Teachers and Learners in Inclusive Schools

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Teachers and Learners in Inclusive Schools

• Special Education Law
• Spring, 2005

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Special Ed. Law

• Terms
• Evolution of the law
• Elements of IDEA

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• Special Education is.
• specially designed instruction, at no cost to
  the parent, to meet the unique needs of a child
  with a disability, including instruction
  conducted in the classroom, in the home, in
  hospitals and institutions, and in other
  settings
• (34 Code of Federal 17 a 1)

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Alphabet Soup!

• EHA Education for All Handicapped Act
• IDEA Individuals with Disabilities
  Education Act
• FAPE Free Appropriate Public Education
• IEP Individualized Education Program
• IFSP Individualized Family Service Plan
• ITP Individual Transition Plan
• LRE Least Restrictive Environment

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Evolution of a Law

• PL 94-142 The Education for All Handicapped
  Children Act (EHA)
• Passed in 1975
• Enacted in 1977
• Five elements of the law
• FAPE
• IEP
• LRE
• Non-discriminatory assessment
• Due process

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FAPE

• Free and appropriate education for all children
  regardless of amount of need or cost
• Access to education for all children is
  guaranteed at no cost to the parent
• Zero reject policy

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IEP

• Individualized Education Program (Plan)
• Requirements
• Statement of present levels of performance
• Measurable annual goals
• Statement of educational and related services
• Date of initiation of services and duration
• Criteria for annual reassessment
• - The amount of time the student will not
• spend with same-age typical peers

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IEP cont.

• Members of the multidisciplinary team (MDT)
• Students parent(s) or guardian
• Student if older
• At least one special education teacher
• Representative of the local agency who authorizes
  funding for services
• Someone to interpret evaluation results (school
  psychologist)
• Other individuals with special expertise
• or knowledge (advocate, OT, Speech
• therapist, etc)

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LRE

• States must have procedures to ensure that, to
  the maximum extent appropriate, children with
  disabilities, including those in public/private
  institutions, are educated with non-disabled
  children and that removal from the regular
  education environment only occurs when education
  in that setting, with supplementary aids and
  services, cannot be achieved satisfactorily.
• (Public Law 94-142, 1975,
• Sec. 612, 5, B)

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Non-Discriminatory Assessment

• Assessment cannot be culturally discriminatory
• Students must be tested in their dominant
  language
• Nonverbal IQ scores can be used if tested in
  non-native language
• No single procedure can be used to
• determine educational placement

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Due Process

• Written notification is required before initial
  evaluations and placements
• Parents must be invited to an IEP meeting three
  times before it is held without them
• Parents have the right to challenge school
  district findings
• Parents may get an independent educational
  evaluation
• Parents have the right to an impartial due
  process hearing
• Parents have the right to appeal the findings
  and decisions of a hearing
• A student may not be placed in special
• education without due process

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Evolution of a Law cont.

• PL 99-457 First reauthorization of EHA
• 1986
• Added infants and toddlers
• Required IFSP for young children

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IFSP

• Individual Family Service Plan
• Childs present levels of functioning
• Family resources, priorities, concerns
• Major outcomes for child and family
• Early intervention services to be offered to
  family
• Natural environments they will be offered in
• Dates of initiation and duration
• Family service coordinator
• Childs transition plan to IEP

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Evolution of a Law cont.

• Individuals with Disabilities Act or IDEA
• 1990
• Changed the language of the law to persons with
  disabilities
• Added autism and traumatic brain injury as
  categories
• Required transition services no later than age 16

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Transition Plan Requirements

• Beginning at age 16 and each year after,
  statement of students needs as related to
  transition from school to life
• Beginning at age 16, a statement of transition
  needs and needed linkages to community and
  post-school agencies
• Statement of rights under IDEA that will
  transfer to student at age 18
• How progress on transition goals and
• objectives will be measured

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People First Language

• Instead of handicapped or disabled,
• USE
• person with a disability
• students with learning disabilities
• children with autism
• individuals with cerebral palsy
• developmentally delayed students
• BUT ALSO USE.
• deaf people,
  child, adult
• blind
  person, students
• the blind
  the deaf

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Evolution of a Law cont.

• Reauthorization of IDEA
• 1997
• General education teachers now required at IEP
  meetingsIEP team must have at least one
• Support for teachers professional development
• IDEA funds may be used to pay for services even
  non-disabled students may benefit from
• Charter schools must serve students with
  disabilities
• Discipline changes
• IEP must include access to general education
• curriculum
• Students with disabilities must be included in
• state and district assessments

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Evolution of Law Continued

• 2004 reauthorization of IDEA, PL108-466
• - Discipline placement requires evaluation if
  behavior is result of disability or poor IEP
  implementation
• - States submit performance plans plans
  addressing improvement in racial and ethnic
  representation
• - Alignment with NCLB to include alternate
  assessments, and reporting of graduation rates
  and dropout rates
• - IEP benchmarks and short term objectives
  required only for students with alternative
  assessments/standards

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Specific learning Disabilities

• Aptitude achievement discrepancy model modified
  in order to speed up identification before
  failure
• - Districts may use data from a scientific,
  research based intervention as part of
  evaluation

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Highly Qualified Special Ed.Teachers

• New standards aligned with NCLB
• - Bachelors degree
• - Full state special ed. certification(
  includes alternative certification)
• - Special ed. teachers teaching 2 or more
  academic subjects also required to meet both
  grade level and subject area competence