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SPECIAL EDUCATION AND THE NEW IEP

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1 SPECIAL EDUCATION AND THE NEW IEP
Denise Khatri, Sandy Lenon, Phyllis Rochester Division of Students with Disabilities and English Language Learners July 19, 2011

2 Denise Khatri DKhatri2@schools.nyc.gov
Sandy Lenon Phyllis Rochester

3 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? Reflections…

4 Reflections… 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…

5 Disabilities BACKGROUND WHAT I KNOW WHAT I WANT TO KNOW
WHAT I’VE LEARNED NEW QUESTIONS I HAVE Disabilities

6 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

7 Laws Impacting Students With Disabilities
SECTION 504 IDEA NCLB ADA NYS Part 200 Regulations Laws Impacting Students With Disabilities

8 Laws Regarding Students With Disabilities
SECTION 504 of the REHABILITATION ACT of 1973 Laws Regarding Students With Disabilities

9 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."   Section 504 –Civil Rights Law for People with Disabilities

10 Individuals with Disabilities Education Act 2004

11 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. Individuals with Disabilities Education Act 2004

12 Free Appropriate Public Education
§ 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 § 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. Free Appropriate Public Education

13 No Child Left Behind Act 2001

14 No Child Left Behind Act 2001
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

15 Americans with Disabilities Act of 1990
ADA is a law that was enacted by the U.S. Congress in 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. Americans with Disabilities Act of 1990

16 NYS Regulations of the Commissioner of Education
State Regulations relating to students with disabilities NYS Regulations of the Commissioner of Education

17 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 NYSED/IDEA Part B State Performance Plan

18 Myths and Facts About Students with Disabilities

19 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.

20 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?

21 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. What is a Disability? Continued…

22 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.” [§ (c)(1)] Considering the Meaning of “Adversely Affects”

23 Autism Deafness Deaf-Blindness Emotional Disturbance Hearing Impairments Learning Disability Intellectual Disability Multiple Disabilities Definitions of Disability Categories as Defined in (zz) – Student with a Disability Autism – A developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age 3, that adversely affects a student’s educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. The term does not apply if a student’s educational performance is adversely affected primarily because the student has an emotional disturbance as defined in paragraph (4) of this subdivision. A student who manifests the characteristics of autism after age 3 could be diagnosed as having autism if the criteria in this paragraph are otherwise satisfied. Deafness means a hearing impairment that is so severe that the student is impaired in processing linguistic information through hearing, with or without amplification, that adversely affects a student’s educational performance. Deaf-Blindness – means concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and education needs that they cannot be accommodated in special education programs solely for students with deafness or students with blindness. Emotional Disturbance – 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 student’s educational performance: An inability to learn that cannot be explained by intellectual, sensory, or health factors; Inappropriate types of behavior or feelings under normal circumstances; An inability to build or maintain satisfactory interpersonal relationships with peers and teachers; A generally pervasive mood of unhappiness or depression; or A tendency to develop physical symptoms or fears associated with personal or school problems. The term includes Schizophrenia. The term does not apply to students who are socially maladjusted, unless it is determined that they have an emotional disturbance. Hearing Impairments – means an impairment in hearing, whether permanent or fluctuating, that adversely affects the child’s educational performance but that is not included under the definition of deafness in this section. 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. The term does not include learning problems that are primarily the result of visual, hearing or motor disabilities, of mental retardation, of emotional disturbance, or of environmental, cultural or economic disadvantage. Mental Retardation – means significantly sub-average general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, that adversely affects a student’s educational performance. Multiple Disabilities – means concomitant impairments (such as mental retardation-blindness, mental retardation-orthopedic impairment, etc.), the combination of which cause such a severe educational needs that they cannot be accommodated in a special education program solely for one of the impairments. The term does not include deaf-blindness. Orthopedic Impairment – means a severe orthopedic impairment that adversely affects a student’s educational performance. The term includes impairments caused by congenital anomaly (e.g. clubfoot, absence of some member, etc) , impairments caused by disease (e.g. poliomyelitis, bone tuberculosis, etc.), and impairments from other causes (e.g. cerebral palsy, amputation, and fractures or burns which cause contractures). Other Health-Impairment – means having limited strength, vitality or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the education environment, that is due to chronic or acute health problems, including but not limited to a heart condition, tuberculosis, rheumatic fever, nephritis, asthma, sickle cell anemia, hemophilia, epilepsy, lead poisoning, leukemia, diabetes, attention deficit disorder or attention deficit hyperactivity disorder or tourette syndrome, which adversely affects a student’s educational performance. Speech or Language Impairment – means a communication disorder, such as stuttering, impaired articulation, a language impairment or a voice impairment, that adversely affects a student’s educational performance. Traumatic Brain Injury – means an acquired injury to the brain caused by an external physical force or by certain medical conditions such as stroke, encephalitis, aneurysm, and anoxia or brain tumors with resulting impairments that adversely affect education performance. The term includes open or closed head injuries from certain medical conditions resulting in mild, moderate or severe impairments in one or more areas, including cognition, language, memory, attention, reasoning, abstract thinking, judgment, problem solving, sensory, perceptual and motor abilities, psychosocial behavior, physical functions, information processing, and speech. The term does not include injuries that are congenital or caused by birth trauma. Visual Impairment (including Blindness) – means an impairment in vision that, even with correction, adversely affects a student’s educational performance. The term includes both partial sight and blindness. Definitions of Disability Categories as Defined in NYS Regulations (zz)

24 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 (zz)

25 Who Are Our Students with Disabilities in NYC Schools?
During the 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?

26 Who Are Our Students with Disabilities in NYC Schools?

27 Annual Review/Reevaluation
CPSE/CSE PROCESS 1. Referral Before the meeting 2. Evaluation 3. Eligibility At the meeting IEP Development 4. Implementation 5. After the meeting 6. Annual Review/Reevaluation

28 What is Autism? Autism; Asperger syndrome; Rett syndrome;
…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. 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). What is Autism?

29 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. Characteristics of Students with Autism

30 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. A learning disability is a disorder that affects the manner in which individuals take in, express or retain information. It manifests as a deficit in one or more of the following areas: oral expression, auditory processing, written expression, reading decoding, reading comprehension, or math calculations. Students with learning disabilities or attention deficit disorders may also experience difficulty with sustained attention, time management, social interactions and executive functions. What is a Learning Disability?

31 Characteristics of Students with Learning Disabilities
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

32 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

33 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. What is Emotional Disturbance?

34 Characteristics of Students with 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

35 Designing School-Wide Systems for Student Success
Academic Systems Behavioral Systems Intensive Individual Interventions Individual Students Intense, durable procedures Wraparound Plans Tier III Interventions Individual Students High Intensity 1-5% 1-5% 5-10% 5-10% Tier II Interventions Some students (at-risk) High efficiency Rapid response Group Interventions Some students (at-risk) High efficiency Rapid response Schools need to address academics AND behaviors, both of which require systems of support. The green triangle represents Universal Design/Response to Intervention which benefits all students: School-Wide. Research shows that usually Tier I Universal Interventions do indeed benefit at least 80-90% of the students within a school. Then there are a few students – about 5-10% who are at-risk and need more and a bit different supports and interventions. Finally, although all students still receive universal interventions, there is a very small 1-5% who will need even more intensive supports. These interventions are still provided within the general education curriculum – this not Special Education, nor does this 1-5% necessarily require a referral to Special Ed at this point. This is a three tier model. At the first tier, the green triangle, the school would start by ensuring that every student has access to rigorous, grade-level curriculum and highly effective initial teaching. At this tier, teachers are expected to differentiate instruction based on student needs. Teachers must scaffold content, process and product on the basis of student needs. For most students 80-90% benefit from this tier. This tier is both preventive and proactive. It involves all students, all settings. At tier 2, the school would use on-going formative assessment to identify students in need of additional support usually 5-10% of your population. As well as to target each student’s specific learning needs. At this level, instruction is delivered in small groups using strategies that directly target skills. Progress monitoring is done periodically to assess whether or not the student is responding to the intervention. Hence, response to intervention. At this level, adjustments need to be made to target strategies based on the needs of students. For 5-10% of the population in addition to tier 1, differentiated instruction , students are successful. There is a small number of students 1-5% who would require intensive support or tier 3 in addition to core instruction. At this level we are monitoring students progress and making adjustments as needed. Notice we have not mentioned a referral to special education. This is all within the general ed context (UDL). Students at this level often have multiple needs intensive help must be individualized based on a problem-solving approach.   Appropriate instruction delivered to all students in the general education class by qualified personnel. Screenings administered to all students for the purpose of establishing a baseline and identifying those students who are not making academic progress at expected rates. Instruction matched to student need with increasingly intensive levels of targeted intervention and instruction for students who do not make satisfactory progress in their levels of performance and/or in their rate of learning. Repeated assessments of student achievement which should include curriculum based measures. Written notification to the parents regarding the nature and scope of interventions. 80-90% 80-90% Tier I Interventions All students Preventive, proactive All Academic Areas % Universal Interventions All settings,all students Preventive, proactive School-wide Programming

36 Annual Review/Reevaluation
CPSE/CSE PROCESS 1. Referral Before the meeting 2. Evaluation 3. Eligibility At the meeting IEP Development 4. Implementation 5. After the meeting 6. Annual Review/Reevaluation

37 The IEP is the Cornerstone of the Special Education Process
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. Supports participation in the general education curriculum and learning standards Identifies how the resources of the school need to be configured to support the student’s needs Guides the provision of instruction designed to meet a student’s needs IEP Identifies how the student will be prepared for adult living 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. Can also discuss the IEP/SESIS training at this point. Ensures a strategic and coordinated approach to address a student’s needs Provides an accountability tool New York City Department of Education | Special Education Student Information System /2008

38 Sections of the IEP 11) Placement 10) Special Transportation
4/5/2017 Sections of the IEP 11) Placement 10) Special Transportation 9) Participation in State Assessments, and with Students without Disabilities 8) Coordinated Set of Transition Activities 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) 2) Measurable Post Secondary Goals and Transition Needs 1) Present Level Of Performance NYC Summary - Student Information New York City Department of Education | Special Education Student Information System Developing a Quality IEP - notes

39 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. …” Individualized Education Program (IEP)

40 Individualized Education Program (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)

41 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 Special Education Services in NYC

42 §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. § 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.

43 Special Education Services in NYC
Frequently occurring characteristics of students with learning disabilities 1. There is a discrepancy between oral and written work. 2. The student generally works slowly in comparison to her/his peers. 3. The student is unable to sustain concentration. 4. The student has a poor ability to memorize. 5. The student has difficulty following directions, especially oral directions or directions of more than one step. 6. The student frequently asks for directions to be repeated. 7. The student has little confidence. 8. The student is self conscious about her/his work. 9. The student may be able to explain things orally but not in writing. Special Education Services in NYC

44 Accessing the General Education Curriculum
Learning Characteristics Academic Content/ Processes Accessing the General Education Curriculum

45 What can you do? The Parent Coordinator in Action 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. What can you do?

46 Effective Parent Coordinator Strategy:
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

47 What can you do? The Parent Coordinator in Action 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. What can you do?

48 ACRONYMS IEP ________________________ FAPE ______________________
IDEA _______________________ RTI ________________________ LD _________________________ LRE ________________________ PLP ________________________ SETSS ______________________ ACCES ______________________ ICT _________________________ CSE _________________________ FBA _________________________ ACRONYMS

49 Special Education Resources
National Dissemination Center for Children with Disability NYSED Special Education NYC Department of Education Special Education Resources


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