1. Special Education Overview
Original by Linda Gulbranson Revised by Eva Pohl
BRIC Special Education Coordinator BRIC Sped Coordinator
August 29, September 1, 2009

2. The Top 10 Basics of Special Education

3. IDEA Individuals with Disabilities Education Act
Our nation’s special education law
IDEA
Federal
Regulations
Minnesota
Rules
Minnesota
Statutes

4. Free Appropriate Public Education
Acronyms Defined
FAPE
Free Appropriate Public Education
What States must make available to all eligible children with disabilities

5. Steps: The Basics of Special Education Process under IDEA10
Steps: The Basics of Special Education Process under IDEA
Step 1. Child is identified as possibly needing special education and related services

6. Steps: The Basics of Special Education Process under IDEA10
Steps: The Basics of Special Education Process under IDEA
Before a pupil is referred for special education assessment, the district must conduct & document at least two instructional strategies, alternatives, or interventions while the child is in the regular education classroom. The pupil’s teacher must provide the documentation.
Minn.Stat. 125A.56(a)

7. Pre-referral Interventions
Pre-referral interventions are planned, systematic efforts by regular education staff to resolve apparent learning or behavioral problems.

8. Why Pre-Referral? Regular education is least restrictive
Every option available should be tried prior to referral
Need strategies in place to deal with at risk students
Students have unmet needs: 25% have unmet academic and behavioral needs; only half will qualify for special education services…This is the “Sea of Ineligibility”

9. Pre-referral Team: SST, TAT
General education staff should have the support of the pre-referral team often called student support team (SST) or teacher assistance team (TAT).
Besides the general education teacher seeking support, this team may be comprised of other general education teachers, the school-home interventionist, the principal, school psychologist, school social worker, special education teacher, and/or other specialists.

10. Parent Notification
General education staff has the responsibility of informing the parent prior to seeking the assistance of the SST or TAT team. It is critical that parents are involved early in the process so that trust with the staff and school district is developed and nurtured.

11. The SST or TAT team needs to develop criteria and indicators to determine whether or not an intervention is successful. Data to be collected should include baseline data and the results of any progress made while the intervention was in process.

12. Steps: The Basics of Special Education Process under IDEA10
Steps: The Basics of Special Education Process under IDEA
Step 1. Child is identified as possibly needing special education and related services
Step 2. Child is evaluated

13. Special Education Evaluation
Parent Consent for evaluation
Conduct Comprehensive Evaluation
Parent information
Evaluation results
Interpretation of results
Eligibility determination
Educational needs
Must be completed within 30 school days (Minn. R , subp.2)

14. Special Education Evaluation
Evaluation must provide data to verify that the student:
meets eligibility criteria components
and
demonstrates a need for special education services.

15. Steps: The Basics of Special Education Process under IDEA10
Steps: The Basics of Special Education Process under IDEA
Step 3. Eligibility is decided based on the information collected during the evaluation process.

16. Special Education Eligibility
Child has a disability
IDEA NO
Child is not eligible
For
special education
YES
Child’s disability adversely
affects his/her educational
performance NO
Child is not eligible
For
special education
YES
Child receives specialized
Instruction
(Special Education)
YES NO
Special
Education
Eligibility
Does child need a related
service to benefit from
Specialized instruction
(Special Education)
YES
How much & what type of
Related service does child
Need to benefit from
Specialized instruction

17. Minnesota Disability Categories
Autism Spectrum Disorders (ASD)
Deaf/Hard of Hearing (DHH)
Emotional or Behavioral Disorders (E/BD)
Deaf-Blind
Developmental Cognitive Disability (DCD:MM or DCD:MS)
Specific Learning Disability (SLD)
Other Health Disabilities (OHD)
Severely Multiply Impaired
Speech or Language Impairments (S/L)
Visually Impaired (VI)
Traumatic Brain Injury (TBI)
Developmental Delay
Three through six
Infant & Toddler Intervention Service
Birth through two
Physically Impaired (PI)
Developmental Adapted Physical Education (DAPE)

18. Steps: The Basics of Special Education Process under IDEA10
Steps: The Basics of Special Education Process under IDEA
Step 3. Eligibility is decided
Yes
Step 4. Child is found eligible for services and is in need of special education services.

19. Steps: The Basics of Special Education Process under IDEA10
Steps: The Basics of Special Education Process under IDEA
Step 5. IEP meeting is scheduled

20. Who must be include on the IEP Team?
The parents of the child.
Regular education teacher (not less than 1)
Team member licensed in a pupil’s disability
Licensed special education provider
District Representative
Student

21. Excusing a Member from Attending the Meeting
Being “excused”—New provisions in IDEA 2004!
When a member of the IEP Team’s area is NOT being modified or discussed, the member may be excused from attending the meeting, in whole or in part, under two conditions:
Parents and LEA must agree that the member’s attendance is not necessary
Parents’ agreement (and the LEA’s) must be in writing

22. Excusing a Member from Attending the Meeting
May a certain member of the IEP Team be excused if his or her subject area is going to be discussed?
Yes, if:
Parents and LEA consent to excuse the member
Member submits, in writing to the parent and the IEP Team, input into the development of the IEP before the meeting
Parent consent to excuse any member must be in writing

23. Steps: The Basics of Special Education Process under IDEA10
Steps: The Basics of Special Education Process under IDEA
Step 6. IEP meeting is held, and the IEP is written

24. IDEA’s Definition of IEP
§300.22
§ — §

25. The IEP Team must consider…
Developing the IEP
Strengths of the child
Concerns of parents for enhancing their child’s education
Results of the child’s initial evaluation (or most recent evaluation)
Academic, developmental, and functional needs of the child
The IEP Team must consider…

26. IEP Components Annual goals & objectives
Present Levels of Academic and Functional Performance (PLAFP)
How disability affects involvement & progress in the general curriculum
Annual goals & objectives
Special Education & Related Services
Least Restrictive Environment explanation
Adaptations in general & special education
Supplemental aids & services
Program modifications
Assistive technology
Behavioral Intervention Plans (if needed)
Progress reporting

27. 10 Steps: The Basics of Special Education Process under IDEA
Step 7. Services are provided

28. Implementing the IEP
As soon as possible following development of the IEP…
Special education and related services must be made available to the child in accordance with the child’s IEP

29. Implementing the IEP
All Service Providers Who Will Be Implementing the IEP…
Must have access to the IEP
Must be informed of their specific responsibilities
Must be informed of specific accommodations, modifications, and supports to be provided to the child, in accordance with the IEP

30. Continuum of Services
All children have a right to continuum of services and placements to meet their individual needs.
Regular Education
Special Classes
Special Schools
Majority of students are served in the regular classroom for all or part of the school day.
Home Instruction
Institutions

31. Not Based on: IEP PLACEMENT School Organization Instructional
Methods
Disability
Service
Availability
Curriculum
Content
Space
Availability

32. IN IDEA, OUR BUSINESS IS SPECIALLY DESIGNED INSTRUCTION
SPECIALLY DESIGNED INSTRUCTION = SPECIAL EDUCATION

33. Steps: The Basics of Special Education Process under IDEA10
Steps: The Basics of Special Education Process under IDEA
Step 8. Progress on IEP goals and objectives is measured and reported to parents at least as often as their mainstream peers receive progress.

34. Steps: The Basics of Special Education Process under IDEA10
Steps: The Basics of Special Education Process under IDEA
Step 9. IEP is reviewed annually
Step 10. Child is reevaluated every three years

35. Role of General Education Teacherin
IEP Process

36. Role of the Regular Education Teacher
As member of IEP team, must participate in the development of the child’s IEP including the determination of:
Appropriate positive behavioral interventions and supports and other strategies for the child
Supplementary aids and services, program modifications, and support for school personnel
34 C.F.R. § (a)(3)
Minn. R subp.2(D)

37. Role of the Regular Education Teacher
Development, review, revision of IEP
Present Levels of Performance
K-12: a statement of how the child’s disability affects the child’s involvement and progress in general curriculum
Expertise regarding the general curriculum and general education environment
Determination of adaptations required to ensure access to general curriculum to maximum extent possible

38. Role of the Regular Education Teacher
Increasing critical role (together with special education and related services personnel) in implementing program of FAPE for most children with disabilities as described in their IEPs.

39. IEP Meeting Do’s & Don’ts
Tips to avoid legal dispute and stay out of hot water!

40. Avoid predetermination of placement
Do come to the meeting with necessary information
A draft IEP is not prohibited
Consent should be obtained after parent receives a written copy of proposed IEP
Possible Scenarios to avoid:
A teacher indicates during the meeting, “well, we’ve already met on that and decided…”
School personnel arrive at meeting with the IEP completed in full only to be signed by the parent

41. Avoid recommendations / decisions based upon the availability of services
Must be based upon the individual student’s needs
Possible scenarios to avoid:
“But we always do it that way.”
“My schedule won’t allow for that.”
“But all our students get……”
“I wish we could offer ______ because he really needs it, but we don’t have that here.”
“We’ve never done that before and we’re not starting now.”
“My class doesn’t have those services.”

42. Avoid recommendations / decisions based upon cost
The provision of special education services can be costly
Cost is generally not a defense for failure to offer services that are required to provide FAPE.
Avoid violations of Confidentiality
Be very careful to avoid releasing confidential information to persons who do not have legitimate educational interest in knowing the information

43. Avoid Being “Witherish”
Avoid diagnosing medical conditions or suggesting medication without the credentials to do so
Avoid Being “Witherish”
IDEA requires that teachers engage in good faith, reasonable efforts to implement the provisions of an IEP
Doe v. Withers – A jury returned a verdict in favor of parents of an LD student against a high school teacher for $5000 in compensatory damages and $10,000 in punitive damages for a teacher’s refusal to provide their son oral testing as required by IEP.

44. Practical Tips for Helping Teachers Maintain Good Public Relations and Avoid Disputes
Not getting personally involved, remain professional
Maintaining a sense of humor
Maintain patience, patience, patience
Don’t make decisions or take action “as a matter of principle”

45. ADAPTATIONS Supplementary Aids and Service
Program Modifications and Supports for School Personnel

46. Services & Adaptations on IEP
Linked to disability & educational needs in evaluation
Will be provided to the student to advance appropriately toward attaining annual goals, to be involved and progress in the general curriculum

47. Modifications / Accommodations
Adaptations made in the curriculum, presentation method, or the environment to provide support for the individual student

48. Often the terms are used interchangeably but…
Accommodation - allows access
Modification
conditions which does not alter the validity, reliability, or rigor
Adjustment that is significant enough to result in a change in the level of difficulty.

49. Adaptations Instruction Grading Assistive Technology Class Testing
Behavior Management
State assessment participation
Materials
Transportation
Assignment

50. 7 Key Questions What is the objective of assignment?
Is the format the best way to teach concept?
What steps are required to complete assignment?
Are the students proficient in these steps?
If not, can materials be modified?
Should objective itself be modified or different task?
Should assignment be deleted for student or entire class?

51. Accommodations/Modifications
Adapting Materials
Layout & Design
Directions
Content
Testing
Adapting Objective
Must know vs. nice to know

52. Accommodations/Modifications
Instruction Adaptations
Grading Adaptations
Behavior Adaptations
Altered Assignments
Delete From Curriculum
Educational value or time-filler?
Environmental Adaptations

53. Every student can learn,
just not on the same day
or the same way.
-- George Evans.

54. Confidentiality
Mandated Reporting

55. Confidentiality Confidentiality must be maintained and protected
Federal laws, state regulations, and local policies require maintaining confidentiality.
Family Education Rights and Privacy Law (FERPA)
The rights of students to due process, dignity, privacy, and respect must be promoted
Need to respect right to basic dignity for each student

56. Confidentiality
Data concerning individual student programs are treated as sensitive and confidential
Respect the confidentiality of information you receive about students with whom you work

57. Confidentiality Who may access written or oral information?
Personnel responsible for the design, preparation, and delivery of education and related services
Who should not have access?
Teachers, therapists or other school personnel and co-workers not responsible for planning or providing services

58. Confidentiality
What information do children and their families have the right to expect will be kept confidential?
Results of formal and informal assessments
Social and behavioral actions
Performance and level of progress
Program goals and objectives
All information about family relationships, financial status, and other personal matters.

59. Confidentiality
Can be extremely difficult to maintain because often situations arise that are unexpected and appear harmless if information is shared
Before giving information to anyone about a student ask yourself:
Is this person directly involved with the student’s education?
Will the student benefit if this person has the information?

60. Mandated Reporting
Legal mandate for professionals and their delegates who work with children to report maltreatment of minors
Teachers, paras, school administrators, support staff (cooks, bus drivers, janitors, others)
When to report
If you know or have reason to believe that a child is currently being abused or neglected or has been in the preceding three years

61. Mandated Reporting Who to report to:
Recommended procedure is to inform or consult with supervisor and/or administrator prior to making report to appropriate officials directly.
Check local county / school district for procedures
May include: law enforcement or social services

62. Mandated Reporting You are responsible
You are a mandated reporter 24 hours a day
Reporter’s name is confidential
Immune from Civil Liability when acting in good faith
Failure to report: Misdemeanor

63. there is a private hope and dream which, fulfilled…
Let us think of education as the means of developing our greatest abilities…
…can be translated into benefit for everyone.
…because in each of us
John F. Kennedy.