1. Phase II: Schools, Families, Communities and Disabilities
Rebecca Durban and Jessica Martin
GDIT 819

2. History & Law: Special Education
“Prior to the 1970s, millions of children with disabilities were either refused enrollment or inadequately served by public schools. After securing some initial government support for special education efforts, advocates shifted to an emphasis on educational rights, an orientation strongly influenced by the civil rights movement” (Stanberry, 2015).
Between the mid 1960s and 1975, state legislatures, the federal courts, and the U.S. Congress spelled out strong educational rights for children with disabilities.
Forty-five state legislatures passed laws mandating, encouraging, and/or funding special education programs.
Federal courts, interpreting the equal protection and due process guarantees of the Fourteenth Amendment to the U.S. Constitution, ruled that schools could not discriminate on the basis of disability and that parents had due process rights related to their children’s schooling.
Sources: Martin, Martin, & Terman, 1999 p.25 & Stanberry, 2015

3. History & Law: Special Education
Congress revised and renamed the “Education for a Handicapped Children Act (1975)” to IDEA in 1990 and revised it again in 2004.
(IDEA), laid out detailed procedural protections regarding eligibility for special educational services, parental rights, individualized education programs (IEPs), the requirement that children be served in the least restrictive environment, and the need to provide related (noneducational) services.
Decisions on instructional matter ssuch as curricula and the elements of the IEP remain the province of local and state authorities.
Source: Martin, Martin, & Terman, 1999 p.25

4. Individuals with Disabilities Education Act (IDEA)
Ensures services to children with disabilities through out the nation.
Governs how states and public agencies provide early intervention, special education, and related services to eligible infants, toddlers, children, and youth with disabilities
Part B (ages 3-21
Part C (ages birth-2)
Source: (2015)

5. There are several possible reasons for the decline, among them:
Expansion of and attention to early childhood education, including universal preschool and the use of early screenings and diagnostic evaluations to support school readiness, is increasingly common.
Students With Multiple Disabilities
School-age students eligible for special education services are reported only by their primary disability. However, many students have multiple disabling conditions and may receive a variety
of services to address conditions that interfere with their educational progress.
A 2001 study found that schools reported 30 percent of students with a primary disability of LD also had a secondary disability, while 7 percent had two or three additional disabilities, such as speech/language impairments or emotional disturbance.
(SEELS Wave 1 School Program Survey, 2001)
„  Improvements have been made in reading instruction provided in general education, making reading difficulties—a characteristic of most students classified as having LD—less prevalent in our nation’s elementary schools.
„  A dramatic shift in the way LD is identified. Changes made to the 2004 version of IDEA and its 2006 regulations required all states to develop new criteria for LD identification and eliminate the requirement for an “ability versus achievement” discrepancy. As a result, states have developed a variety of ways to identify LD. Many include the use of Response to Intervention (RTI) (see box, page 14), which might result in greater numbers of struggling students receiving early assistance in general education and ultimately reducing the need for special education classification.

6. „ LD is the largest category of students receiving special education services.
• There are 2.4 million American public school students (approximately 5 percent of the total public school enrollment) identified with learning disabilities under the Individuals with Disabilities Education Act (IDEA).
• Forty-two percent of the 5.7 million
school-age children with all kinds of disabilities who receive special education are served in this category

7. What is Special Education? Video
Link:

8. Individualized Education Program (IEP)
Definitions:
“An IEP is an important legal document. It spells out your child’s learning needs, the services the school will provide and how progress will be measured” (Stanberry, 2014).
“An IEP defines the individualized objectives of a child who has been found with a disability, as defined by federal regulations. The IEP is intended to help children reach educational goals more easily than they otherwise would. In all cases the IEP must be tailored to the individual student's needs as identified by the IEP evaluation process, and must especially help teachers and related service providers understand the student's disability and how the disability affects the learning process” (Wikipedia, 2015).
Source: (2015)
*An IEP includes the disability under which the child qualifies for Special Education Services (also known as his classification), the services the team has determined the school will provide, his yearly goals and objectives and any accommodations that must be made to assist his learning.
*Reviewed yearly to determine if any changes/revisions are necessary based on the child’s performance.

9. Individualized Education Program (IEP)
A written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with 34 CFR through , and that must include:
The child's present levels of academic achievement and functional performance.
Measurable annual goals, including academic and functional goals
For children with disabilities who take alternate assessments aligned to alternate achievement standards, a description of benchmarks or short-term objectives.
The special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child
Any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on State and district-wide assessments consistent with section 612(a)(16) of the Act.
A description of
How the child's progress toward meeting the annual goals described in 34 CFR (a)(2) will be measured.
When periodic reports on the progress the child is making toward meeting the annual goals (such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards) will be provided.
*An IEP includes the disability under which the child qualifies for Special Education Services (also known as his classification), the services the team has determined the school will provide, his yearly goals and objectives and any accommodations that must be made to assist his learning.
*Reviewed yearly to determine if any changes/revisions are necessary based on the child’s performance.
Source: (2015)

10. Steps in the IEP Process
Pre-referral
Referral
teachers, parents, or doctors make a request or referral for evaluation.
Identification
Evaluation-Requested by doctors, parents, teachers that include various tests and observations. The IEP Team the reviews the information from the testing. (60 calendar day timeline by law)
Eligibility
Decision-The IEP team, which includes parents and school officials, decides whether or not your child needs special education services in order to learn the general education curriculum. IDEA says that having any of 13 disabilities may qualify a child for special education
IDEA '04 stresses the importance of an activity it calls "child find," where those with disabilities are actively sought. (Especially for infants, toddlers, and preschoolers)
Referrals can come from parents, a social service agency, public health nurses, day care professionals, or a doctor.
Young children who are at risk of having disabilities because of improper prenatal care, low birth weight, accident or trauma during infancy, or child abuse are referred for special services.
Sources: Stanberry, 2015
Source: (2015)

11. Steps in the IEP Process (Cont.)
Development of the IEP
If the IEP team agrees that your child needs services, then the next step is to create an IEP.
Bylaw, all IEPs must contain the following elements:
Your child’s present levels of educational performance (PLOP): This is a thorough description of the child’s current abilities, skills, weaknesses and strengths.
The results of your child’s evaluations and tests
Special education and related services to be provided
Accommodations and modifications
Supplementary aids and services
Annual educational goals
A description of how the child’s progress will be measured and reported
An explanation of how much the child will participate in general education classes and extracurricular activities
Implementation of the IEP
Evaluation and reviews
Accommodations are changes in how a child shows what he has learned. They can help your child work around his learning issues.
Modifications are changes in what is taught to or expected of a student. Some IEPs have what’s called “modified promotional criteria.” This defines the percentage of grade-level expectations a child must meet to move on to the next grade.
Sources: Stanberry, 2015

12. Who Participates in the IEP Process
The child’s IEP team creates the IEP.
Each person on the team plays an important role. By the law, the team includes:
The student’s parent(s). IDEA gives parents the legal right to participate in all of their child’s IEP meetings. As the parent, you’re a full and equal member of the team. After all, you probably know your child’s strengths and struggles better than anyone else. Your concerns and suggestions about his education are invaluable.
At least one of the child’s general education teachers.
At least one special education teacher or other special education provider.
A school district representative knowledgeable about both general education and special education. This person also should have the power to make decisions that involve school resources. In other words, if the school rep thinks your child should be given speech therapy, she should have the power to make that happen.
A school psychologist or other specialist who can interpret the student’s evaluation and test results.
Sources: Stanberry, 2015

13. What Happens in an IEP Meeting?
What happens at IEP meetings?
The law requires the IEP team to review the IEP at least once a year. But the IEP team can meet any time the parent or the school want a meeting. Many teams meet more often than once a year.
The IEP meeting is key to making sure the child’s IEP is working for him/her. It gives parents a chance to discuss with teachers your child’s weaknesses and strengths and can be done to modify goals, adjusting expectations, or give the child more, less, or different kinds of services and support.
The IEP meeting is when the parents, teachers, and the school give and get input on how the child is doing
Sources: Stanberry, 2015

14. Parents Have Rights…
Parents can dispute an IEP if they are not in agreement or feel that the child is not receiving what they need.
There are steps they can take and are usually taken in the following order:
Ask for a mediation session.
File a due process complaint.
Hold a resolution session.
File a civil lawsuit.
When an agreement is reached it should be in writing.
If the school doesn’t automatically offer a mediation session, parents can request one in writing. In this meeting, a mediator helps each party express their positions and understand those of the other parties. The mediator manages the discussion and helps the group reach an agreement. The mediator does not recommend solutions or take sides.
2. If they are not satisfied with the results of the mediation, they can request a due process hearing by writing an official letter, also called a “complaint.” A due process hearing is a formal meeting where parents and school officials present arguments and evidence to a hearing officer or administrative law judge. This person is not an employee of the school district.
The parents and the district are allowed to bring attorneys and present evidence. (Each state has different procedures; consult your state department of education to find out how to file this complaint and what to include in it.)
3. Before the due process hearing, the school district is required to hold what’s called a resolution session. This is a meeting between parents, key members of the IEP team and someone authorized to make decisions for the district. Parents may bring an attorney but are not required to. The school district can only bring an attorney if a parent does.
4. This is the next option if parents are not satisfied with the result of the due process hearing. It’s the most extreme option available to parents. It requires that parents hire an attorney and go through extensive legal proceedings.
Sources: Stanberry, 2015

15. What causes most disputes?
PLACEMENTS!!!
This where the Least Restrictive environment comes into play and the law can get a bit fuzzy!
Sources: Stanberry, 2015

16. Least Restrictive Environment (LRE)
What is LRE?
Identified in the U.S. Individuals with Disabilities Education Act
By law, schools are required to provide a free appropriate public education (FAPE) in the least restrictive environment that is appropriate to the individual student's needs.
LRE was a main topic in the 1980s and 1990s, but the focus of this time was not the “how” children with disabilities should be educated, but the “where” children with disabilities should be educated.
Identified in the U.S. Individuals with Disabilities Education Act as one of the six principles that govern the education of students with disabilities and other special needs
In the 80s and 90s, The focus of the time was on the location of the child, not the instruction.

17. Concerns with Least Restrictive Environment
Is least restrictive environment always best for children with disabilities?
Does least restrictive environment mean full inclusion in the general education classroom?
Source: Cortiella, C., & Horowitz, S. H. (2014)

18. What does the LAW say?
Daniel R.R. v. State Board of Education (1989)
Determined that students with disabilities have a right to be included in both academic and extracurricular programs of general education
If the school officials have provided the maximum appropriate exposure to non-disabled students, they have fulfilled their obligation under IDEA.
Does not clearly state to what degree the least restrictive environment is
Courts have had to interpret the LRE principle.

19. Law Con’t…
Sacramento City Unified School District v. Rachel H., 14 F.3d 1398 (9th Cir. 1994)
4 factors needed to be taken into consideration when determining if the student’s LRE is appropriate:
The educational benefits of integrated settings versus segregated settings,
Non-academic benefits (primarily social interaction with non-disabled peers),
The effect the student with a disability can have on the teacher and his or her peers, and
The cost of supplementary services that will be required for that student to stay in the integrated setting

20. The LRE Mandate
“to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled, and that special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.” (IDEA, 20 U.S.C. § 1412)

21. Continuum of Alternative Placements
The Office of Special Education and Rehabilitation Services (OSERS)
“that some children with disabilities may require placement in settings other than the general education classroom in order to be provided with an education designed to address their unique needs” (Letter to Goodling, 1991, p. 214).
The Office of Special Education and Rehabilitative Services (OSERS) is a program of the United States Department of Education. OSERS' official mission is "to provide leadership to achieve full integration and participation in society of people with disabilities by ensuring equal opportunity and access to, and excellence in, education, employment and community living."

23. IDEA and the Continuum Alternative Placements
Regulations for School Districts:
Each [school district] shall ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services
Include the alternative placements
Instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions
Make provision for supplementary services to be provided in conjunction with regular class placement. (IDEA Regulations, 34 C.F.R. § )

24. Who Decides Placement? Parents of the child with disabilities
Personnel who know the variety of placement options available to meet the child’s needs
Individuals who understand the significance of the data used to develop the child’s IEP. [§ (a)]
*Often, these are the same individuals that are on the child’s IEP team.

25. How is the Placement Determined?
Determined each and every year
Based on the child’s IEP
As close as possible to the child’s home
Places the child in the school he or she would normally attend if not disabled (unless the child’s IEP requires some other arrangement). [§ (a)-(c)]

26. Notification
Parents must have prior written notice about the placement decision a reasonable time before it implements that decision (§ ).
Notice must include ( but not limited to):
The educational placement of the child to be initiated, as proposed by the agency
An explanation of why the agency proposes that placement
A description of each evaluation procedure, assessment, record, or report the agency used as a basis for the placement decision
A description of other options considered and why these options were rejected
A statement that the parents have protection under IDEA’s procedural safeguards and the means by which a description of those safeguards may be obtained
Sources that can help the parents understand IDEA’s pertinent provisions.

27. Placement Types LRE can lead to a variety of placement types.
(many out there- these are some that we have seen in the field)
General Education
Learning Support
Life Skills
Autistic Support Classroom
Emotional Support Classroom
Behavioral Support Classroom
Full Inclusion with supplementary aides
Home Bound Instruction
Hospital Bound Instruction
Residential Placements
Specialized School or Charter Schools
Invite classmates who are teachers to share placement types….???

28. Related Services LRE can lead to a variety of related services.
Occupational Therapy
Physical Therapy
Adapted Physical Education
Speech Therapy
School Counseling
Behavior Coach Support
Reading Coach Support
Learning Support Push-In
Supplementary Aide Supports

29. The number one reason young adults with LD do not complete postsecondary education—affordability—
doesn’t differ from the general population. Interestingly, not getting needed services was a relatively insignificant factor in non-completion. In contrast, almost half (44 percent) of students who didn’t receive extra help with schoolwork reported that such help would have been beneficial.

30. Few young adults with LD (19 percent) reported that they have employers who are aware of their disability—the lowest rate of all disability categories. Fewer than one in 20 reported receiving accommodations in the workplace.
This low rate of disclosure in the workplace suggests that too few adults with LD take advantage of
the rights afforded to them under the Americans with Disabilities Act (ADA). This was confirmed by a 2003 study that found that over two-thirds of adults with LD had never heard of the ADA or were not confident enough to use it to secure needed accommodations that they were entitled to and that they knew could help them perform tasks required of them on the job.

31. One Final Thought… Video Link: https://youtu.be/lvkJhkRMfNg

32. References:
Cortiella, C., & Horowitz, S. H. (2014). The State of Learning Disabilities: Facts, Trends and Emerging Issues. New York: National Center for Learning Disabilities. Crockett, J. B., & Kauffman, J. M. (2013). The least restrictive environment: Its origins and interpretations in special education. Routledge. Daniel R.R. v. State Bd. of Educ., 874 F.2d 1036, 1050 (5th Cir.1989) Dybwad, G. (1980)Avoiding the misconceptions of mainstreaming, the least restrictive environment, and normalization. Exceptional Children, 47, Hocutt, A. (1999). Effectiveness of Special Education: Is Placement a Factor?. Special Education for Students with Disabilities, 6(1), pp IDEA (2015): Martin, E., Martin R., & Terman, D. (1999). The Legislative and Litigation History of Special Education. Special Education for Students with Disabilities, 6(1), pp Stanberry, K. (2014). Understanding Individualized Education Programs. Retrieved on June 9th, 2015 from