Serving Students with Disabilities in Indiana Office of Special Education Division of School Improvement

Clarifications for Serving Students with Disabilities Dear Colleague Letter from the Office of Special Education (OSEP), US DOE – November 2015 Reauthorization of ESEA – December 2015 Now the Every Student Succeeds Act (ESSA)

Dear Colleague Letter Clarifies… November 16, 2015 Ensuring that all children, including children with disabilities, are held to rigorous academic standards and high expectations is a shared responsibility for all of us. Read the first 3 slides and then go back to review highlighted area in each one… I highlighted shared responsibility. It is not just a special education or general education responsibility – It is a SHARED Responsibility. How many of you still hear teachers refer to the kids with disabilities as “your kids?” Does that imply that they belong to just you? That you are ultimately responsible for their success?? Maybe. Might be worth thinking about.

Dear Colleague Letter Clarifies… To help make certain that children with disabilities are held to high expectations and have meaningful access to a State’s academic content standards, we write to clarify… Pam High Expectations…Meaningful Access –Meaningful – It’s not just about access and opportunity, it’s also about engagement…Meaningful ACCESS

Dear Colleague Letter Clarifies… that an individualized education program (IEP) for an eligible child with a disability under the Individuals with Disabilities Education Act (IDEA) must be aligned with the State’s academic content standards for the grade in which the child is enrolled. Go back to the first slide to explain in more detail Highlight Content standards FOR THE GRADE IN WHICH THE CHILD IS ENROLLED

Dear Colleague Letter Clarifies… Research has demonstrated that children with disabilities who struggle in reading and mathematics can successfully learn grade-level content and make significant academic progress when appropriate instruction, services, and supports are provided. It is imperative that appropriate instruction, services and supports are provided in order for students to make significant academic progress.

Dear Colleague Letter Clarifies… Conversely, low expectations can lead to children with disabilities receiving less challenging instruction that reflects below grade-level content standards, and thereby not learning what they need to succeed at the grade in which they are enrolled. http://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/guidance -on-fape-11-17-2015.pdf

Dear Colleague Letter Clarifies… Expectations for IEPs Defines Free Appropriate Public Education (FAPE) as enabling a student to be involved in and make progress in the general education curriculum Based on the individual needs of the student Takes into account the impact of the child’s disability on his or her involvement and progress in the general education curriculum. Goals must be aligned to grade level content standards, must be achievable, must be sufficiently ambitious to close any achievement gaps. FAPE: Defined as an IEP which is designed to Enable the child to be involved in and make progress in the gen ed curriculum (defined as same curriculum as for non disabled children. Achievement gap is the gap between present levels of the student and the grade level standards. Not the gap between the performance of a SWD and a typical student’s performance

Dear Colleague Letter Clarifies… Interpretation of General Education Curriculum the same curriculum as for nondisabled children based on the State’s academic content standards for the grade in which a child is enrolled, regardless of the severity of the disability.

Dear Colleague Letter Clarifies… Reiterates Definition of Specially Designed Instruction “adapting, as appropriate to the needs of an eligible child, the content, methodology, or delivery of instruction to address the unique needs of the child that result from the child’s disability…so that the child can meet the educational standards…that apply to all children.” 34 CFR 300.39(b)(3)

Dear Colleague Letter Clarifies… For those students with significant cognitive disabilities, alternate academic achievement standards Must be aligned with grade level standards, May be restricted in scope or complexity or take the form of introductory or pre-requisite skills, CCC team should estimate the student’s growth toward grade level academic standards, Annual IEP goals are sufficiently ambitious to close the gap between the student’s performance and the grade level standards. What skills does a student need in order to work toward the content standards. Curriculum should always be aligned to grade level content standards.

Every Student Succeeds Act (ESSA) Regulations are currently being developed at the federal level, There are opportunities for stakeholder input and updates In coming months, IDOE will establish an ESSA Stakeholder Group. Pam the Dear Colleague Letter is closely aligned to ESSA..

Every Student Succeeds Act (ESSA) The Act applies to All students and All public schools Lessens federal requirements and allows states to determine appropriate accountability methods. Promotes high expectations Encourages Collaboration and Sharing Responsibility Althought the Act lessens federal requirements and allows states more autonomy in its accountability methods, it is clear from the ESSA language that the ESSA applies to all students and upholding the act will require collaboration of all parties. In order for ALL students to be held to High Expectations , administrators, teachers, other school personnel and parents need to share in the responsibility of educating ALL students.

Key Provisions of ESSA that Impact Students with Disabilities INSTRUCTION Retains requirements to adopt challenging, academic standards that apply to ALL public schools and their students, including students with disabilities States may adopt alternate achievement standards Pam the Dear Colleague Letter is closely aligned to ESSA..

Key Provisions of ESSA that Impact Students with Disabilities ASSESSMENT States must provide for appropriate accommodations including assistive technology Must be developed, to the extent practicable, using principles of Universal Design for Learning (UDL). Parents must be clearly informed if achievement will be measured based on alternate standards. Regarding ESSA, (read these) Explain UDL – The assessment must be designed in a manner that allows for all students to demonstrate what they Know and Understand. In other words, the assessment must be accessible to everyone regardless of their disability.

Key Provisions of ESSA that Impact Students with Disabilities ACCOUNTABILITY States must set challenging achievement goals for all students and ensure that meaningful progress is made toward those goals. All students must be measured annually using valid and reliable academic indicators allowing for meaningful differentiation in school performance States must ensure that for each subject, the total number of students with significant cognitive disabilities assessed using an alternate assessment does not exceed 1 percent of the total number of students in the state who are assessed in that subject. In terms of Accountability…

Key Provisions of ESSA that Impact Students with Disabilities OTHER States may not preclude a student with the most significant cognitive disabilities who takes an alternate assessment from attempting to complete the requirements for a regular high school. Prohibits states from counting lesser credentials, such as certificate of completion, certificate of attendance, or GED – as a regular high school diploma. Pam the Dear Colleague Letter is closely aligned to ESSA..

Links between Dear Colleague Letter and ESSA Access Equity High Expectations Shared responsibility Universal Design for Learning Multi-tiered Systems of Supports All students have the right to access equal opportunities to learn and grow. All students are capable of meaningful learning aligned with grade level standards. All school personnel and parents share the responsibility of educating all students. High Expectations lead to high performance Educating students with disabilities is a shared responsibility Ensure access to general education curriculum and grade level standards

OSE Transition Activities Continuing TA for Indicator 13: Transition IEPs Statewide Collaborative Transition Team Vocational Rehabilitation/Department of Workforce Development/Family Advocates/Department of Corrections etc. Working with VR to clarify the use of VR funds for transition Certificate of Completion Work Group Course of Study Course Descriptions Defining student employability skill sets for adult providers Collaboration between Teresa’s shop and DOE (Steve)