making special education eligibility decisions · low incidence students with low-incidence...
TRANSCRIPT
Making Special Education Eligibility Decisions
Presented by: Lizette Fernandez
Welcome • Everybody stand up
– Raise your hand if you are an ESE Teacher
– Raise your hand if you write and/or participate in IEP meetings
– Raise your hand if you teach Primary (K-6)
– Raise your hand if you teach Secondary (7-12)
Those participants who have been teaching for more than 5 years may remain
standing
Those participants who have been teaching for more than 10 years may remain standing
Those participants who have been teaching for more than 20 years may remain standing
Presentation Objectives Provide steps and responsibilities to determining eligibility for Special Education.
Understand the goal of special education
Understand the process for determining eligibility
Identify legal requirements of an individual education plan.
Identify responsibilities of general education and special education teachers for providing appropriate instruction to students with disabilities.
Special
Education
Law
The Individuals
with Disabilities
Education Act (IDEA)
(IDEA) lists 13 categories of special education each with
its own detailed requirements.
Special education pertains to student's aged 3-22 who attend a
PUBLIC INSTITUTION.
Official List of Disabilities (under ADA, IDEA and Section 504 of the Rehabilitation Act)
• Autism
Autism Spectrum Disorder (ASD)
• Intellectual Disabilities (InD)
• Specific Learning Disability (SLD)
• Emotional Disturbance
Emotional/Behavioral Disability (EBD)
• Traumatic Brain Injury (TBI)
• Speech or Language Impairments (SI) (LI)
• Orthopedic Impairments (OI)
• Visual Impairment, including blindness(VI)
• Other Health Impairments (OHI)
• Deaf-Blindness
• Deafness and Hearing Impairment
Deaf or Hard-of-Hearing (DHH)
• Multiple Disabilities
• Developmental Delay (DD)
IDEA includes 13 primary terms under the main definition of “a child
with a disability.” These federal definitions guide how states define who is eligible for a free appropriate public education under special education
law.
High and Low-Incidence U.S. Department of Education,
Office of Special Education Program
High Incidence
About 80% of all Students with Disabilities, ages 6-21
• Specific learning disabilities – 49.2%
• Speech or language impairments – 18.6%
• Intellectual disabilities – 10.3%
• Emotional disturbance – 8.1%
Students with high-incidence disabilities make up 80% of all students with disabilities. Friend and Bursuck (2012) say students with High-Incidence disabilities share these characteristics: Often hard to distinguish from students without disabilities, especially in non-school settings. Often display a combination of academic, behavioral and social problems. Can meet same standards as students without disabilities when highly structured interventions are put into place. .
High and Low-Incidence U.S. Department of Education, Office of Special Education Program
Low Incidence
Deaf-blindness – 0.03%
Traumatic brain
injury – 0.37%
Visual impairments
– 0.43%
Developmental delay – 1.09%
Orthopedic impairments –
1.1%
Hearing impairments –
1.2%
Multiple disabilities
– 2.2%
Other health impairments
– 7.5%
Autism – 2.3%
Low Incidence
Students with low-incidence disabilities make up 20% of all students with disabilities. Friend and Bursuck (2012) say students with low-incidence disabilities: have received some type of special education service since birth need the same attention as students without disabilities includes students with moderate to severe intellectual disabilities (IQ < 50) may have a developmental delay
My Life With a Learning Disability
How does the law define a “child with a disability?”
The term “a child with a disability” means: A child evaluated according to IDEA as having 1 or more 13
disabilities
and
Who, by reason thereof, needs special education and related services.
Determining Special Education
Eligibility
Criteria states that to qualify for special education
services:
a child must have one of the
13 disabilities as defined by IDEA
AND
the impact of the disability must
create a need for services.
Establishing Educational Need for Special Education
• Having one or more of the disabilities specified by IDEA
• Student must experience a lack of academic/behavioral success
• The presence of a discrepancy alone does not establish need
• If a child’s performance is NOT hindered by their disability, they may not qualify for services, even if they have one of the
thirteen disabilities.
Examples of adverse impacts include:
A discrepancy between
performance and ability
Limited progress, or deficiency in cognitive areas
Problems with fine or gross motor skills.
For example, if a child is developmentally and chronologically ten years old but continues to read at a first grade level, the adverse effect would be a limited progression in reading.
WHAT IS THE GOAL of SPECIAL EDUCATION?
Special education makes it possible for a child to achieve academic success in the least restrictive
environment despite their disability.
The federal law governing the system is called the
Individuals with Disabilities Education Act or IDEA
IDEA entitles all children with learning disabilities to a free appropriate education
FAPE
If a child is struggling in
school, having social or
behavioral problems
If you (parent, teacher) suspect that a child may
have one of the 13 categories of
special education
An evaluation may be requested
to determine eligibility for ESE.
Some school districts request that you meet
with your school's student study
team (SST) before conducting an
evaluation.
HOW TO GET STARTED?
The Multidisciplinary Team
Student
if appropriate
Student's parents
General education teacher &
Special education teacher
Representative of the school
administration LEA
School psychologist
Other pertinent qualified individuals who can
interpret the instructional implications of evaluation
results
A representative of the local educational agency LEA- Must be Qualified to provide or supervise special education
Knowledgeable about the general education curriculum Knowledgeable about the availability of LEA resources
Responsibilities of the MDT
•Collect, Assemble, Evaluate DATA
• to determine whether a student meets eligibility for any of the official disabilities set forth in IDEA and state law
Eligibility Process
Procedural Safeguards
Valid Assessments
Team Process
Procedural Safeguards
Provide students and their
parents the right to full
and meaningful participatio
n in the evaluation
process
1 Provide notice to parents
ANYTIME their child’s education program is
discussed so parents can
participate in a meaningful
way.
2
Invite parents to participate in meetings to develop their child’s educational
program
3
Secure parental
consent prior to initiating evaluations
of their child ’or placing
their child in an
educational program
4
Allow parents the opportunity to examine
their child’s
educational records
5
Permit parents to obtain an
independent evaluation at public expense if the parent
disagree with the schools
evaluation
Valid Assessments
Administered in the child’s native language or other mode of communication
Not racially or culturally
discriminatory
Assess the relative contribution of cognitive and
behavioral factors
Tailored to assess specific areas of educational needs
Relevant to determine the educational needs
of the student
Reflects the child’s aptitude or
achievement level
Team Process Determines if the student is a child with a disability
Reviews existing data and determine if
additional information is needed
Prepares an evaluation report
Gathers any additional data and ensure that
all information is documented
Problems in Determining Special Education Eligibility
Prevalent belief that special education services are for students who could
benefit from them.
There is a sense of entitlement
The definitions treat the disabilities as thought they were
discrete categories
Federal regulations are frequently imprecise
Problems Parents may often
prefer the label associated with one
disability over the one associated with other
The federal law, IDEA, requires that:
• Students with disabilities who meet the criteria of one or more categories of disability specified in law and who need special education services must have an IEP.
• The IEP must be reviewed at least annually and revised as necessary.
IEP •The Individual Educational Plan is the primary vehicle for communicating the school district’s commitment to addressing the unique educational needs of a student with a disability.
Developing Quality Individual Educational Plans
26
A reference for all who participate in the IEP process
Required and suggested practices for IEP development and documentation
What is a Quality IEP?
27
A Quality
IEP:
Is in compliance with all
requirements of federal (IDEA),
state (FL Statutes), and district
policies, procedures and
regulations
Reflects decisions based
on active and meaningful
involvement of members of the
IEP team
Provides a clear understanding of :
•Student educational needs and expected outcomes
•Special education services and supports
FEDERAL •IDEA
STATE • FLORIDA STATUTES
• FLORIDA ADMINISTRATIVE CODE
DISTRICT
• ESE Special Programs & Procedures (SP&P)
• LEA Handbook
Federal – State – District Law
29
IEP Components
Special Education Services and Supports
Measurable Annual Goals Benchmarks (if applicable)
Present Levels of Academic Achievement and Functional Performance
In a quality IEP, all components are clearly aligned.
MTSS Alignment with IEP Components
30
Step 3. Intervention Planning and Implementation What are we going to do
about it?
• Measurable Annual Goals • Special Education Services
and Supports
Step 4. Response to Instruction/Intervention Is it working?
• IEP Implementation, Review, and Revision
• Present Level of Academic Achievement and Functional Performance
MTSS IEP Step 1. Problem Identification
What’s the problem?
Step 2. Problem Analysis Why is it taking place?
Present Level Statement Using the Problem-Solving Process
Step 1: Problem Identification
(What's the problem?)
•What is the student's current level of performance and rate of progress?
•What is the student expected to do?
•What is the gap between expected/current performance?
31
Step 2: Problem Analysis (Why is it taking place?)
Determine the effects of the disability and identify educational needs resulting from the disability.
32
Unable to hear and use conversational speech
Needs to learn how to effectively communicate with peers and adults using total communication
Effect of Disability Educational Need
Takes 50% more time than peers to complete written assignments with word prediction software
Needs extended time (50% more than peers) to complete assignments and assessments
• Why is the expected skill/behavior not occurring?
• What factors are contributing to the gap?
• What is the impact of disability on progress?
Step 3: Intervention Planning and Implementation
What type of intensive, individualized intervention will be provided?
• Special education services and related services
What type of support?
• Classroom and testing accommodations
• Program modifications
• Supplementary aids and services
• Support for school personnel
When? Where? How often?
Step 4: Is it Working?
IEP Implementation, Review, and Revision
Understanding Responsibilities
Teachers and other service providers must be informed of specific responsibilities related to the student’s IEP.
Each general education teacher, ESE teacher, and other service provider who works with the student must have access to the student’s IEP.
34
Make sure it is individualized
Interpret provided data
State what the student is currently able to do in: Reading, Math and Written Communication
Written in understandable language, include words that are measurable and be instructionally relevant.
Affects of the Disability
Make sure it is individualized
Interpret provided data
State what the student is currently unable to do in: Reading, Math and Written Communication
Written in understandable language, include words that are measurable and be instructionally relevant.
Strength Statement Affects Statement
36
Sources of Information
Academic Achievement • State assessments ( FCAT 2.0, FAA,
EOC, FSA)
• District achievement assessments
• Report cards and progress reports
• Curriculum-based and progress- monitoring assessments (RtI, MTSS)
• Diagnostic assessments
• Work samples and observations
Functional Performance • Discipline and attendance records
• Functional behavioral assessments
• Reports of motor and sensory proficiency
• Speech and language evaluations
• Observations/anecdotal records
• Interviews with teachers, parents, and the student
Use current, objective data from a variety of sources
Priority Educational Needs (PEN)
It is the direct link from PLEP to Measurable Annual Goals.
Address only the skill(s) that the student is currently unable to do
Developed from the impact of disability statement
Annual Measurable Goals
• States a specific action or act that can be observed and measured by another person
Observable Behavior
• The tools, situation, or assistance to be provided
Condition
• Acceptable performance (how well the student must perform)
Criteria
Examples of Annual Measurable Goals
Math Skills
Using 20 flashcards, the student will orally recall the 0-9 addition facts within 10 seconds in 4 out of 5 opportunities.
Given a worksheet, the student will solve 2 digit addition problems without regrouping in 8 out of 10 opportunities.
Given a worksheet, the student will solve 2 digit addition problems with regrouping in 8 out of 10 opportunities.
Behavior, Condition, Criteria
GAME TIME •Can you identify what is the
Behavior, Condition & Criteria?
•Given 10 multi-step word problems, Janet will solve 9 out of
10 problems correctly.
Game Time Answer
•Given 10 multi-step word problems, Janet will solve 9 out of 10 problems correctly.
•Behavior: Solve the problems
•Conditions: Given 10 multi-step word problems
•Criteria: 9 out of 10 correctly
Video – Successful IEP Meeting & Q & A
Least Restrictive Environment
Defining LRE
Each public agency must ensure that—
and…
Defining LRE
Defining LRE
Consideration must be given to any potential harmful effect on the child or on the quality of services that the child needs.
A child with a disability may not
be removed from education in age-appropriate regular classrooms solely because of needed modifications in the general education curriculum.
Placements
What Are LEA Requirements for LRE?
Each LEA must have a continuum of alternative placements to meet the needs of students with disabilities for special education and related services.
The continuum refers to the entire spectrum of placements where a student’s special education program can be implemented.
Summarizing LRE
Special education is not a place.
It’s a set of services and supports.
Where a child with a disability receives special education
services is that child’s placement.
The first “where” to consider is the general
education environment.
Section 504 • If a child does not qualify for services under IDEA, they
may qualify for accommodations/modifications under Section 504 of the American Disabilities Act of 1973.
• Section 504 of the American Disabilities Act guarantees that a child with a disability has equal ACCESS to an education and that it is comparable to an education provided to those who do not have a disability.
EXAMPLES OF DISABILITIES THAT USUALLY FALL UNDER SECTION 504 INSTEAD of IDEA:
Children with a normal ability to learn academically, but who have a mobility impairment, use a wheelchair, have a neurological disorder, or are missing a
limb.
Children with a normal ability to learn academically but who have a medical condition such as epilepsy, hemophilia, diabetes, AIDS, arthritis, allergies,
asthma, tuberculosis, ADHD, cancer, spinal bifida and cerebral palsy.
A child who has frequent referrals for behavioral problems or is under a doctor’s care for a psychological condition such as anxiety or depression.
Roles and Responsibilities: The Special Education Teacher
Roles and Responsibilities: The Consultation Teacher • Anticipation Guide
– Please take a moment to read and review the anticipation guide provided to you. Next to each statement, indicate whether you AGREE or DISAGREE with each statement.
– After the presentation has concluded, you will be asked to read the statements and your responses once again to evaluate whether or not you were correct with your initial response.
– Record any reflections that you have made which stand out in your mind.
The Role of the Special Education Teacher
Roles and Responsibilities of the Consult Teacher
Assigned to specific course subjects to
consult with at school
Schedule and meet with general education teachers in subject area assigned as dictated by IEP; maintain scheduled appointments
During meetings provide necessary
recommendations that ensure access and that students are meeting
the standards. Model lessons and
accommodation /UDL
implementation
Recommend supplementary
assignments/activities for teachers
Conduct Lesson Studies with other ESE and general education
teachers at the schools
Roles and Responsibilities of the Consult Teacher con’t
Participate in grade/ subject
area meetings
Participate in all IEP meetings
for students assigned
Teach one co-teaching
course
Monitor student
learning gains through data collection and course grades
to ensure progress
Conduct data chats
with students and teachers as appropriate
If support facilitating,
develop brief plan indicating
skills and groups they are working
with within the classroom
Meet face-to-face with
general education
teacher
Model Definition
Consultation*
The general education teacher and SPED teacher meet face-to-face or via conference call or virtual
technologies on a regular basis to plan, implement, and monitor instructional alternatives designed to
ensure that the student with a disability is successful in the general education classroom. If claiming
these services on the Matrix of Services document, the meetings must be face-to-face. Consultation is an
external support model.
Support Facilitation* Services are provided via an “in class one-on-one SPED teacher”. Teacher provides
services to an individual or small group of students within the general education
classroom but not as a co-teacher. A small group of students may include both students
with and without disabilities. Support facilitation is an in-class support model provided
during regularly scheduled intermittent or varying times of the day and/or week.
Paraprofessionals cannot be utilized as support facilitators.
Co-Teaching The general education and SPED teacher are providing instruction through co-teaching in
accordance with Section 1003.03(5)(c), F.S. Both teachers share responsibility for planning,
delivering, and evaluating instruction for all students in a class/subject for the entire class
period.
Separate Class Setting The SPED teacher provides instruction in a separate setting.
*Must document and create logs.
Inclusive Classrooms: Models of Support
GENERAL EDUCATION
SETTING
SPECIAL EDUCATION
SETTING
CONSULTATION
COLLABORATION
SUPPORT FACILITATION
CO-TEACH
RESOURCE
ROOM
SPECIAL CLASS
SETTING
Roles and Responsibilities: The General Education Teacher
Roles and Responsibilities: The General Education Teacher
A general educator must be included in an IEP, and PARTICIPATES in DISCUSSIONS about the child's involvement and progress in the general curriculum and participation in the regular education environment
(as well as discussions about the supplementary aids and supports for teachers and other school staff that are necessary to ensure the child's progress in that environment).
Roles and Responsibilities of the General Education Teacher
The general education teacher also brings to the IEP team process a knowledge of:
The general education context. How the student with disabilities performs in a general education
context.
How the student interacts with her peers.
The pace of the class.
Other students.
The dynamics of the class.
Approaches for teaching the class as a whole.
Roles and Responsibilities of the General Education Teacher
To be an effective part of the IEP process, general
educators will also need to:
Know how to
communi-
cate effectively
and work within a
team context.
Know how to observe
special education students
and record their
behaviors objectively in order to help IEP
teams track these students' progress.
Describe a
student's perform-ance and behaviors
to emphasize
the student's strengths.
Convey to the other IEP team members
an acceptance
and willingness to actively participate in the IEP process.
Be willing to try new approaches
in working
with students
with special needs.
Be willing to ask
for additional
assist-ance when this is
needed.