3IDEA Individuals with Disabilities Education Act Our nation’s special education lawIDEAFederalRegulationsMinnesotaRulesMinnesotaStatutes
4Free Appropriate Public Education Acronyms DefinedFAPEFree Appropriate Public EducationWhat States must make available to all eligible children with disabilities
5Steps: The Basics of Special Education Process under IDEA 10Steps: The Basics of Special Education Process under IDEAStep 1. Child is identified as possibly needing special education and related services
6Steps: The Basics of Special Education Process under IDEA 10Steps: The Basics of Special Education Process under IDEABefore 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)
7Pre-referral Interventions Pre-referral interventions are planned, systematic efforts by regular education staff to resolve apparent learning or behavioral problems.
8Why Pre-Referral? Regular education is least restrictive Every option available should be tried prior to referralNeed strategies in place to deal with at risk studentsStudents have unmet needs: 25% have unmet academic and behavioral needs; only half will qualify for special education services…This is the “Sea of Ineligibility”
9Pre-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.
10Parent NotificationGeneral 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.
11The 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.
12Steps: The Basics of Special Education Process under IDEA 10Steps: The Basics of Special Education Process under IDEAStep 1. Child is identified as possibly needing special education and related servicesStep 2. Child is evaluated
13Special Education Evaluation Parent Consent for evaluationConduct Comprehensive EvaluationParent informationEvaluation resultsInterpretation of resultsEligibility determinationEducational needsMust be completed within 30 school days (Minn. R , subp.2)
14Special Education Evaluation Evaluation must provide data to verify that the student:meets eligibility criteria componentsanddemonstrates a need for special education services.
15Steps: The Basics of Special Education Process under IDEA 10Steps: The Basics of Special Education Process under IDEAStep 3. Eligibility is decided based on the information collected during the evaluation process.
16Special Education Eligibility Child has a disabilityIDEANOChild is not eligibleForspecial educationYESChild’s disability adverselyaffects his/her educationalperformanceNOChild is not eligibleForspecial educationYESChild receives specializedInstruction(Special Education)YESNOSpecialEducationEligibilityDoes child need a relatedservice to benefit fromSpecialized instruction(Special Education)YESHow much & what type ofRelated service does childNeed to benefit fromSpecialized instruction
17Minnesota Disability Categories Autism Spectrum Disorders (ASD)Deaf/Hard of Hearing (DHH)Emotional or Behavioral Disorders (E/BD)Deaf-BlindDevelopmental Cognitive Disability (DCD:MM or DCD:MS)Specific Learning Disability (SLD)Other Health Disabilities (OHD)Severely Multiply ImpairedSpeech or Language Impairments (S/L)Visually Impaired (VI)Traumatic Brain Injury (TBI)Developmental DelayThree through sixInfant & Toddler Intervention ServiceBirth through twoPhysically Impaired (PI)Developmental Adapted Physical Education (DAPE)
18Steps: The Basics of Special Education Process under IDEA 10Steps: The Basics of Special Education Process under IDEAStep 3. Eligibility is decidedYesStep 4. Child is found eligible for services and is in need of special education services.
19Steps: The Basics of Special Education Process under IDEA 10Steps: The Basics of Special Education Process under IDEAStep 5. IEP meeting is scheduled
20Who 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 disabilityLicensed special education providerDistrict RepresentativeStudent
21Excusing 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 necessaryParents’ agreement (and the LEA’s) must be in writing
22Excusing 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 memberMember submits, in writing to the parent and the IEP Team, input into the development of the IEP before the meetingParent consent to excuse any member must be in writing
23Steps: The Basics of Special Education Process under IDEA 10Steps: The Basics of Special Education Process under IDEAStep 6. IEP meeting is held, and the IEP is written
25The IEP Team must consider… Developing the IEPStrengths of the childConcerns of parents for enhancing their child’s educationResults of the child’s initial evaluation (or most recent evaluation)Academic, developmental, and functional needs of the childThe IEP Team must consider…
26IEP Components Annual goals & objectives Present Levels of Academic and Functional Performance (PLAFP)How disability affects involvement & progress in the general curriculumAnnual goals & objectivesSpecial Education & Related ServicesLeast Restrictive Environment explanationAdaptations in general & special educationSupplemental aids & servicesProgram modificationsAssistive technologyBehavioral Intervention Plans (if needed)Progress reporting
2710 Steps: The Basics of Special Education Process under IDEA Step 7. Services are provided
28Implementing the IEPAs 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
29Implementing the IEPAll Service Providers Who Will Be Implementing the IEP…Must have access to the IEPMust be informed of their specific responsibilitiesMust be informed of specific accommodations, modifications, and supports to be provided to the child, in accordance with the IEP
30Continuum of ServicesAll children have a right to continuum of services and placements to meet their individual needs.Regular EducationSpecial ClassesSpecial SchoolsMajority of students are served in the regular classroom for all or part of the school day.Home InstructionInstitutions
31Not Based on: IEP PLACEMENT School Organization Instructional MethodsDisabilityServiceAvailabilityCurriculumContentSpaceAvailability
32IN IDEA, OUR BUSINESS IS SPECIALLY DESIGNED INSTRUCTION SPECIALLY DESIGNED INSTRUCTION = SPECIAL EDUCATION
33Steps: The Basics of Special Education Process under IDEA 10Steps: The Basics of Special Education Process under IDEAStep 8. Progress on IEP goals and objectives is measured and reported to parents at least as often as their mainstream peers receive progress.
34Steps: The Basics of Special Education Process under IDEA 10Steps: The Basics of Special Education Process under IDEAStep 9. IEP is reviewed annuallyStep 10. Child is reevaluated every three years
36Role 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 childSupplementary aids and services, program modifications, and support for school personnel34 C.F.R. § (a)(3)Minn. R subp.2(D)
37Role of the Regular Education Teacher Development, review, revision of IEPPresent Levels of PerformanceK-12: a statement of how the child’s disability affects the child’s involvement and progress in general curriculumExpertise regarding the general curriculum and general education environmentDetermination of adaptations required to ensure access to general curriculum to maximum extent possible
38Role 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.
39IEP Meeting Do’s & Don’ts Tips to avoid legal dispute and stay out of hot water!
40Avoid predetermination of placement Do come to the meeting with necessary informationA draft IEP is not prohibitedConsent should be obtained after parent receives a written copy of proposed IEPPossible 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
41Avoid recommendations / decisions based upon the availability of services Must be based upon the individual student’s needsPossible 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.”
42Avoid recommendations / decisions based upon cost The provision of special education services can be costlyCost is generally not a defense for failure to offer services that are required to provide FAPE.Avoid violations of ConfidentialityBe very careful to avoid releasing confidential information to persons who do not have legitimate educational interest in knowing the information
43Avoid Being “Witherish” Avoid diagnosing medical conditions or suggesting medication without the credentials to do soAvoid Being “Witherish”IDEA requires that teachers engage in good faith, reasonable efforts to implement the provisions of an IEPDoe 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.
44Practical Tips for Helping Teachers Maintain Good Public Relations and Avoid Disputes Not getting personally involved, remain professionalMaintaining a sense of humorMaintain patience, patience, patienceDon’t make decisions or take action “as a matter of principle”
45ADAPTATIONS Supplementary Aids and Service Program Modifications and Supports for School Personnel
46Services & Adaptations on IEP Linked to disability & educational needs in evaluationWill be provided to the student to advance appropriately toward attaining annual goals, to be involved and progress in the general curriculum
47Modifications / Accommodations Adaptations made in the curriculum, presentation method, or the environment to provide support for the individual student
48Often the terms are used interchangeably but… Accommodation - allows accessModificationconditions which does not alter the validity, reliability, or rigorAdjustment that is significant enough to result in a change in the level of difficulty.
507 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?
51Accommodations/Modifications Adapting MaterialsLayout & DesignDirectionsContentTestingAdapting ObjectiveMust know vs. nice to know
52Accommodations/Modifications Instruction AdaptationsGrading AdaptationsBehavior AdaptationsAltered AssignmentsDelete From CurriculumEducational value or time-filler?Environmental Adaptations
53Every student can learn, just not on the same dayor the same way.-- George Evans.
55Confidentiality 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 promotedNeed to respect right to basic dignity for each student
56ConfidentialityData concerning individual student programs are treated as sensitive and confidentialRespect the confidentiality of information you receive about students with whom you work
57Confidentiality Who may access written or oral information? Personnel responsible for the design, preparation, and delivery of education and related servicesWho should not have access?Teachers, therapists or other school personnel and co-workers not responsible for planning or providing services
58ConfidentialityWhat information do children and their families have the right to expect will be kept confidential?Results of formal and informal assessmentsSocial and behavioral actionsPerformance and level of progressProgram goals and objectivesAll information about family relationships, financial status, and other personal matters.
59ConfidentialityCan be extremely difficult to maintain because often situations arise that are unexpected and appear harmless if information is sharedBefore 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?
60Mandated ReportingLegal mandate for professionals and their delegates who work with children to report maltreatment of minorsTeachers, paras, school administrators, support staff (cooks, bus drivers, janitors, others)When to reportIf you know or have reason to believe that a child is currently being abused or neglected or has been in the preceding three years
61Mandated 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 proceduresMay include: law enforcement or social services
62Mandated Reporting You are responsible You are a mandated reporter 24 hours a dayReporter’s name is confidentialImmune from Civil Liability when acting in good faithFailure to report: Misdemeanor
63there 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 usJohn F. Kennedy.