1. Montgomery Advertiser
In memory of
Mr. Detroit Lee
1917 _
2001
Montgomery Advertiser
Alabama State Department of Education, Special Education Services

2. 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
Alabama State Department of Education, Special Education Services

3. Alabama Desegregation Timeline
50 years ago
Brown v. Board of Education
40 years ago
Facilitator
Southeastern Equity Center
Alabama State Department of Education, Special Education Services

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

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

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

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

8. Alabama State Department of Education, Special Education Services
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
Alabama State Department of Education, Special Education Services

9. A Unitary School District Must Satisfy a Three-Pronged Analysis
Has the district complied with the court’s 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 court’s desegregation orders?
Alabama State Department of Education, Special Education Services

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

11. Green v. New Kent County (1968) The “Green” Factors
Student Assignment
Faculty and Staff Assignment
Transportation
Extracurricular Activities
Facilities
Alabama State Department of Education, Special Education Services

12. Alabama State Department of Education, Special Education Services
Unresolved Issues
Overrepresentation of:
Minority students identified with mental retardation
Minority students identified with emotional disturbance
Underrepresentation of:
Minority students identified with specific learning disabilities
Minority students identified as gifted
Alabama State Department of Education, Special Education Services

13. 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
Alabama State Department of Education, Special Education Services

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

15. Alabama State Department of Education, Special Education Services
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
Alabama State Department of Education, Special Education Services

16. Alabama State Department of Education, Special Education Services
“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.
Alabama State Department of Education, Special Education Services

17. Alabama State Department of Education, Special Education Services

18. How and Why Special Education
Evolved Nationally
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
(Friend and Bursuck, 1999)
Alabama State Department of Education, Special Education Services

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

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

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

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

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

24. How and Why Special Education Evolved Nationally (continued)
In 1975, P. L , the Education for All Handicapped Children Act, provided (continued):
Nondiscriminatory Evaluation
Due Process
Child Find
Alabama State Department of Education, Special Education Services

25. How and Why Special Education Evolved Nationally (continued)
In 1990, P. L changed the name to Individuals with Disabilities Education Act (IDEA):
Other provisions:
Autism and traumatic brain injury added
Transition emphasized
Preschool children’s services increased
Grants provided
Alabama State Department of Education, Special Education Services

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

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

28. 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
Alabama State Department of Education, Special Education Services

29. 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.
Alabama State Department of Education, Special Education Services

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

31. Alabama State Department of Education, Special Education Services
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.
Alabama State Department of Education, Special Education Services

32. Alabama State Department of Education, Special Education Services
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
Alabama State Department of Education, Special Education Services

33. Alabama State Department of Education, Special Education Services
The Problem
Overrepresentation of minority students with:
Mental retardation
Emotional disturbance
Underrepresentation of minority students with:
Specific learning disabilities
Intellectual giftedness
Alabama State Department of Education, Special Education Services

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

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

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

37. Alabama State Department of Education, Special Education Services
M3 Equals
Misidentification
Misassessment
Misplacement
Alabama State Department of Education, Special Education Services

38. 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.
Alabama State Department of Education, Special Education Services

39. EMOTIONAL DISTURBANCE
Specific Learning Disabilities
MENTAL RETARDATION
Emotional Disturbance
Mental Retardation
SPECIFIC LEARNING DISABILITIES
Alabama State Department of Education, Special Education Services

40. Disability Characteristics
AGGRESSIVE
SLOW
LEARNER
HYPERACTIVE
IRRESPONSIBLE
UNMOTIVATED
Disability Characteristics
IMPULSIVE
WITHDRAWN
DEFIANT
Alabama State Department of Education, Special Education Services

41. Characteristics of Mental Retardation
Difficulty in:
Focusing attention
Remembering information
Regulating one’s own behavior
Mastering academic tasks
Making friends
Harris,
Alabama State University
Alabama State Department of Education, Special Education Services

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

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

44. 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
Alabama State Department of Education, Special Education Services

45. 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
Alabama State Department of Education, Special Education Services

46. 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
Alabama State Department of Education, Special Education Services

47. 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
Alabama State Department of Education, Special Education Services

48. 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
Alabama State Department of Education, Special Education Services

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

50. Characteristics of Specific Learning Disabilities Summary (continued)
All 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
Alabama State Department of Education, Special Education Services

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

52. Characteristics of Emotional Disturbance (continued)
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
Pearson,
Troy State University
NICHCY
Alabama State Department of Education, Special Education Services

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

54. 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
Alabama State Department of Education, Special Education Services

55. Characteristics of Emotional Disturbance (continued)
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
Pearson,
Troy State University
NICHCY
Alabama State Department of Education, Special Education Services

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

57. Alabama State Department of Education, Special Education Services

58. 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)
Alabama State Department of Education, Special Education Services

59. Alabama State Department of Education, Special Education Services
Don’t 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
Alabama State Department of Education, Special Education Services

60. Alabama State Department of Education, Special Education Services
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
Alabama State Department of Education, Special Education Services

61. Student Characteristics
Motivation:
Cooperative environments
Family
Relationship with authority figures
Trust
Grossman
Friend and Bursuck
Alabama State Department of Education, Special Education Services

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

63. Student Characteristics (continued)
Impact on Test Results:
How is the student tested?
Who is testing the student?
What is really being tested?
Alabama State Department of Education, Special Education Services

64. Disability Characteristics
IRRESPONSIBLE
SLOW
LEARNER
AGGRESSIVE
HYPERACTIVE
UNMOTIVATED
IMPULSIVE
DEFIANT
WITHDRAWN
Alabama State Department of Education, Special Education Services

65. So What Does All This Mean? Student Characteristics
AGGRESSIVE
SLOW
LEARNER
HYPERACTIVE
UNMOTIVATED
IRRESPONSIBLE
Student Characteristics
IMPULSIVE
DEFIANT
WITHDRAWN
Alabama State Department of Education, Special Education Services

66. Alabama State Department of Education, Special Education Services?
What Is The Connection Between Disability Characteristics And Student Characteristics?
Alabama State Department of Education, Special Education Services

67. Alabama State Department of Education, Special Education Services
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
Alabama State Department of Education, Special Education Services

68. Alabama State Department of Education, Special Education Services
Referral
“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.
Grossman, 1995
Alabama State Department of Education, Special Education Services

69. Alabama State Department of Education, Special Education Services
Referral (continued)
“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).”
Grossman, 1995
Alabama State Department of Education, Special Education Services

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

71. 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
Alabama State Department of Education, Special Education Services

72. 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.
Alabama State Department of Education, Special Education Services

73. Special Education Services POLICY STATEMENT
Disability is a natural part of the human experience
and in no way diminishes the right of individuals to
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.
Alabama State Department of Education, Special Education Services

74. Alabama State Department of Education, Special Education Services
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
Alabama State Department of Education, Special Education Services