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Special Education Overview Original by Linda Gulbranson Revised by Eva Pohl BRIC Special Education CoordinatorBRIC Sped Coordinator August 29, 2007September.

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Presentation on theme: "Special Education Overview Original by Linda Gulbranson Revised by Eva Pohl BRIC Special Education CoordinatorBRIC Sped Coordinator August 29, 2007September."— Presentation transcript:

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2 Special Education Overview Original by Linda Gulbranson Revised by Eva Pohl BRIC Special Education CoordinatorBRIC Sped Coordinator August 29, 2007September 1, 2009

3 The Top 10 Basics of Special Education

4 IDEA I ndividuals with D isabilities E ducation A ct Our nations special education law Federal Regulations Minnesota Statutes Minnesota Rules

5 Acronyms Defined F ree A ppropriate P ublic E ducation What States must make available to all eligible children with disabilities FAPE

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

7 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 pupils teacher must provide the documentation. Minn.Stat. 125A.56(a)

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

9 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

10 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.

11 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.

12 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.

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

14 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) 13

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

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

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

18 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) 17

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

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

21 W ho must be include on the IEP Team? The parents of the child. Regular education teacher (not less than 1) Team member licensed in a pupils disability Licensed special education provider District Representative Student

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

23 Yes, if: May a certain member of the IEP Team be excused if his or her subject area is going to be discussed? Parent consent to excuse any member must be in writing 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 Excusing a Member from Attending the Meeting

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

25 IDEAs Definition of IEP § § §

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

27 IEP Components 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 26

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

29 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 childs IEP

30 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

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

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

33 32 IN IDEA, OUR BUSINESS IS SPECIALLY DESIGNED INSTRUCTION SPECIALLY DESIGNED INSTRUCTION = SPECIAL EDUCATION

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

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

36 Role of General Education Teacher in IEP Process

37 Role of the Regular Education Teacher As member of IEP team, must participate in the development of the childs 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)

38 Role of the Regular Education Teacher Development, review, revision of IEP –Present Levels of Performance K-12: a statement of how the childs disability affects the childs 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

39 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.

40 IEP Meeting Dos & Donts Tips to avoid legal dispute and stay out of hot water!

41 1.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, weve already met on that and decided… School personnel arrive at meeting with the IEP completed in full only to be signed by the parent

42 2.Avoid recommendations / decisions based upon the availability of services Must be based upon the individual students needs Possible scenarios to avoid: But we always do it that way. My schedule wont allow for that. But all our students get…… I wish we could offer ______ because he really needs it, but we dont have that here. Weve never done that before and were not starting now. My class doesnt have those services.

43 4)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 3)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.

44 6.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 teachers refusal to provide their son oral testing as required by IEP. 5.Avoid diagnosing medical conditions or suggesting medication without the credentials to do so

45 Practical Tips for Helping Teachers Maintain Good Public Relations and Avoid Disputes M aintain patience, patience, patience D ont make decisions or take action as a matter of principle N ot getting personally involved, remain professional M aintaining a sense of humor

46 ADAPTATIONS Supplementary Aids and Service Program Modifications and Supports for School Personnel

47 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

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

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

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

51 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?

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

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

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

55 Confidentiality Mandated Reporting

56 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

57 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

58 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

59 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.

60 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 students education? –Will the student benefit if this person has the information?

61 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

62 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

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

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


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