1. Washington Special Education Law

2. 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

3. 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

4. Purpose of Special Education - WAC392-172A
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.
Ensure student and parent rights are protected.
Assess and ensure the effectiveness of the IEP.

5. 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), “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
Specific language in Mills states a) “mentally retarded, emotionally disturbed, physically handicapped, hyperactive, and other children with behavioral problems”

6. Hendrick Hudson Central School District Board of Education v
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?
Amy Rowley was a first grade student in Peekskill, NY. She had an IQ of 122 and a substantial hearing impairment. Her parents went to due process advocating for a full time one-to-one interpreter because she was only processing 40% of the words spoken in class. Her parents argued that she needed the interpreter to achieve at a level commensurate with her potential. However she was outperforming her peers and the school district argued that the interpreter was not necessary because she was making progress in the general education curriculum. The case was appealed to the supreme court which refused to define the level at which a student needs to achieve to be making adequate progress. They emphasized the process of providing services over the product.

7. The Big Three - Disability Legislation
Individuals with Disabilities Education Act (IDEA)
Section Rehabilitation act of 1973
Americans with Disabilities Act (ADA)

8. Brief history of IDEA
Public Law , 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 ).
Federal regulations for 2004 reauthorization were released August 14, 2006.

9. 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
In Hendrick Hudson Central School District Board of Education v. Rowley the court stated that services provided to the child must:
Be provided at public expense

10. 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.

11. 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

12. Visual representation of school-aged populations
served under IDEA and Section 504
Students served under Section 504
Students served under IDEA
Notice that students served under IDEA are also eligible for services under Section 504. Because students served under IDEA have a disability that adversely affects their educational performance and requires specialized instruction, they receive educational supports and services that extend beyond the “plan” mandated under 504 and include an “Individualized Education Program (IEP)”.

13. No Yes Student Need Consider IDEA Consider 504 Not Eligible
Adverse affect on educational performance?
Yes
IDEA Eligible
IEP Developed
Related Services
Placement Options
Consider 504
Not Eligible No
Disability substantially limits one or more major life activities
504 Protected
Reasonable Accommodations
FAPE
IDEA Flow Chart

14. 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
Physical impairment means (a) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs: respiratory, including speech and lymphatic; skin; and endocrine; or (b) any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. Major life activities include, but are not limited to: self-care, manual tasks, walking, seeing, speaking, sitting, thinking, learning, breathing, concentrating, interacting with others, and working. This may include individuals with AD/HD, dyslexia, cancer, diabetes, severe allergies, chronic asthma, Tourette’s Syndrome, digestive disorders, cardiovascular disorders, depression, conduct disorder, oppositional defiant disorder, HIV/AIDS, behavior disorders, temporary disabilities (e.g., broken writing arm, broken leg, etc.). Students who are currently using illegal drugs or alcohol are not covered or eligible under Section 504.
Major life activities include functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
Examples of students served under 504 include those with: asthma, diabetes, allergies, ADD, etc.

15. 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

16. 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

17. Categorical Disability Distribution
U.S. Department of Education 2005
SLD = 47.4% or 2,858,260
Speech = 18.7% or 1,127,551
Mental Retardation = 9.6% or 581,706
Emotional Disturbance = 8.0% or 483,805
Other Health Impairment = 7.5% or 452,045
Multiple Disabilities = 2.2% or 132,333
Autism = 2.3% or 140,920
Visual Impairment = 0.43% or 25,814
Traumatic Brain Injury = 0.37% or 22,534
Developmental Delay = 1.09% or 65,921
Hearing Impairment = 1.2% or 71,903
Orthopedic Impairment = 1.1% or 68,188
Deaf/Blindness = 0.03% or 1,667

18. Nondiscriminatory Evaluation
All Students
Screening
Prereferral
Some Students
Referral
Nondiscriminatory
Evaluation Procedures
Students in need of special
Education and related services

19. 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

20. 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

21. 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.

22. Your pre-referral should include:
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.

23. 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.

24. 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.

25. 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.

26. 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.

27. 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).

28. 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
Special school
Special facilities, day or residential
Students most be educated to the greatest extent possible with their non-disabled peers in general education classrooms.
Most intensive

29. Accommodations vs. Modifications

30. 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)

31. Types of Accommodations
Presentation - allow students to access information in ways other than through reading traditional print (e.g., text-to-speech 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

32. 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

33. 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.

34. 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.

35. 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 quasi-experimental designs
Has been accepted by a peer reviewed journal or approved by a panel of independent experts.

36. 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

37. Listening Comprehension
Sara is able to sustain her attention during group activities for 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

38. 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

39. 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

40. Using data to inform instruction
Sara’s Reading Performance
Intervention = 20 minutes of small group reading instruction in phonemic awareness and sight word identification 5x per week. Peer reading 15 minutes each morning.
Intervention

41. 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:

42. Helpful Websites
Tool kit on teaching and assessing students with disabilities
Washington State Special Education
IDEA 2004 News, Information and Resources
OSEP Sponsored Web Sites
Access Center Resources Main Page
CAST: NCAC
NICHCY Home
National Research Center on Learning Disabilities
PBIS Website
PDA Center - Resources
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LD Online