Presentation on theme: "SPECIAL EDUCATION AND THE NEW IEP Denise Khatri, Sandy Lenon, Phyllis Rochester Division of Students with Disabilities and English Language Learners July."— Presentation transcript:
SPECIAL EDUCATION AND THE NEW IEP Denise Khatri, Sandy Lenon, Phyllis Rochester Division of Students with Disabilities and English Language Learners July 19, 2011
Reflections… What are your earliest memories of, or experiences with people with disabilities? What messages did the people around you (parents, teachers, friends) pass on to you about people with disabilities?
One last thought…. As an adult, what impressions, thoughts, feelings, or beliefs do you have about people with disabilities? How have they changed or stayed the same over time? Reflections…
Disabilities BACKGROUNDWHAT I KNOW WHAT I WANT TO KNOW WHAT I’VE LEARNED NEW QUESTIONS I HAVE
Agenda Welcome Reflections Special Education Law and Regulations Myths and Facts about Students with Disabilities Categories of Disabilities Response to Intervention Special Education Process The New IEP Scenario Closing Activity
SECTION 504 IDEA NCLB ADA NYS Part 200 Regulations Laws Impacting Students With Disabilities http://www.p12.nysed.gov/specialed/lawsregs/part200.htm
Laws Regarding Students With Disabilities SECTION 504 of the REHABILITATION ACT of 1973
Section 504 –Civil Rights Law for People with Disabilities Section 504 of the Rehabilitation Act of 1973 is a civil rights law designed to eliminate discrimination on the basis of disability in any program or activity receiving Federal financial assistance. Section 504 guarantees certain rights to individuals with disabilities, including the right to full participation and access to a free and appropriate public education (FAPE) to all children regardless of the nature or severity of the disability. Specifically, 34 C.F.R.§104 states: "No otherwise qualified individual with a disability in the United States... shall, solely by reason of her or his disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance."
Individuals with Disabilities Education Act 2004
The Individuals with Disabilities Education Act (IDEA) is a United States federal law that governs how states and public agencies provide early intervention, special education, and related services to children with disabilities. It addresses the educational needs of children with disabilities from birth to age 21. In defining the purpose of special education, IDEA 2004 clarifies Congress’ intended outcome for each child with a disability: students must be provided a Free Appropriate Public Education (FAPE) that prepares them for further education, employment and independent living.
Free Appropriate Public Education §300.101 A free appropriate public education must be available to all children residing in the State between the ages of 3 and 21, inclusive, including children with disabilities who have been suspended or expelled from school. Individuals with Disabilities Education Act (IDEA) 2004 §300.114 LRE requirements … to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled, and special classes, separate schooling, or other removal of children with disabilities from the regular education environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.
The purpose of this act is to ensure that all children have a fair, equal, and significant opportunity to obtain a high- quality education and reach, at a minimum, proficiency on challenging State academic achievement standards and state academic assessments… …holding schools, local educational agencies, and States accountable for improving the academic achievement of all students,… No Child Left Behind Act 2001
Americans with Disabilities Act of 1990 ADA is a law that was enacted by the U.S. Congress in 1990. It was signed into law on July 26, 1990, by President George H. W. Bush, and later amended with changes effective January 1, 2009. The ADA is a wide-ranging civil rights law that prohibits, under certain circumstances, discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964, which made discrimination based on race, religion, sex, national origin, and other characteristics illegal.
NYS Regulations of the Commissioner of Education State Regulations relating to students with disabilities http://www.p12.nysed.gov/specialed/lawsregs/part200.htm
NYSED/IDEA Part B State Performance Plan 2005 - 2010 Indicator 1: Graduation Rates Indicator 2: Drop-Out Rates Indicator 3: Statewide Assessments Indicator 4: Suspension/Expulsion Indicator 5: Least Restrictive Environment – School Age Indicator 6: Least Restrictive Environment – Preschool Indicator 7: Preschool Outcomes Indicator 8: Parental Involvement Indicator 9: Disproportionality in Special Education by Race/Ethnicity Indicator 10: Disproportionality in Classification/Placement by Race/Ethnicity Indicator 11: Child Find Indicator 12: Early Childhood Transition Indicator 13: Secondary Transition Indicator 14: Post School Outcomes Indicator 15: Identifies and Corrects Noncompliance
Myths and Facts About Students with Disabilities
Inclusion jeopardizes the education of the “other” students. Segregating students with disabilities has been effective. Don’t go into special education. It’s being phased out because of inclusion. It is unfair to require children with disabilities to take those tests. It will endanger their already fragile self- esteem and increase the likelihood that they will drop our of school. School accommodations, and individual education plans give students with learning disabilities an unfair advantage. Myths and Facts About Students with Disabilities
What is a Disability? There are 13 specific primary terms included in IDEA under the lead definition of “child with a disability." These federal terms and definitions guide how States define disability and who is eligible for a free appropriate public education under special education law.
What is a Disability? Continued… In order to fully meet the definition (and eligibility for special education and related services) as a “child with a disability,” a child’s educational performance must be adversely affected due to the disability.
Considering the Meaning of “Adversely Affects” “Adversely affects educational performance” appears in most of the disability definitions. This does not mean, however, that a child has to be failing in school to receive special education and related services. According to IDEA, states must make a free appropriate public education available to “any individual child with a disability who needs special education and related services, even if the child has not failed or been retained in a course or grade, and is advancing from grade to grade.” [§300.101(c)(1)]
Definitions of Disability Categories as Defined in NYS Regulations 200.1 (zz) Autism Deafness Deaf-Blindness Emotional Disturbance Hearing Impairments Learning Disability Intellectual Disability Multiple Disabilities
Orthopedic Impairment Other Health- Impairment Speech or Language Impairment Traumatic Brain Injury Visual Impairment (including Blindness) Definitions of Disability Categories as Defined in NYS Regulations 200.1 (zz)
Who Are Our Students with Disabilities in NYC Schools? During the 2010-11 school year, approximately 164,650 students in the New York City public schools received special education services, making up 6.34% of the total student population.
Who Are Our Students with Disabilities in NYC Schools?
CPSE/CSE PROCESS 1. Before the meeting 2. Referral Evaluation 3. Eligibility Eligibility 4. IEP Development At the meeting 5. Implementation 6. Annual Review/Reevaluation After the meeting
What is Autism? …means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three, that adversely affects a child’s educational performance.adversely affects There are five disorders classified under the umbrella category officially known as Pervasive Developmental Disorders, or PDD: Autism; Asperger syndrome; Rett syndrome; Childhood disintegrative disorder; and Pervasive Developmental Disorder Not Otherwise Specified (often referred to as PDDNOS).
Characteristics of Students with Autism Other characteristics often associated with autism are engaging in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. A child who shows the characteristics of autism after age 3 could be diagnosed as having autism if the criteria above are satisfied.
What is a Learning Disability? …means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which manifests itself in an imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations. The term includes such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia and developmental aphasia.
may have trouble learning the alphabet, rhyming words, or connecting letters to their sounds; may make many mistakes when reading aloud, and repeat and pause often; may not understand what he or she reads; may have real trouble with spelling; may have very messy handwriting or hold a pencil awkwardly; may struggle to express ideas in writing; may learn language late and have a limited vocabulary; may have trouble remembering the sounds that letters make or hearing slight differences between words; Characteristics of Students with Learning Disabilities
may have trouble following directions; may mispronounce words or use a wrong word that sounds similar; may have trouble organizing what he or she wants to say or not be able to think of the word he or she needs for writing or conversation; may not follow the social rules of conversation, such as taking turns, and may stand too close to the listener; may confuse math symbols and misread numbers; or may not be able to retell a story in order (what happened first, second, third). Characteristics of Students with Learning Disabilities
What is Emotional Disturbance? …means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child’s educational performance: (a) An inability to learn that cannot be explained by intellectual, sensory, or health factors. (b) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers. (c) Inappropriate types of behavior or feelings under normal circumstances. (d) A general pervasive mood of unhappiness or depression. (e) A tendency to develop physical symptoms or fears associated with personal or school problems. The term includes schizophrenia. The term does not apply to children who are socially maladjusted, unless it is determined that they have an emotional disturbance.
Some of the characteristics and behaviors seen in children who have an emotional disturbance include: Hyperactivity (short attention span, impulsiveness); Aggression or self-injurious behavior (acting out, fighting); Withdrawal (not interacting socially with others, excessive fear or anxiety); Immaturity (inappropriate crying, temper tantrums, poor coping skills); and Learning difficulties (academically performing below grade level). Children with the most serious emotional disturbances may exhibit distorted thinking, excessive anxiety, bizarre motor acts, and abnormal mood swings. Many children who do not have emotional disturbance may display some of these same behaviors at various times during their development. However, when children have an emotional disturbance, these behaviors continue over long periods of time. Their behavior signals that they are not coping with their environment or peers. Characteristics of Students with Emotional Disturbance
1-5% 5-10% 80-90% % Tier III Interventions Individual Students High Intensity Intensive Individual Interventions Individual Students Intense, durable procedures Wraparound Plans Tier II Interventions Some students (at-risk) High efficiency Rapid response Group Interventions Some students (at-risk) High efficiency Rapid response Tier I Interventions All students Preventive, proactive All Academic Areas Universal Interventions All settings,all students Preventive, proactive School-wide Programming Designing School-Wide Systems for Student Success Academic Systems Behavioral Systems 5-10% 80-90% 35
CPSE/CSE PROCESS 1. Before the meeting 2. Referral Evaluation 3. Eligibility Eligibility 4. IEP Development At the meeting 5. Implementation 6. Annual Review/Reevaluation After the meeting
The IEP is the Cornerstone of the Special Education Process Identifies how the student will be prepared for adult living Identifies how the resources of the school need to be configured to support the student’s needs Provides an accountability tool Guides the provision of instruction designed to meet a student’s needs Ensures a strategic and coordinated approach to address a student’s needs Supports participation in the general education curriculum and learning standards IEP The IEP is a strategic planning document that should be far reaching in its impact. An IEP identifies a student’s unique needs and how a school will strategically address those needs. 37 New York City Department of Education | Special Education Student Information System
NYC Summary - Student Information 38 1) Present Level Of Performance 9) Participation in State Assessments, and with Students without Disabilities 8) Coordinated Set of Transition Activities 2) Measurable Post Secondary Goals and Transition Needs 7) Testing Accommodations 6) 12 month Services (if needed) 5) Programs and Services–Modifications & Supports 4) Reporting progress to parents 3) Annual Goals, Objectives / Benchmarks (if needed) 10) Special Transportation 11) Placement Sections of the IEP New York City Department of Education | Special Education Student Information System
Individualized Education Program (IEP) Federal law: IDEA - Section 614(d)(1)(A)(i) “In general - The term ‘individualized education program’ or ‘IEP’ means a written statement for each child with a disability that is developed, reviewed, and revised in accordance with this section and that includes…” NYS regulations: Section 200.4(d)(2) “If a student has been determined to be eligible for special education services, the Committee shall develop an IEP. …”
A student’s IEP: Is a legal document Is an Individualized Education Program Identifies the disabilities Identifies students strengths and weaknesses Identifies the Special Education program and/or services Documents the necessary accommodations and supports Provides opportunities for involvement with non-disabled peers as appropriate Individualized Education Program (IEP)
Special Education Services in NYC Address Special Education Law (IDEA) which entitles all students to an education aligned with their individual needs in the least restrictive environment (LRE) as appropriate Ensure that special education is a service, not a place Provide a broad range of services and supports for all students with disabilities Require schools to provide intervention in academic and social/emotional areas in general education prior to a referral for special education services
§300.101 Free Appropriate Public Education …must be available to all children residing in the State between the ages of 3 and 21, I inclusive, including children with disabilities who have been suspended or expelled from school. §300.114 Least Restrictive Environment … to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled, and special classes, separate schooling, or other removal of children with disabilities from the regular education environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.
Accessing the General Education Curriculum Learning Characteristics Academic Content/ Processes
Sara’s Story When Sara was in the first grade, her teacher started teaching the students how to read. Sara’s Mom was really surprised when Sara had a lot of trouble. She was bright and eager, so she thought that reading would come easily to her. It didn’t. She couldn’t match the letters to their sounds or combine the letters to create words. Sara’s problems continue in second grade. She is not reading and she is having trouble with writing too. Mom thinks Sara may have a learning disability. Sara’s Mom comes to you for help before talking to Sara’s teacher. The Parent Coordinator in Action What can you do?
Discuss the school’s RTI process with the parent Referral to the Pupil Personnel Team Review intervention services offered at your school Coordinate meetings between parents and teachers Request/arrange parent literacy workshops for parents Provide information about and referrals to community- based resources Effective Parent Coordinator Strategy:
Shawn’s Story Shawn is a 4th grader who enjoys school, gets along well with his classmates, and loves class discussions. He is good at reading and writing stories. Math, on the other hand, is beginning to be a problem. Shawn can remember his multiplication tables when he says them in order (5 x 1, 5 x 2, 5 x 3, etc.), but he struggles to recall these facts when he is solving a problem, especially a word problem. When Shawn reads a word problem he doesn’t know where to start. What’s more, once he has begun a problem, he can’t seem to remember what to do in the middle, and can’t recognize when he’s seen the same type of problem before. Now that Shawn is having trouble in math, he is becoming more and more anxious, and has even told his teacher that he thinks he is "dumb" because he can’t figure out his math homework. Shawn’s father is worried about how much Shawn has begun to hate math. He knows that at the end of year his son will need to take a state math test before he can go on to fifth grade. He comes to you for advice. The Parent Coordinator in Action What can you do?
Special Education Resources National Dissemination Center for Children with Disability http://nichcy.org/http://nichcy.org/ NYSED Special Education http://www.p12.nysed.gov/specialed/formsnotices/ http://www.p12.nysed.gov/specialed/formsnotices/ NYC Department of Education http://schools.nyc.gov/Academics/SpecialEducation/ ParentResources/default.htm http://schools.nyc.gov/Academics/SpecialEducation/ ParentResources/default.htm