Is Special Education the Right Service

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• Is Special Education the Right Service?

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Special education should not be the only service.

• Schools should offer many options.
• Parents should have multiple ways to find out
  about those options.
• Parents should have information to help them
  identify if special education is the right
  service.

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ensure that the general education environment is
a rich and responsive educational environment
that deliberately seeks to have teachers prepared
for the diverse student learners that they are
encountering on a day to day basis

• The Curriculum Accommodation Plan (DCAP) (could
  be one aspect of the District Improvement Plan)

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If General Education is Responsive

• More students will get the education they need.
• More students will get the support they need.
• More teachers will understand how to work
  effectively with more students.
• Referrals to special education will be made for
  the right reasons.
• Disabled students will get the help they need
  from both general education and special education.

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Caveat

• Use of instructional support should never be a
  reason to deny a referral for a special education
  evaluation.
• Students with clear or probable indicators of a
  disability should be referred and evaluated
  promptly.

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Upon referral school district must provide
written notice to the parent.
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Doing a good evaluation

• Use qualified evaluators
• Use formal and informal assessments
• Use appropriate assessments

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Involve the parents

• Consulting on evaluations
• Consulting on evaluators used
• Set the stage for a positive relationship
• Build trust respect
• Best practice
• Best information about the student

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• Autism
• Developmental Delay
• Intellectual
• Sensory Hearing, Vision, Deaf-Blind
• Neurological
• Emotional
• Communication
• Physical
• Health
• Specific Learning

Required Assessment
Assessment in all areas related to the suspected
Disability
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Considerations

• Carefully review the charts on disability (from
  TA document)
• Do not rule out multiple disabilities or effects
  of contributing disabilities that are not primary
• Ensure sufficient assessment information to
  determine presence/absence and educational impact

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• A standard academic battery of tests
• A standardized IQ test
• A chat with teacher(s)
• A review of educational record

NOT GOOD ENOUGH
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Every student deserves an individualized inquiry

• The law requires it.
• Its the right thing to do.
• We get the best assessment results by not
  assuming every student is the same.
• We can identify the unique needs of the student
  only if we see each student as unique.

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Concept an Educational Disability

• Begins to connect the disability with the
  educational context.
• Next required assessment is the educational
  assessment.
• Not simply academics.
• Not simply grades.

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An educational assessment

• 603 CMR 28.04(2)(a)(2) An educational assessment
  by a representative of the school district,
  including a history of the students educational
  progress in the general curriculum. Such
  assessment shall include information provided by
  a teacher(s) with current knowledge regarding the
  students specific abilities in relation to
  learning standards of the Massachusetts
  Curriculum Frameworks and the district
  curriculum, as well as an assessment of the
  students attention skills, participation
  behaviors, communication skills, memory, and
  social relations with groups, peers, and adults.
  The school district shall also thoroughly
  evaluate and provide a narrative description of
  the students educational and developmental
  potential.

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Information that may shape the learning
experience

• Class size
• availability of support services
• linguistic/cultural differences
• curriculum expectations
• types of instructional materials
• consider Table 2 (Questions guiding assessment of
  student instructional needs)

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Narrative on educational and developmental
potential

• Factors inhibiting or assisting student to make
  effective progress
• Performance consistent or inconsistent --
  patterns?
• Consistently
• within typical range
• better than typical
• less well than typical
• inconsistent performance

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Thinking about Assessments

• Use information you know about disabilities.
• Dont be quick to judge -- wait for assessment
  information and make sure you are confident in
  the assessor(s) and the assessment(s).
• Consider buying assessment expertise in areas you
  dont have it.
• Dont overtest or duplicate testing already done.
• Look carefully at assessment considerations that
  cross disability areas.

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Disability definitions

• Table 3
• includes definitions in state regulation
• highlights key words that may be helpful
• some terminology may be difficult to live with,
  may be considered out-of-date or overly
  prescriptive - remember it is in LAW.

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Eligibility
What the regulations say

• definitions --28.02(7) and Table 3 in TA
  document.
• the process for consideration of eligibility --
  28.05(2)(a)(1)
• identification of type of disability --
  28.05(2)(a)(1)(i)

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Remember the steps

• Presence of a disability
• Lack of progress caused by disability
• Need for special education

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The assessments are ready, the Team meets and
considers the information

• Does the student have a disability?
• What is the educational impact of the disability,
  if any?
• The discussion on disability and educational
  impact may proceed simultaneously or sequentially
  -- either is okay.

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A disability is characterized by

• Significant delays, impairments or limitations in
  the students capacities
• A pattern of difficulty that persists beyond age
  expectations
• a pattern of difficulty across settings
• a pattern of difficulty that is not solely the
  result of cultural, linguistic, or socioeconomic
  differences
• a pattern of difficulty that persists despite
  instructional support activities

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Naming the type of disability

• Not a medical diagnosis
• An assertion of an educationally disabling
  condition -- meeting certain general conditions
  (regulatory definition)
• usually an agreement among the Team members
• will always be connected to educational progress

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What if we dont want that type of disability and
prefer another?

• Some disabilities are harder for people to accept
  naming.
• Early education is the best preparation.
• Have information on hand to illustrate why one
  choice may be the better choice.
• Emphasize that disability naming will not limit
  any educational options or programs.

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Bottom Line

• Team must have confidence that the student does
  have a disability.
• There are systemic advantages to accurate
  reporting.
• Ultimately, naming is not worth long arguments.

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One popular disability type SLD

• National concern about over-identification of
  Specific Learning Disabilities.
• Data is used to target resources.
• Over-identification of SLD may be mitigated by
  more responsive General Education use of
  Instructional Supports.

• Massachusetts adoption of federal definition
  because of questions of over-identification.
• Justification SLD requires written report with
  ALL Team members signing on to agreement or
  disagreement of finding.

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Written statement - SLD

Sections 300.540-300.543

• Does student have SLD?
• Basis for determination
• Relevant behavior from observations
• relationship of behavior to academic functioning
• educationally relevant medical findings, if any
• severe discrepancy not correctable without
  special ed. and related services
• Certification by each team member that finding
  reflects his/her own conclusions, if not, team
  member submits written statement of his/her own
  conclusions --
• This written statement(s) becomes part of the
  student record and if requested must be provided
  to the parent

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What if there is more than one disability?

• Thats okay, we know disabilities dont
  necessarily appear in a clearcut package.
• Samples of how to document multiple disabilities
  when (a) more than one disability has primary
  impact and (b) when one disability is primary but
  other disabilities have contributing impact.
• Dont confuse reporting issues with eligibility
  issues.

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More than one disability has primary impact

• Circle or name the disability types that have
  primary educational impact on ED1
• Identify student as having multiple
  disabilities for federal data collection, and on
  PL2

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One disability is primary but other disabilities
have contributing impact

• Circle or name the disability type that has
  primary educational impact on ED1 and note with
  checkmarks or written notes others that are
  present.
• for federal data collection, and on PL2 identify
  only the disability type with primary educational
  impact.

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What about students already eligible?

• Wait until the three year reevaluation.
• For data purposes only, make a judgement (do not
  test). We understand the reporting data will not
  be fully reflective of Team determinations for
  two more years.

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Effective Progress

• Not just passing grades
• Failing grades -- one indicator of ineffective
  progress
• Definitional language
• Documented growth in acquisition of knowledge and
  skills
• including social/emotional development
• according to age, development, potential, and
  learning standards
• includes preschool, academic and non-academic
  offerings of the district, and vocational
  programs and activities

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Is lack of effective progress a result of the
disability(ies)?

• Good assessment information will play a role
  here.
• Remember the concept educational disability
• Disability Educational Impact of Disability
• If the student is not making effective progress,
  and there is no evidence that it is because of a
  disability in whole or in part, HAVE OPTIONS for
  the student other than special education.

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Lack of progress
Disability
E
Need for special education
Because of disability
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Does the Student Require Special Education in
order to make effective progress?

• At this point, the Team has determined that the
  student has a disability.
• And, that the disability does have a negative
  impact on effective progress.
• Are there any circumstances when the Team might
  say that the student is INELIGIBLE?

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Special Education

• Specially designed instruction
• and/or
• Related service(s) necessary to access the
  general curriculum

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Possible Finding of No Eligibility at this point
(few and far between)

• Student is disabled
• disability contributes to ineffective progress
• Not eligible IF student does not need services
  (instructional or related) and only needs some
  kind of accommodation, or
• Student needs accommodations to make progress but
  any service need is not instructional and is
  unrelated to access to the general curriculum.

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Cautions

• See special considerations Table 5B
• ADD/ADHD
• Young Children
• Different Linguistic/Cultural Background
• Involvement with Social Services or the Courts
• MCAS performance
• social maladjustment
• lack of instruction in reading or math

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Eligibility Discussions and IEP Discussions are
Different

• Related but not synonymous.
• 28.05(2)(a)(ii) Once eligibility has been
  determined, the type of disability shall not be
  used to provide a basis for labeling or
  stigmatizing the studentshall not define the
  needsand shall in no way limit the services,
  programs, or inclusion opportunities provided to
  the student.

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Key points

• Promote a strong, responsive, General Education
  Program
• Provide information on OPTIONS and Special Ed.
• Do good evaluations -- it is worth your while
• Make careful determinations
• Remember this is an EDUCATION process.
• SERVE STUDENTS WITH DISABILITIES
• Dont make reporting an issue.

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Introducing the Information Available to Assist
in Making Eligibility Determinations
Using the technical assistance document Is
Special Education the Right Service?
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Goals

• to introduce the six tables within the technical
  assistance document
• to illustrate how the tables can be used to
  compare, contrast and find common themes across
  disability types
• to initiate dialog about district capacity for
  appropriate special education evaluations
• to assist in training Team members to make more
  informed disability decisions and eligibility
  determinations

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The 6 tables. . .

• Table 1 Instructional Support Intervention
  Process
• Table 2 Questions That May Help Guide the
  Assessment of Student Instructional Needs
• Table 3 Disability Definitions
• Table 4 Assessment Factors Related to Type of
  Disability
• Table 5A Special Considerations Related to
  Disability in Determining Eligibility
• Table 5B Special Considerations Related to
  Students with Certain Characteristics

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Table 1 Instructional Support Intervention
Process

• Design
• talks about general education practices
• describes a recommended instructional support
  intervention system
• Purpose
• help identify possible changes in educational
  environment that will promote learning and
  success in general education

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Table 2 Questions that May Help Guide the
Assessment of Student Instructional Needs

• Design
• provide a list of possible assessment questions
  and strategies
• Purpose
• to assist in determining appropriate
  instructional support services

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Support strategies. . .

• Should be tried, documented and analyzed
• Should, when a referral has been made, be
  considered by a Team in making an eligibility
  determination

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Table 3 Disability Definitions

• Design
• provides full disability definitions found in
  Massachusetts special education regulation
• includes federal definitions as necessary
• identifies key words taken from state and/or
  federal regulations
• Purpose
• to develop greater awareness and understanding of
  regulatory definitions of disability

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Other noteworthy items. . .

• Massachusetts definition for Neurological
  Impairment is broader than the Federal definition
  which is limited to Traumatic Brain Injury (TBI)
• State law requires the term emotional
  impairment be considered synonymous with
  serious emotional disturbance (the Federal
  disability category)

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About Specific Learning Disability

• an imperfect ability may be considered to mean
  seriously compromised
• look for severe discrepancy between achievement
  and intellectual ability

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Notice the Overlapin disability definitions

• For example if communication is a presenting
  issue
• Autism - significantly affecting verbal and
  non-verbal communication
• Developmental Delay - difficulties in receptive
  and/or expressive language
• Sensory Impairment -Hearing - difficulty with
  oral communication
• Sensory Impairment - Vision - difficulty with
  written communication

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Communication as a presenting issue

• Sensory Impairment - Deaf-Blind - severe
  communication needs
• Neurological Impairment - difficulties exhibited
  speech, language
• Communication Impairment - capacity to use
  expressive and/or receptive language is
  significantly limited, impaired, or delayed
• Specific Learning Disability - disorder in one or
  more of the basic psychological processes using
  language spoken or written ...

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Table 4 Assessment Factors Related to Type of
Disability

• Design
• indicates the types of assessments that may be
  helpful in making a determination of
  disability(ies)
• Purpose
• to assist districts in completing appropriate
  special education evaluations

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Assessment factors. . .

• NOT EXHAUSTIVE!
• NOT PRESCRIPTIVE!
• Selected assessments must match the needs of the
  individual student who requires evaluation.
• The Team must have comprehensive information in
  order to make informed decisions.

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Table 5A Special Considerations Related to
Disability in Determining Eligibility

• Design
• identifies special considerations unique to
  making an eligibility determination for each
  disability type
• highlights co-existing considerations among the
  disability types
• Purpose
• guides the individual inquiry process for each
  student

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Table 5B Special Considerations Related to
Students with Certain Characteristics

• Design
• highlights factors that make the eligibility
  discussion more complex
• Purpose
• to assist Teams in making appropriate eligibility
  determinations

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Students with certain characteristics. . .

• ADD/ADHD
• Young Children
• Different Linguistic or Cultural Backgrounds
• Involved with Social Services or the Courts
• Multiple Impairments
• Social Maladjustment
• Poor Performance on MCAS
• Lack of Reading or Math Instruction

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Keep the student at the center of your activities
The Student
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What Should You Do Next?

• Share the technical assistance document with
  colleagues
• Plan training activities on disability related
  topics for members of the entire school community
  - staff, parents and students
• Ensure district capacity to complete
  comprehensive special education evaluations