What Every Principal Needs to Know About Special Education Margaret J. McLaughlin

Section 1 – Creating Quality Special Education Understanding the Basics of Education IDEA – Individuals with Disabilities Education Improvement Act – is a federal law that governs special education. It is a combination of civil rights and education laws. 1. FAPE- free, appropriate public education 2. LRE - Least Restrictive Environment

Appropriate Education IDEA and courts define “appropriate” as an education that is provided in accordance with the child’s IEP. Related services: Transportation Speech and language Occupational therapy Technology Recreation

THE IEP (The Individualized Education Program) The IEP is a legal entitlement to FAPE and defines the specially designed instructional services to meet the needs of the child. IT IS CENTRAL TO SPECIAL EDUCATION! An IEP must include these major components: 1. Assessment of the student’s areas of need 2. Individualized annual goals 3. Measures of progress toward goals 4. Services that will be provided 5. Settings in which services will be provided

Responsibility of the Principal: Make sure sufficient time is given to IEP teams to fulfill their responsibilities. Support the IEP process logistically as well as being a proactive member. Ensure accessibility of IEPs to each person responsible for implementing the IEP. Assume leadership role in ensuring that the services specified in the IEP is provided.

LRE and Eligibility Response to Intervention (RTI) Too many students are referred and found eligible for special education because of inadequate and inappropriate general education instruction. Results: Increased numbers Increased costs Increased paperwork Possibility of stigmatizing students with labels and low expectations

Procedural safeguards: guarantee student and parent involvement 5th and 14th amendments of the U. S. Constitution guarantees that no person shall be deprived of life, liberty, or property without due process of the law. Safe guards: An independent educational evaluation (IEE) Notification of any action proposed by the district. Access to the student’s entire educational record Mediation, resolution sessions, and due process hearings to resolve complaints. Request “stay put” Interim settings Due process hearings File a civil action to appeal a hearing decision Reasonable attorney’s fees

Discipline and the IDEA “Disciplinary procedures applicable to children without disabilities may be applied to the child in the same manner and for the same duration as would be applied to children without disabilities.” Exceptions: Services may not be stopped The behavior must be addressed The behavior must be linked to the student’s disability.

Other Important Laws Affecting Students With Disabilities No Child Left Behind: Schools are accountable for achieving “Adequate Yearly Progress” in several subgroups of students, students with disabilities is one of them. Students with disabilities must participate in all state and local assessments and the results reported separately and as a part of the larger group. “SWD will be instructed in the same grade-level content standards that have been established for all other students.” Assessment: Assessment with no accommodations. Assessment with accommodations. Alternate assessment based on grade level, modified, or alternated achievement standards.

Section 504 of the 1973 Vocational Rehabilitation Act Section 504 prohibits discrimination of persons with disabilities in all federally supported programs. It is broader than IDEA in terms of which students are covered. 1990 Americans with Disabilities Act (ADA) Civil rights law that protects persons with disabilities in employment. Social Security Act Medicaid State Children’s Health Insurance Program Supplemental Security Income – provides payment to families of children under 18 who meet specific criteria of physical or mental impairment.

Federal? State? Local? Everything that has been described so far is federal! Each state has its own rules that interpret the federal requirements. Local districts must make up policies and procedures that are consistent with federal and state laws. May have additional requirements.