2. Alabama State Department of Education 1

3. 2 In memory of Mr. Detroit Lee 1917 2001 _ Montgomery Advertiser

4. Alabama State Department of Education 3 Mandate of the Lee v. Macon Consent Decree Provide ongoing awareness and professional development for administrators, evaluators, and educators Provide ongoing monitoring of all initiatives

5. Alabama State Department of Education 4 A Message From the Governor I have made children the focus of my administration. My wife, Lori, and I know that education is the key to our childrens success and the success of all of Alabamas children. I commend your efforts to ensure that every Alabama child has the opportunity to achieve his or her full potential. Don Siegelman PICTURE

6. Alabama State Department of Education 5 Public education is a distinguishing characteristic of the United States of America. An excellent public education system is absolutely essential if Alabamas citizens are to enjoy a brighter future. Education for students with disabilities in Alabama has improved dramatically since the Lee v. Macon litigation was filed in 1963. I support the initiatives of the Decree. I am confident we will meet its requirements and continue our strides to provide quality education for all students. You are to be commended for your commitment to this effort. Ed Richardson A Message From the State Superintendent of Education PICTURE

7. Alabama State Department of Education 6 Implementation of the Lee v. Macon Consent Decree Redefined eligibility criteria: –Specific Learning Disabilities (SLD) –Mental Retardation (MR) –Emotional Disturbance (ED) –Gifted

8. Alabama State Department of Education 7 Alabama Desegregation Timeline 1954 Brown v. Board of Education 1956 Alabama law allowed schools to close if threatened with integration 1963 Original Lee v. Macon suit filed in Macon County to desegregate schools 1967 Alabama public schools remained overwhelmingly segregated 1964 Federal Civil Rights Act 1964 School districts throughout the state joined original Lee v. Macon suit 1970 District court orders approved desegregation plans throughout Alabama 1977 Alabama district courts ordered schools to move toward unitary status 1997 The courts ordered all parties to move toward unitary status 2000 Lee v. Macon Consent Decree signed in the area of special education

9. Alabama State Department of Education 8 Alabama Desegregation Timeline 1954 Brown v. Board of Education 1956Alabama law allowed schools to close if threatened with integration Southeastern Equity Center

10. Alabama State Department of Education 9 Alabama Desegregation Timeline (continued) 1963Lee v. Macon, plaintiffs filed (August) original suit to desegregate schools in Macon County 1964Lee v. Macon, joined school districts throughout the state to the original case Southeastern Equity Center

11. Alabama State Department of Education 10 Alabama Desegregation Timeline (continued) 1964 Federal Civil Rights Act 1967 Lee v. Macon, Alabama public schools remain overwhelmingly segregated Southeastern Equity Center

12. Alabama State Department of Education 11 Alabama Desegregation Timeline (continued) 1970District court orders approved desegregation plans throughout Alabama 1977Alabama district courts ordered schools to move toward unitary status Southeastern Equity Center

13. Alabama State Department of Education 12 Alabama Desegregation Timeline (continued) 1997The courts ordered all parties to move toward unitary status Southeastern Equity Center

14. Alabama State Department of Education 13 Unitary Status Means school systems no longer discriminate on the basis of race Is an indicator that a concerted effort has been made to eradicate the vestiges of dual school systems Is a reflection; a change in attitudes, beliefs, actions, values, and outcomes

15. Alabama State Department of Education 14 A Unitary School District Must Satisfy a Three-Pronged Analysis Has the district complied with the courts desegregation orders for a reasonable period of time? Has the district eliminated the vestiges of dejure segregation? Has the district demonstrated a good-faith effort to the whole of the courts desegregation orders?

16. Alabama State Department of Education 15 Alabama Desegregation Timeline (continued) 2000Lee v. Macon Consent (August 25) Decree signed in the area of special education

17. Alabama State Department of Education 16 Green v. New Kent County ( 1968) The Green Factors Student Assignment Faculty and Staff Assignment Transportation Extracurricular Activities Facilities

18. Alabama State Department of Education 17 Unresolved Issues Overrepresentation of: –Minority students identified as mentally retarded –Minority students identified as emotionally disturbed Underrepresentation of: –Minority students identified as having specific learning disabilities –Minority students identified as gifted

19. Alabama State Department of Education 18 Who is Most Affected by Overrepresentation? African-American males are: –Less likely to receive early intervention –Less likely to receive counseling and psychological supports –More likely to be placed in restrictive environments The Civil Rights Project, Harvard University

20. Alabama State Department of Education 19 Who is Most Affected by Overrepresentation? (continued) African-American males are: –Twice as likely to be identified as mentally retarded living anywhere in the United States –Three times more likely in Alabama to be identified as mentally retarded The Civil Rights Project, Harvard University

21. Alabama State Department of Education 20 Office for Civil Rights and Office of Special Education Programs Concerns Students may be: –Unserved or receive services that do not meet their needs –Misclassified or inappropriately labeled Placement in special education classes may be a form of discrimination

22. Alabama State Department of Education 21 Whatever affects one directly, affects all indirectly. Never again can we afford to live with the narrow, provincial outside agitator idea. Anyone who lives inside the United States can never be considered an outsider anywhere within its bounds. Dr. Martin L. King, Jr.

23. Alabama State Department of Education 22 SPECIALEDUCATION

24. Alabama State Department of Education 23 At the turn of the last century: – Children with mild disabilities were instructed in the general education classroom – Children with severe disabilities did not attend school at all How and Why Special Education Evolved Nationally (Friend and Bursuck, 1999)

25. Alabama State Department of Education 24 How and Why Special Education Evolved Nationally (continued) In the 40s and 50s: – Nonacademic classrooms were put in place to serve children with disabilities

26. Alabama State Department of Education 25 By the mid-50s and early 60s: – Studies began to show that the needs of students with disabilities were not being met How and Why Special Education Evolved Nationally (continued)

27. Alabama State Department of Education 26 In the 50s and 60s: – The Civil Rights Movement – Brown v. Board of Education (1954) How and Why Special Education Evolved Nationally (continued)

28. Alabama State Department of Education 27 Section 504 of the Rehabilitation Act of 1973: –Provided for equal opportunity concerning participation in the full range of school activities for disabled students How and Why Special Education Evolved Nationally (continued)

29. Alabama State Department of Education 28 In 1975, P. L. 94-142, the Education for All Handicapped Children Act, provided: – Free and Appropriate Public Education (FAPE) – Least Restrictive Environment (LRE) – Individualized Education Program (IEP) How and Why Special Education Evolved Nationally (continued)

30. Alabama State Department of Education 29 In 1975, P. L. 94-142, the Education for All Handicapped Children Act, provided (continued): – N ondiscriminatory Evaluation – Due Process – Child Find How and Why Special Education Evolved Nationally (continued)

31. Alabama State Department of Education 30 In 1990, P. L. 101-476 changed the name to Individuals with Disabilities Education Act (IDEA): – Other provisions: – Autism and traumatic brain injury added – Transition emphasized – Preschool childrens services increased – Grants provided How and Why Special Education Evolved Nationally (continued)

32. Alabama State Department of Education 31 In 1997, P. L. 105-17 reauthorized P. L. 101-476 : – New provisions: – General education teacher on IEP Team – Participation in statewide assessments – Transition – Student behavior – Paraprofessionals trained and supervised – Mediation How and Why Special Education Evolved Nationally (continued)

33. Alabama State Department of Education 32 Influences on Special Education Practices Civil Rights Laws Research Court Cases Education Laws Parent & Professional Advocacy Groups Classroom Friend and Bursuck, 1999

34. Alabama State Department of Education 33 Special Education = Service(s) It is NOT a Place Based on assessments, individualized, and provided in the least restrictive environment Special education should only be considered after appropriate interventions and strategies have been implemented in the general education classroom

35. Alabama State Department of Education 34 Purpose and Significance of Appropriate Placement in Special Education The purpose of special education is to ensure that children with disabilities receive appropriate services and instruction.

36. Alabama State Department of Education 35 There is a greater likelihood of: – Attaining skills and knowledge – Meeting those challenging expectations – Being prepared for adult life Purpose and Significance of Appropriate Placement in Special Education (continued) (Friend and Bursuck, 1999)

37. Alabama State Department of Education 36 Significance of Inappropriate Placement of Students in Special Education If students are mislabeled, they will not receive the appropriate supports and services to be successful.

38. Alabama State Department of Education 37 Significance of Inappropriate Placement of Students in Special Education (continued) When this occurs, they are: – Less likely to graduate – More likely to be suspended/expelled – More likely to drop out and/or enter into a correctional facility Osher, Woodruff, Sims Glennon Losen

39. Alabama State Department of Education 38 The Problem Overrepresentation of minority students in: – Mental retardation programs – Emotional disturbance programs Underrepresentation of minority students in: – Specific learning disabilities programs – Gifted programs

40. Alabama State Department of Education 39 Reasons for Overrepresentation/ Underrepresentation in Special Education Programs Unlevel Playing Field –Resources –Teacher Effectiveness –Prereferral/Referral –Assessment Procedures –Involvement of Family

41. Alabama State Department of Education 40 Students in Poor School Districts Lack Reading Resources Percent of Students Who Are Poor 16% 25% 28% 33% 59% 10% 60% 0%1-4%5-9%10-19%20-29%30% + Percent of Teachers Lacking Resources Source: Educational Testing Service. Teacher Questionnaire from the 1988 NAEP Reading Assessment, Grade 4, unpublished. 1999 by The Education Trust, Inc.

42. Alabama State Department of Education 41 Students in Poor School Districts Lack Math Resources 15% 48% 44% 10% 50% Advantaged UrbanDisadvantaged UrbanExtreme Rural Percent of Teachers Lacking Math Resources Source:Mullis, Ina V.S. et al. The State of Mathematics Achievement. NAEPs 1990 Assessment of the Nation and the Trial Assessment of the States. Educational Testing Service, June 1991. Data are for 4th grade. 1999 by The Education Trust, Inc.

43. Alabama State Department of Education 42 28 14 19 16 18 31 20 40 10% 50% MathScienceEnglishSocial Studies <20% Free Lunch >49% Free Lunch Classes in High-Poverty High Schools More Often Taught by Underqualified* Teachers * Teachers who lack a minor in the field. Source: National Commission on Teaching and Americas Future, What Matters Most: Teaching for Americas Future (p.16) 1996. 1999 by The Education Trust, Inc.

44. Alabama State Department of Education 43 Math and Science Classes with a High Percentage of Minority Students are More Often Taught by Underqualified Teachers 54% 86% 42% 69% 30% 90% 90-100% Non-White90-100% White Certified in FieldB.A. or B.S. in Field Source: Jeannie Oakes. Multiplying Inequalities: The Effects of Race, Social Class, and Tracking on Opportunities to Learn Mathematics and Science (Rand: 1990) 1999 by The Education Trust, Inc.

45. Alabama State Department of Education 44 Reasons for Overrepresentation/ Underrepresentation in Special Education Programs (continued) Limited training in: –The prereferral/referral processes –Assessment procedures

46. Alabama State Department of Education 45 Limited Involvement of Culturally/Linguistically Diverse Families Reasons for Overrepresentation/ Underrepresentation in Special Education Programs (continued)

47. Alabama State Department of Education 46 M 3 Equals Misidentification Misassessment Misplacement

48. Alabama State Department of Education 47 19th Annual Report to Congress (1997) Identified problems associated with inappropriate classification and placement: – Denied access – Separate programs – Stigma

49. Alabama State Department of Education 48 Alabama State Department of Education Position Statement It is clear that disability classification and placement can have a significant impact in either a positive or negative direction. It is imperative that good decisions be made for each student. This single decision to place a child in special education can impact a child for a lifetime.

50. Alabama State Department of Education 49

51. Alabama State Department of Education 50 IRRESPONSIBLE Disability Characteristics SLOWLEARNER AGGRESSIVE HYPERACTIVE UNMOTIVATED IMPULSIVE DEFIANT WITHDRAWN

52. Alabama State Department of Education 51 Characteristics of Mental Retardation Difficulty in: –Focusing attention –Remembering information –Regulating ones own behavior –Mastering academic tasks –Making friends Harris, Alabama State University

53. Alabama State Department of Education 52 Characteristics of Mental Retardation (continued) Difficulty in: –Performing life skills Appears unmotivated Below average intelligence Harris, Alabama State University

54. Alabama State Department of Education 53 Characteristics of Specific Learning Disabilities Difficulty in: –Using language and symbols –Perceiving –Managing emotions and behavior Grill, Athens State University

55. Alabama State Department of Education 54 Characteristics of Specific Learning Disabilities (continued) Difficulty in: –Talking: limited vocabulary; difficulty in formulating coherent, grammatical sentences –Math: computation and reasoning/ problem solving Grill, Athens State University

56. Alabama State Department of Education 55 Characteristics of Specific Learning Disabilities (continued) Difficulty in using language and symbols: –Reading: basic skills & comprehension –Writing: penmanship and expressing ideas clearly –Listening: hearing, but not understanding Grill, Athens State University

57. Alabama State Department of Education 56 Characteristics of Specific Learning Disabilities (continued ) Difficulty in perceiving: –Differences in voice tones –Differences in facial expressions –Body language –Passage of time –Verbal humor –Personal space Grill, Athens State University

58. Alabama State Department of Education 57 Characteristics of Specific Learning Disabilities (continued) Difficulty in managing emotions and behavior: –Controlling anger –Making hasty decisions –Interrupting (impulsive) –Responding to rapid transitions (rigid) –Organizing tasks –Managing time and resources Grill, Athens State University

59. Alabama State Department of Education 58 Characteristics of Specific Learning Disabilities (continued ) Students often may: –Appear frustrated, shy, or act out in reading activities (because of reading problems) –Panic, resist, or act out in writing activities (because of writing problems) –Resist, refuse, act out at math time (because of math problems) Grill, Athens State University

60. Alabama State Department of Education 59 Characteristics of Specific Learning Disabilities Summary All students have some academic problems The most common academic problem is reading No oneall typesNo one with SLD will evidence all types of problems. Grill, Athens State University

61. Alabama State Department of Education 60 Characteristics of Specific Learning Disabilities Summary (continued) AllsomeAll students will evidence some types of problems Persons with SLD exhibit these problems: –To a greater extent than do normal individuals –With greater adverse educational effects Grill, Athens State University

62. Alabama State Department of Education 61 Learning problems may include: –Poor academic survival skills –Academic achievement below grade placement –School demands attribute to at-risk behaviors Characteristics of Emotional Disturbance Pearson, Troy State University NICHCY

63. Alabama State Department of Education 62 Aggressive/non-compliant behavior: –Openly defies authority –Verbally attacks or engages in inappropriate verbal exchange –Physically threatens peers and authority figures –Easily loses temper –May have excessive absences or repeated suspensions Characteristics of Emotional Disturbance (continued) Pearson, Troy State University NICHCY

64. Alabama State Department of Education 63 Withdrawn: –Lacks social skills to make friends –Uses retreat behavior –Exhibits thought disorders –Exhibits pervasive mood of unhappiness and/or depression Characteristics of Emotional Disturbance (continued) Pearson, Troy State University NICHCY Morgan and Jenson

65. Alabama State Department of Education 64 Characteristics of Emotional Disturbance (continued) Hyperactive: –Feet/hands often moving –Out of seat often without permission –Runs or climbs when walking or reaching would be better –Trouble maintaining self in quiet activities –Appears tense, anxious, and nervous Pearson, Troy State University NICHCY

66. Alabama State Department of Education 65 Immature: –Preoccupation with things not presently required –Short attention span for chronological age –Difficulty starting and completing tasks –Prefers to socialize with younger-age peers –Difficulty following multi-step directions –Engages in behavior of younger children Characteristics of Emotional Disturbance (continued) Pearson, Troy State University NICHCY

67. Alabama State Department of Education 66 Learning Problems Aggressive/non-compliant behavior Withdrawn Hyperactive Immature Characteristics of Emotional Disturbance Summary Hallahan and Kauffman

68. Alabama State Department of Education 67

69. Alabama State Department of Education 68 Why Consider Student Characteristics?...It is your responsibility (as educators) to learn fundamental characteristics students might have because of their backgrounds… If you understand this…, you can make a special effort to initiate interactions with those students. (Friend and Bursuck, 1999)

70. Alabama State Department of Education 69 Dont Stereotype Stereotype: –…a mental category based on exaggerated and inaccurate generalizations used to describe all members of a group. Stereotypes are erroneous beliefs, either favorable or unfavorable, that are applied universally and without exception. Bennett

71. Alabama State Department of Education 70 Sociotype An accurate generalization about social groups. In a sociotype, the relationship between the specific group and the attribute is found extensively, though not universally; it exists frequently, but not without exception. Bennett

72. Alabama State Department of Education 71 Student Characteristics Motivation: –Cooperative environments –Family –Relationship with authority figures –Trust Grossman Friend and Bursuck

73. Alabama State Department of Education 72 Student Characteristics (continued) Spontaneous/Intuitive Reflective/Analytical Dependent Learners Global Perception Pace Stimulation Response Style Grossman

74. Alabama State Department of Education 73 Student Characteristics (continued) Impact on Test Results: –How is the student tested? –Who is testing the student? –What is really being tested?

75. Alabama State Department of Education 74 Disability Characteristics IRRESPONSIBLE SLOWLEARNER AGGRESSIVE HYPERACTIVE UNMOTIVATED IMPULSIVE DEFIANT WITHDRAWN

76. Alabama State Department of Education 75 Student Characteristics IRRESPONSIBLE SLOWLEARNER AGGRESSIVE HYPERACTIVE UNMOTIVATED IMPULSIVE DEFIANT WITHDRAWN So What Does All This Mean?

77. Alabama State Department of Education 76 What Is The Connection Between Disability Characteristics And Student Characteristics?

78. Alabama State Department of Education 77 Referral Research results support the conclusion that the most important decision made in the entire assessment process is the one made by the general education teacher to refer a student for assessment. Grossman, 1995

79. Alabama State Department of Education 78 Students without disabilities who are not referred for assessment cannot be misplaced in programs for students with disabilities; gifted and talented students who are not referred for assessment cannot be placed in programs they deserve. Therefore, it is extremely important to reduce inappropriate and biased referrals. Referral Grossman, 1995

80. Alabama State Department of Education 79 This can be accomplished, in part, by increasing regular educators knowledge of contextual, cultural, gender, and socioeconomic factors that influence the way students behave and function in school and by making sure that appropriate prereferral procedures are followed before students who are thought to have disabilities are… (referred for assessment). Referral (continued) Grossman, 1995

81. Alabama State Department of Education 80 What Can Be Done To Reduce Overrepresentation/ Underrepresentation General education classroom Family involvement Referrals Evaluations Services Monitor

82. Alabama State Department of Education 81 Impact of Implementation of the Lee v. Macon Consent Decree Implement more effective prereferral interventions Ensure appropriate referrals and placements Empower teachers Improve classroom management Reduce disciplinary office referrals Improve school environment

83. Alabama State Department of Education 82 Alabama State Department of Education MISSION STATEMENT To provide a state system of education which is committed to academic excellence and which provides education to the highest quality to all Alabama students, preparing them for the 21st century.

84. Alabama State Department of Education 83 Special Education Services POLICY STATEMENT Disability is a natural part of the human experience and in no way diminishes the right of individuals to and in no way diminishes the right of individuals to participate in or contribute to society. Improving participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.

85. Alabama State Department of Education 84 I fully support the Lee v. Macon Consent Decree initiatives. Education is not just about what one knows, but also about who and what one is. Mabrey Whetstone

86. Alabama State Department of Education 85 POST ASSESSMENT 1. FALSE 2. TRUE 3. FALSE 4. FALSE 5. FALSE 6. TRUE 7. TRUE 8. TRUE 9. TRUE