Any person who (1) has a physical or
mental impairment that substantially limits
one or more major life activities, (2) has a
record of such an impairment or (3) is
regarded as having such an impairment.
Major life activities include walking,
seeing, hearing, speaking, breathing,
learning, working, caring for oneself, and
performing manual tasks.
Principles
Does not require that a child need special
education to qualify. Note: Students who
are ineligible for services or are no longer
entitled to services under IDEA (e.g., kids
with LD who no longer meet IDEA
eligibility criteria) may be entitled to
accommodations under Section 504
Principles cont’d
 Does not require an IEP, but does require a
plan.
 "Appropriate" means an education comparable
to the education provided to those students who
are not disabled.
 Placement is usually in a general education
classroom. Children can receive specialized
instruction, related services, or accommodations
within the general education classroom.
 Provides related services, if needed.
Additional Resources
Differences between IDEA and Section
504: http://www.ldonline.org/article/6086
Section 504 Resources:
http://www.504idea.org/504resources.html
Carl D. Perkins Career and Technical
Education Improvement Act of 2006
Uses the term “career and technical
education” instead of “vocational
education.”
Maintains the Tech Prep program as a
separate federal funding within the
legislation.
Maintains State administrative funding at 5
percent of a state’s allocation.
Purpose of Perkins IV
 The purpose of this Act is to develop more fully the
academic and career and technical skills of secondary
and postsecondary education students who elect to
enroll in career and technical education programs, by . . .
 Building on the efforts of States to develop challenging academic
and technical standards and to assist students in meeting such
standards, including preparation for high skill, high wage, or high
demand occupations in current or emerging professions;
 Promoting the development of services and activities that
integrate rigorous and challenging academic and career and
technical instruction, and that link secondary education and
postsecondary education for participating career and technical
education students;
Purpose cont’d
Increasing State and local flexibility in providing
services and activities designed to develop,
implement, and improve career and technical
education, including tech prep education;
Providing technical assistance that
Promotes leadership, initial preparation, and
professional development at the State and local
levels; and
Improves the quality of career and technical
education teachers, faculty, administrators and
counselors; and
Purpose cont’d
Supporting partnerships among secondary
schools, postsecondary institutions,
baccalaureate degree granting institutions, area
career and technical education schools, local
workforce investment boards, business and
industry, and intermediaries.
Perkins IV - Career and Technical
Education- Definition
 The term “career and technical education”
means organized educational activities that
Offers a sequence of courses which –
 Provides individuals with coherent and rigorous content
aligned with challenging academic standards and relevant
technical knowledge and skills needed to prepare for
further education and careers in current or emerging
professions;
 Provides technical skill proficiency, an industry-recognized
credential, a certificate, or an associate degree; and
 May include prerequisite courses (other than a remedial
course) that meets the above requirements; and
CTE Definition cont’d
Offers a sequence of courses which –
Includes competency-based applied learning that
contributes to the academic knowledge, higher-order
reasoning and problem-solving skills, work attitudes,
general employability skills, technical skills, and
occupation-specific skills, and knowledge of all
aspects of an industry, including individual
entrepreneurship.
Perkins IV—Programs of Study
 Incorporate and align secondary and
postsecondary education
 Include academic & CTE content in a
coordinated, non-duplicated progression of
courses
 May include the opportunity for secondary
students to acquire postsecondary credits
 Lead to an industry-recognized credential or
certificate at the postsecondary level, or an
associate or baccalaureate degree
Programs of Study cont’d
Identify and address current or emerging
occupational opportunities
Build on Tech Prep, career clusters,
career pathways, career academies
Locals must offer the required courses of
at least one Program of Study (and can
offer more)
ARD Meetings
 Attend the ARD meetings - Commissioner's
Rules: “The ARD committee shall include a representative from
career and technology education, preferably the teacher, when
considering initial or continued placement of a student in career and
technology education.” 19 TAC Sub-Chapter BB
Ask the committee members key questions.
Be aware that such issues as instructional aide can be
provided for at the meeting.
Consider signing the IEP document on the back if you
are not satisfied about the program or are concerned
with your lack of acquaintance with the child.
Key Questions to ask ARD Committees
1. What disability category qualified the student
for Special Education services?
2. Within that category is the student considered
mild, moderate, severe or profoundly affected?
3. How does this disability affect the student’s:
a. academic performance (reading , writing, calculation)?
b. behavioral performance (defiant, respect for others,
noncompliant)?
c. functional performance (following directions,
communication)?
Key Questions cont’d
4. What student interest/aptitude measure was
used to match him or her to my course?
5. What related services will be available to assist
the student in order to make progress in my
class and to, therefore, receive a free and
appropriate education?
6. What documentation would you advise that I
keep and how often should I keep it so that it
will be helpful in our next meeting and to
assure FAPE?
7. When is the next meeting scheduled to
"review" the progress?
Transition Assessment
Objective: Acquaint CTE teachers with
the components of transition
assessment and methods to match
program competencies with student
ability.
Importance of transition plan at the age
of 16 as required by IDEA.
Formal Assessment
 Formal Assessment – standardized, commercially
available assessments administered, scored and
interpreted by a school psychologist.
 Aptitude test – designed to measure a student’s potential
for success in an area of study with the key objective of
helping the student and the IEP team to match the
student’s natural or acquired abilities with career
choices.
 Interest inventory – measures a student’s interest across
basic themes and then compares those interests across
various occupations. Results will tell the students how
their interest patterns match those of other individuals in
specific occupations.
Points to Consider
Not all commercially available instruments
are normed for students with disabilities.
Results can be inaccurate because of
student anxiety, motivation or other
factors.
For a more comprehensive picture of the
students’ transition status thorough
informal assessments must be combined
with formal methods.
Informal assessment
 Informal assessment can take place in classrooms, the
workplace and unstructured settings.
 Methods include
 Interview with the family, the students, former employers and
others who have significant experience with the student.
 Classroom or workplace observations.
 Tryouts, where the student has opportunities for hands-on
experience on the job or in the CTE lab.
 Reviews of
 achievement and behavior records in school.
 past assessment results.
 medical records.
 teacher-made test results (standards-based tests that measure
how well the student is able to perform specific tasks within a
course of study)
Measure additional skills
 Employability skills – employability skills scales measure
 Basic oral, reading, math and writing skills
 Higher order thinking skills such as problem solving and decisionmaking.
 Affective skills such as dependability, attitude, conscientiousness,
punctuality, interpersonal skills, self-confidence, appropriate dress and
grooming, honesty and integrity.
 Adaptive behavior – adaptive behavior skills’ assessments measure
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Receptive
Expressive
Written communication
Daily living skills
Interpersonal relationships
Coping skills, and
Motor skills
Appropriate Placement
 To ensure appropriate placement in your
classes:
Attend the ARD/IEP meeting
Carry a detailed program description
Consider preparing a Basic Skills Inventory
Checklist
Successful Exit
 Create Exit Points -An exit point represents achievement
of a group of standards that prepared the completer for
realistic and available opportunities that include:
 Continuation to additional training within your program, or
 Transition into another secondary, post secondary school
program and/or employment.
 Use a Comprehensive Program Skills Inventory
 Your inventory should represent:
 Standards appropriate for tech prep and other postsecondary
articulations.
 Your role in TAKS skill development as specified or expected by
your school, and,
 Local industry validated competencies