Special Education: Improving Learning for Students with Special Needs and Following the Rules

Lori A. Porsch

Curriculum/Special Educ. Director

Storm Lake Community Schools

Every thing you don’t want to know about special education…

But need to hear to survive as a building principal!

Course Objectives

Best practices in problem-solving Overview of IDEA/State Regs Concepts of FAPE, LRE, IEP Procedural safeguards and due process

requirements for special education-especially discipline policy

Identify current trends in educational strategies for students with disabilities

“Child Find is a serious civil rights issue.” Dr. Marty Ikeda, 2010

A Message From the Bureau Chief for the Child Find Team

Child find is a serious civil rights issue.

Our obligation starts with the right to evaluation, identification, and placements when circumstances warrant it. Students with disabilities are a protected class of individuals who have rights that must be protected and their identified needs addressed. Students with disabilities deserve an equal opportunity for life success regardless of disability status.

Dr. Marty Ikeda, 2010

To locate, identify and evaluate individuals with disabilities

To determine the educational needs of individuals with disabilities

Purposes of Child Find

Progress

Discrepancy

Needs

ELIGIBILITY IN IOWA

Educational Progress

Educational Discrepancy

Educational Needs

Eligibility Decision

Tells us whether or not interventions require special education resources.

Tells us how student responds to intervention.

Tells if student is different from standards of comparison and unique compared to peers.

Tells us what and how to teach.

ELIGIBILITY DECISION

Required Documentation for the PROGRESS Component What is the child’s rate of skill acquisition?

What is the expected rate of skill acquisition (standard and/or peers)?

Based on the previous two questions what can the team predict about the amount of time it will take for the child to reach the standards and “catch up” with his/her peers?

Under what conditions did the child experience the most growth?

IMPLEMENTATION INTEGRITY

Was the intervention implemented as designed?

Helps distinguish between an ineffective intervention and a poorly implemented intervention ●Consider

implementation integrity in combination with student progress data

UNIQUENESS MUST ALSO BE CONSIDERED WHEN DETERMINING DISCREPANCY

Uniqueness specifically refers to a comparison with local peers

AND Comparing the

individual to others with similar experiences

What does it mean to be unique?

Discrepant vs. UniqueDiscrepantDiscrepancy can be determined compared to any standard, including; national standards, benchmarks, etc.

Ex. DIBELS score is in the “Well-below Benchmark” range

UniqueUniqueness specifically refers to a comparison with local peers and…Comparing the student to others with similar experiences

Ex. DIBELS score is below the other 3 students in the group.

ANALYSIS OF EVALUATION DATA

Review

Interview

Observation

Test/Tasks

Statement of Individual’s

Educational Needs

Instruction

Curriculum

Environment

Learner

Procedures Manual 2010

Exclusionary Factors

The Purpose of Considering The Purpose of Considering Exclusionary FactorsExclusionary FactorsExamination of exclusionary factors assures that students are not identified as disabled because:they have not had access to the curriculum and appropriate instruction as well as the opportunity to learn,

orthey have been affected by a circumstance that is clearly not a disabling condition (e.g., limited English proficiency).

Exclusionary Factors:Exclusionary Factors:Access and OpportunityAccess and Opportunity

Appropriate Instruction in Math and/or Reading

Limited English Proficiency Cultural Factors,

Environmental or Economic Disadvantage

Eligibility DecisionEligibility Decision

Educational Progress

Educational Discrepancy

Educational Needs

Eligibility Decision

Tells us whether or not interventions require special education resources.

Tells us how student responds to intervention.

Tells if student is different from standards of comparison and unique compared to peers.

Tells us what and how to teach.

ELIGIBILITY DECISION

Does Not Demonstrate a Disability

Demonstrates a Disability

Do

es

No

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em

on

stra

te N

ee

dD

em

on

s tra

tes

Ne

ed

GeneralEducationServices

General Education Services

With or Without 504Accommodations

General Education Services with

Additional Supports

Special EducationServices

and Supports

Conclusion: High Stakes DecisionConclusion: High Stakes Decision

“Child Find is a serious civil rights issue.” Dr. Marty Ikeda, 2010

Components of a Response to Intervention Model

Accountability Multiple tiers of intervention Evidence based interventions Progress monitoring with an evaluation process for

change and decision-making Decision-making at all levels driven by the child’s

response to an intervention Problem solving

General Education Intervention

Involves LEA and AEA resources when a concern is identified

Is a process to find interventions and strategies to help all students be successful (may include GT or ELL students)

Utilizes Response to Intervention components

Has a record form

Problem-solving systems in your own school districts

Discuss with partner/table how you handle Child Study Process - when, who involved, documentation, parent involvement

Individuals with Disability Education Act

Federal legislation – original law in 1975 with reauthorizations in 1990,1997 and 2004;

Interpretations from federal Department of Education and Office of Special Education (OSEP)

Translated into state regulations from Iowa Department of Education

Key Parts of IDEA

Eligibility- interpreted by state and AEA Disability areas – no child uneducable

– Cedar Rapids CSD vs. Garrett F. (1997) Ages birth to 21 years old Determined by multidisciplinary IEP team Reevaluation every three years- to confirm

eligibility and programming Due process rights for parents

Free Appropriate Public Education (FAPE)

Every child under IDEA and 504 is eligible to receive a free, appropriate public education

Public Education

School where students without disabilities attend

Typically means preschool, elementary, middle or high school environment

Children with disabilities placed by parents in private schools do NOT have a right to FAPE –it suffices that it is offered by public school at one of there facilities

Appropriate Education

Determined on case by case basis Student to receive “educational benefit” –

not the provision of the best possible education

Does not stipulate methodology – parents have a right to advocate that their children be successful – not how to do it.

Funding may not be an issue

Individualized Education Programs Written document Developed collaboratively by team

including parents Binding agreement as to delivery of

services to students Must correlate with standards and

benchmarks of general curriculum Year in duration

IEP Considerations

Inclusion of general education perspective Parental participation Due process rights to notify and inform

parents; initial consent Determine services needed first, then

placement Specifics of what will be delivered If you include it—it must be done!

Least Restrictive Environment LRE is legal mandate that requires that students

with disabilities receive their education in the regular classroom environment to the maximum extent appropriate

Targets segregated or special schools and classes Terms “mainstreaming” and “inclusion” have no

legal standing Instruction needs to have relationship to general

education expectations (i.e. Standards/Benchmarks)

When are schools not required to have students in general ed Student not receiving sufficient education

benefit even with provision of supplementary aids and services

Placement would substantially interfere with learning of others – teacher time or disruptive behavior

Require so much curriculum modification that programming altered significantly

Other LRE considerations

Applies to extracurricular activities and nonacademic services

Does not preclude provision of “continuum of services” by district

Does necessitate that districts move to more restrictive placement with parental due process rights and notification

Other IEP considerations

Transportation Assistive Technology District-wide Assessment Transition

Discussion

What IEP questions or concerns have come up in your experience?

Due Process

Principal vehicle for resolving disputes between parents and school districts concerning identification, evaluation, placement or provision of FAPE

Complaint filed by parent May result in mediation or hearing Includes “stay-put placement”

Special Education Finance

Federal responsibility

State guidelines

Federal IDEA Funding

Currently about 17% Part B money – 50/50 split with AEAs Current plan in Iowa to be spent to curtail

budget deficits and utilized for salaries Based on eligible identified students

State Guidelines

Level of weighting determined by AEA special education director or his/her designee

Based on level of service provision determined by staffing team

Level I – 1.72, Level II – 2.21, Level III – 3.74

Provisions for high costs students (over $30,000) to apply to state for assistance

Discipline Procedures and Special Education

How to stay out of due process and still run your school program

IDEA and Discipline

Disciplinary code may apply if not ruled as result of their disability

Cannot exceed 10 days of in or out of school suspension; Best practice to reconvene IEP team to determine appropriateness of program by day 7

May not pursue expulsion without safeguards If serious safety issues involved (weapons, drugs,

alcohol) should convene team to complete Manifestation Determination

Should have in place…

When behavior becomes issue for student with disability, complete Functional Behavioral Assessment (FuBA)

Behavioral intervention plans for students with significant behavioral issues in school (BIP)

Consideration for development school-wide of positive behavioral supports for these students as well general education

Zero Tolerance and the Law

Stay put unless concern for safety of others and must be done within IEP staffing process

Conduct Manifestation Determination with IEP team

If not result of their disability, may pursue expulsion

If result of disability, an interim alternative educational setting for up to 45 days

Must consider FAPE for alternative program

Highly Qualified Personnel

Interface of NCLB and IDEA 2004 Elementary teachers must hold elementary

endorsement and special ed. Endorsement Middle/High School

– Must hold spec. ed. Endorsement– Core content endorsement for each subject

taught– Provide consultative or co-teaching services

Differentiated Instruction

“While we are all in the same room--we are not in the same place.”

Bob Garmston

Differentiated teaching and learning is the proactive use of a wide repertoire of curricular and instructional approaches which are consistently used with students with diverse needs, abilities, strengths, experiences, and interests in order to best support their learning.

“Parents are sending us the best kids they have--they aren’t keeping the good kids at home.”

Larry Lazotte

“We’ve been shooting water guns in education-a small stream of water down the middle of the class.

We’ve got to figure out how to be oscillating sprinklers-and know where to put the soak hoses from time to time.”

School Administrator

Essential Elements of DI

Proactive More qualitative than quantitative. Provides multiple approaches to content,

process, product and assessment. Student centered-Teacher directed Blend of whole class, small group and

individualized instruction.

Underlying Premise:

All students can learn--

But not all students can learn everything.

Looking at Differentiated Lessons

Seven Myths of Learning Some portion of our anatomy must be in contact with a chair

at all times. The person who does the most listening does the most

learning. The best way to teach is to be a “sage on the stage” and

lecture. If we’d only listen, we’d learn more. The more “serious” the learning, the more we will remember. Fun is marginal to learning. The only person who should give information is the teacher.

Brain-Compatible Instruction

Focus on student understanding Active learning Authentic tasks Limit instruction to important ideas Overall-meaningful, relevant and hook to

prior knowledge Non-threatening environment

Lecture 5%

Reading 10%

Audio-Visual 20%

Demonstration 30%

Discussion 50%

Practice by Doing 75%

Teach Others /Use 95%

Principles of Differentiated Instruction

Differentiated Instruction

Guiding Questions Should challenge the best students Motivate those not terribly interested in

school Include students with extraordinary needs What you expect students to remember

from this unit now? ….a year from now?

Differentiated Teaching and Learning

Identify key concepts, guiding principles or essential questions, and desired outcomes.

Differentiate levels of student understanding within the identified key concepts, principles or questions and outcomes.

(Robi Kronberg)

Differentiation (Continued)

Determine which skills are important for the students to learn, review and apply.

If relevant to your particular context, identify which district objectives or standards might interface with the unit or topical area. (Robi Kronberg)

Differentiation (continued)

Given the range of student needs, abilities, strengths and experiences, determine how students can best learn about the identified concepts, principles, or essential questions.– Select product options that will encourage

students to apply their learning from the unit as well as integrating the knowledge and skills from the unit with previous knowledge and experience.

(Robi Kronberg)

Differentiation (continued)

Select formative and summative assessment approaches that can be used throughout the unit to provide helpful feedback to both students and staff.

(Robi Kronberg)

Think-Pair-Share

What’s one new concept you learned about differentiating instruction?

Assistive Technology

IDEA, Title 34, CFR, Sec 300.308

Each public agency (school) shall ensure AT when required by a child’s IEP: special education,related services, supplemental aids and services

Schools Must Provide AT to ensure FAPE Access issue-Able to participate in

education Not just to utilize as an instructional

strategy No cost to parents Maintenance for devices Does not apply to surgically implanted

devices (cochlear implants)

Addressing Assistive Technology on the IEP

A Flowchart of Primary Questions

Step #1

“What is it we want the child to be able to do within the educational setting that he/she isn’t able to do because of his/her disability?”

Step #2

“What has been tried to meet the special education need?

Step #3 ASK - “Is it Working?” Yes, is is working. Action: Provide

documentation and evidence to support conclusion.

No, it is not working. Action: Proceed to

Step #4.

Step #4 Ask the questions... “What was tried?” “How long was it tried?” “How was it tried?” “What were the results?”

Step #5

“Do we, as the IEP team, have the necessary knowledge and resources to continue to try and meet student’s special ed. needs?”

Step #5 Yes, we do. Action: Develop a

plan of action to meet the specific needs of the student.

No, we do not. Action: Seek

additional assistance.

Step #6 Ask... “What will be tried?” “Under what conditions will it be tried?” “In what environment will it be tried?” “What is the criteria for determining

whether or not the need is being met?”

Determining Effectiveness Increased independence Task mastery Rate at which task is accomplished Stamina to accomplish tasks(s) Accuracy Attentiveness Increased interactions ---Other criteria

Criteria for Evaluating a Device Safety Performance Ease of Use Aesthetics Costs

Convenience Flexibility Maintenance Liability

Student Related Issues Is the student able and

willing to accept the technology?

What is the student’s involvement and what are his or her expectations?

Will device be acceptable in social/cultural setting?

Time requirements for training, preparation, supports?

Will this move student toward goals?

Concerns Purpose of

technology? Reasonable assurance

that it will meet needs?

Will technology be accepted?

Physical, emotional & social implications associated with using the technology

Amount of support & involvement needed

Is the technology manageable?

Step #7 Remember, consideration is an ONGOING

PROCESS. Change in the environment, student skills or

needs and new technology may influence the process.

Continue to ask, “Are the needs being met?”

Devices to consider…

NEO Voice output Computer software Kurzweil

*States required to adopt National Instructional Materials Accessibility Standards - alternate format for materials

What are you most afraid of?

Law Staff Parents Students Systems

Utilize your resources

AEA staff State agencies Parent contacts Colleagues NETWORK!

Lori A. PorschCurriculum/ Special Ed. Dir. Storm Lake Schools

lporsch@slcsd.org

419 Lake Avenue, SL 50588

712-732-8060