CONTEXT AND RESPONSIBILITIES Special Education

Legislation for the education of children with Special Needs US: Federal legislation (IDEA) Canada: Provincial legislation BC: School Act Charter of Rights and Freedoms that is relevant to special education is: 15(1): Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability (1985).

Eaton vs. Brant County Board of Education Child in segregated environment despite parents wishes Ontario Court of Appeal: “Unless the parents of a child who has been identified as exceptional by reason of a physical or mental disability consent to the placement of that child in a segregated environment, the school board must provide a placement that is the least exclusionary from the mainstream and still reasonably capable of meeting the child’s special needs.”

Discussion Question Do you agree that if a parent wants their child to be integrated, the board should have to place that child in an integrated classroom?

Eaton vs. Brant County Board of Education Supreme Court: Ruling overturned The decision to remove a child from an integrated setting must be governed solely by an individualized, case-specific consideration of what is in the best interests of that child. Discussion: What issues would you consider when asking yourself what is in the best interests of the child?

Ministry Policy of Inclusion Consistent with School Act “British Columbia promotes an inclusive education system in which students with special needs are fully participating members of a community of learners. Inclusion describes the principle that all students are entitled to equitable access to learning, achievement and the pursuit of excellence in all aspects of their educational programs. The practice of inclusion is not necessarily synonymous with full integration in regular classrooms, and goes beyond placement to include meaningful participation and the promotion of interaction with others.” How well have they addressed the issues you raised?

Inclusion Policy Cont’d: Placement Parent consultation: “A Board of Education must ensure that a principal offers to consult with a parent of a child who has special needs regarding the student’s placement in an educational program”. If possible: Full inclusion If inclusion is not meeting students’ needs: resource rooms, self-contained classes, community based settings or specialized settings.

Inclusion Policy Cont’d: Planning IEP necessary for all children with special needs unless:  little or no adaptations to materials, instruction or assessment  expected learning outcomes have not been modified  student requires 25 or fewer hours of remedial instruction by someone other than the classroom teacher, in a school year

Ministry Policy: Funding LEVELIDENTIFIED SPECIAL NEEDIDENTIFICATION CRITERIAFUNDING Level 1: Dependent Handicapped (A) Deafblind (B) Student has been identified by certified professional Board has submitted Form 1701 IEP is in place $36 600* Level 2: Moderate to Profound Intellectual Disabled (C) Physically Disabled, Chronic Health Impaired (D) Visually Impaired (E) Deaf/Hearing Impaired (F) Autism Spectrum Disorder (G) Student has been identified by certified professional Board has submitted Form 1701 IEP is in place $18 300* Level 3:Intensive Behaviour Interventions Serious Mental Illness (H) Student has been identified by certified professional Board has submitted Form 1701 IEP is in place $9 200* *Special Needs funding is provided in addition to the Basic Allocation ** These funds are not targeted to specific students; however, are provided to school districts to support the needs of students within their district.

Ministry Policy: Funding Cont’d The Basic Allocation includes funds to support:  Mild Intellectual Disability  Learning Disability  Moderate Behaviour Support/Mental Illness  Gifted. Implication: You don’t need a diagnosis to receive funding to support these students. Categorical approach Progress Monitoring/ Early Intervening

Discussion Question Do you believe that students should have to receive a diagnosis to receive support?

Comparing models CategoricalResponse to Intervention Teacher notices difficulty and refers the student for assessment Multidisciplinary team completes assessment Team meeting determines where students are eligible for services. (Tier 1) Teachers are responsible for monitoring progress of all students. (Tier 2) If students’ performance on measures used to monitor is markedly different from their peers they receive targeted group interventions that use research- based instructional strategies. Students’ performance must be measured regularly. (Tier 3) If students’ performance is not improving they will be referred to the school based team and may require intensive, individual interventions or special education.

Clicker Question Do you believe that RTI could be more useful than a categorical approach?

Roles and Responsibilities Class Exercise Get into 7 groups of 2-3  Ministry of Education  Board of Education  Principals  Teachers  Teachers’ Assistants  Parents  Students In your group read/discuss your responsibilities

Roles and Responsibilities Cont’d Get into groups with at least one member of each role. Read scenarios and talk about who would be involved in dealing with each scenario. Discuss whether you believe the responsibilities should be different then they are.