Pennsylvania Training and Technical Assistance Network Laws and Regulations

How Did We Get Here? Creation of Massachusetts Board of Education: Horace Mann – Universal Education thru Elementary Grades Free School Act of PA: Thaddeus Stevens: Access to Education Free School Act of PA: Thaddeus Stevens: Access to Education Brown vs. Board of Education Decision: Equal Educational Opportunity Elementary & Secondary Education Act (ESEA) & Head Start: Equal Access for Poor & Minority Students Title IX of ESEA: Sports Act Education for All Handicapped Children Act: IEPs & Equal access for students with disabilities PARC Consent Agreement – Right to Education & FAPE for all Students with Mental Retardation Title 24 Public School Code Act 14 Established State Board of Education Title 24 Public School Code Act 14 Established State Board of Education Act 102 Established 29 Intermediate Units; Arranged 501 School Districts Act 102 Established 29 Intermediate Units; Arranged 501 School Districts Chapter 13 Exceptional Children Standards & Regulations Chapter 13 Exceptional Children Standards & Regulations Chapters 3 & 5: Testing & Curriculum for General Education; (Planned Courses) Chapters 3 & 5: Testing & Curriculum for General Education; (Planned Courses) Federal Pennsylvania - State ACCESS

IDEA Amendments IDEA ’97 Access to the General Education Curriculum & Assessment IDEA Amendments IDEA ’97 Access to the General Education Curriculum & Assessment No Child Left Behind Act: Universal proficiency & accountability: School Improvement; AYP; Scientific, Research-Based Practices IDEA 2004: Early Intervening; Scientific, Research- Based Interventions IDEA 2004: Early Intervening; Scientific, Research- Based Interventions Chapter 14 Special Education Services & Programs. Established IST as a Requirement: 5 Year Phase-In Chapter 14 Special Education Services & Programs. Established IST as a Requirement: 5 Year Phase-In Chapter 4 Academic Standards for Reading & Mathematics and Assessment Chapter 4 Academic Standards for Reading & Mathematics and Assessment Pennsylvani a System of School Assessment PSSA Pennsylvani a System of School Assessment PSSA Pennsylvania Assessment Anchors Individuals with Disabilities Education Act (IDEA) Individuals with Disabilities Education Act (IDEA) Getting Results Framework Distinguished Educators Getting Results Framework Distinguished Educators Chapter 14: IST made Optional to School Districts Improving America’s Schools Act (Title 2) Improving America’s Schools Act (Title 2) Pennsylvania Alternate System of Assessment PASA Pennsylvania Alternate System of Assessment PASAFederalFederal - Pennsylvania - State How Did We Get Here? Universal Proficiency Accountability

Legislative Mandates  No Child Left Behind (2001) –Standards-driven instruction –Closing the achievement gap –Disaggregation of test scores  IDEA 2004 –Access to the general education curriculum –Participation in assessments  ADA – Section 504

School Reforms to Increase Rigor  Comprehensive academic standards  Accountability  High stakes testing  Teacher effectiveness  Principal effectiveness

Six Principles of IDEA  Zero Reject  Free Appropriate Public Education (FAPE)  Least Restrictive Environment (LRE)  Nondiscriminatory evaluation  Parent and student participation in decision- making and right to confidentiality  Procedural safeguards

LRE Students with disabilities must be educated in the least restrictive environment. Each school entity must ensure that to the maximum extent appropriate, and as provided in the IEP, the student with a disability is educated with non- disabled peers

LRE Special classes, separate schooling or other removal of a student with a disability from the regular education class occurs only when the nature or severity of the disability is such that education in the regular education class with the use of appropriate supplementary aids and services cannot be achieved satisfactorily.

LRE School entities must be required to provide access to a full continuum of placement options.

100% of the time with nondisabled peers in general education 0% of the time with nondisabled peers Start here then move along the continuum, based upon the student’s individual need LRE: General Premise

LRE: Continuum of Services What supplementary services were considered? What supplementary aids and services were rejected? Question 1 What benefits are provided in the regular education class with supplementary aids and services versus the benefits provided in the special education class? Question 2 What potentially beneficial effects and/or harmful effects might be expected on the student with disabilities or the students in the class, even with supplementary aids and services? Question 3 To what extent, if any, will the student participate with non-disabled peers in extracurricular activities or other nonacademic activities? Question 4

LRE: Time with Nondisabled Peers Inside the regular classroom 80% or more of the day. Inside the regular classroom 40-79% of the day. Inside the regular classroom less than 40% of the day.

Start here then move along the continuum, based upon the student’s individual need LRE: General Premise 80% or more In general education 40-79% in general education 40% or less in general education

LRE Calculation Formula: Hours inside regular education Hours in a school day [multiply by 100 to get a %]

LRE: Calculation: Example Cindy spends 1 hour a day in a learning support room. The school day is 6 hours long. (6-1 = 5) She spends 5 hours a day in regular education. 5 6 =.83 (x100) = 83% in the LRE 80% or more In general education 40-79% in general education 40% or less in general education

IEP

Educational Placement and LRE Activity

Educational Placement: Special Education Programs & Services Refers to the amount & type of special education service(s) the student receives, regardless of whether it is in general education with nondisabled peers or special education settings with disabled peers. However; the location of the delivery of these services is also a part of placement.

Educational Placement 1.Type of Support (level of support/time/amount of service) 2. Type of Service (program) 3. Location of Service (where)

1. Type of Support (time) Itinerant – special education services for less than 20% of the day. Supplemental – special education services for 20% - 80% of the day. (Think of this as resource or part- time) Full Time – special education services for more than 80% of the day. Placement is concerned with the amount of time special education services are delivered; this can be in general education or special education classrooms. Calculate only professional staff time; not paraprofessional.

2. Type of Support (service) This denotes the type of support service for the student. –Examples: Autistic Support Emotional Support Learning Support Life Skills Support Physical Support It does not matter what ‘label’ a student has, any type of support can be designed for the student. It is individualized based upon the student’s need.

3. Location of Service This is the actual ‘place’ where the child receives his/her program. –Examples: Neighborhood School School in district, but not neighborhood school School in a nearby district Other Settings Start with the neighborhood school first! Consider Supplemental Aids and Services. Then move to other options; it is based upon a student’s needs.

IEP

Special Education Data Report

Using your own report, review the following pieces of information:  Percentage of children with disabilities receiving special education by disability – Is it disproportionate to the percentage of students in the state?  Is there any disproportionality based upon race or ethnicity?  Are children with disabilities educated with nondisabled peers to the maximum extent appropriate?