Individuals with Disabilities Education Act IDEA

1
Individuals with Disabilities Education Act
(IDEA) No Child Left Behind (NCLB)

• An Intersection of Legislation
• Special Education Action Network Conference
• November 13 -14,2006

2
Presenter

• Lisa Thomas, Assistant Director
• Educational Issues
• 555 New Jersey Avenue, NW
• Washington, DC 20001
• 202/879-4561
• lthomas_at_aft.org

3
AGENDA

• Introductions
• Impact of IDEA
• Impact of NCLB
• Resource Review
• Points of Intersection
• Assessment Participation
• Highly Qualified Teachers
• Paraprofessionals
• QA

4
Impact of IDEA

• Today, 6.5 million children disabilities are
  served, over 70 in inclusive settings
• 96 of students with disabilities are now served
  in regular school buildings
• The number of children birth to three receiving
  early intervention services has increased over
  the last 30 years
• IDEA 2004 has regulatory language to provide
  early intervening services to reduce referral,
  placement, and disproportionality

5
Impact of IDEA

• Increased participation in standardized testing
• Increased high school graduation rates over 10
  over the last decade, nearly 60
• Increased College Enrollment In 1978, under 3
  of college freshman reported they had a
  disability, while in 2003, the figure was 13.

6
Impact of IDEA

• Higher Employment rates
• The Special Education Teaching Force more than
  doubled
• Parent Involvement More than 85 of parents are
  involved in planning their childs services and
  making educational decisions.

7
The IDEA Amendments of 2004

• State Performance Goals and Indicators Consistent
  with Goals and Standards for All Children in NCLB
• Access to, participation in and progress in the
  General Curriculum
• Inclusion in State and District Assessments.
• Alternate Assessments.

8
Impact of NCLB

• Signed into law on January 8, 2002 as the No
  Child Left Behind Act (NCLB)
• Requires accountability for all children,
  including student groups based on poverty, race
  and ethnicity, disability and limited English
  proficiency.
• NCLB requires each state to develop grade-level
  academic content and achievement standards that
  it expects all students, including students with
  disabilities, to meet.

9
Impact of NCLB (cont.)

• NCLB regulations require that assessments be
  accessible and valid with the widest possible
  range of students.
• Every state has submitted to the U.S. Department
  of Education a state accountability plan under
  the NCLB, referred to as the State Accountability
  Workbook. All state plans were approved of as of
  June 2005. To review your states approved plan
  go to
• http//www.ed.gov/admins/lead/account/consolidate
  d/index.html

10
Participation in Assessments

• A states assessment system must be designed to
  be valid and accessible to students with
  disabilities under both IDEA and Section 504.
• Individualized Education Program (IEP) teams will
  determine how students with disabilities will
  participate in ESEA-required assessments.
• States must provide one or more alternate
  assessments for each student with disabilities as
  defined under section 602(3) of IDEA whom the IEP
  team determines cannot participate in ESEA
  assessments, even with accommodations or
  modifications.
• Alternate assessments must be in place for SY
  2005-06.

11
Assessment and Accountability for Students with
Disabilities

• On December 9, 2003, the U.S. Department of
  Education (USED) issued its final rule regarding
  assessing SWDs under ESEA. This rule became
  effective January 8, 2004.
• This regulation covers what tests SWDs may take
  and how to count them for AYP.
• QA Guidance, December 18, 2003

12
Q A Guidance on Accommodations

• Change in testing materials or procedures to
• ensure measurement of knowledge and/or
• skill, not disability. Provides guidelines on
• Presentation
• Setting
• Response
• Timing

13
Alternate Assessments

• Must be aligned with states content standards
• Reading / language arts and mathematics
• Results must be used for AYP

14
Alternate Assessments

• December 2, 2002 regulations
• Alternate assessments must yield results for
• the grade in which the student is enrolled in
• at least reading/language arts, mathematics,
• and beginning in SY 07-08,science.
• Sec. 200.6(a)(2)(ii)
• ESEA

15
Alternate Standards

• Controversial / Misunderstood
• Range in states, close to 2
• Exceptions for LEAs of states with good special
  education programs
• Concern inappropriately lowers expectations for
  students with disabilities

16
Alternate Standards

• Alternate way to measure progress of students who
  take alternate assessments
• Introduced in August 6 proposed regulations
• Measure progress of limited number of students
  taking alternate assessments
• Students with most severe cognitive disabilities
• 1 rule

17
Alternate Standards

• Documented and valid standards setting process
• Aligned to state standards
• Professional judgment Highest learning possible
  for students with disabilities

18
Flexibility for Gap Kids

• New 2 Proposed Rules, December 15, 2005
• Comments were due February 28, 2006
• Final regulations have not been released

19
Modified Achievement Standards

• Grade level alignment
• Documented and valid standards setting process
• Implied authorization that 1 can be below grade
  level (No explicit guidance)
• Math and reading/language arts
• State Clear guidelines for IEP

20
Cap on alternate standards The 1 Rule

• Number of proficient and advanced cannot exceed
  1.0 of all students in grades tested at state or
  LEA
• Not at school level, district level
• 1 of all students 9 of SWDs

21
Clarification on Cap

• Applies to alternate standards, not alternate
  assessments
• Of those scored against alternate standards, not
  more than 1 can count as proficient or advanced
  more can be scored and fail (non-proficient).

22
Exception to CAP

• USDOE may grant exception to exceed 1, for
• specified period of time, if the SEA
• Documents actual incidence of significant
  cognitive disabilities exceeds 1 percent
• Provides explanation why
• Fully and effectively addresses its
  responsibilities
• SEA may grant exception for the LEA

23
When Can State or LEA Exceed the Caps?
24
Example 1 Rule

• Rule limits 100 scores counted as proficient
• IEP Teams indicate 180 for alternate standards
• 180-100 80 Non-proficient or Basic
• State assigns Non-proficient (Basic) to schools

School District Population 10,000 1 of 10,000
100 100 Scores are proficient
25
Impact on AYP

• All students taking alternate assessments
• must be included in AYP, as either
• Proficient against alternate standards
• (1 cap) or
• Non-proficient against grade level
• standards (for any that exceed 1)

26
Tough SEA/LEA Decisions

• For those exceeding 1 and 2, SEA must determine
  which proficient scores are counted as
  non-proficient
• Choose among schools
• Becomes LEA decision?
• State reports the number of students
• Alternative Standards
• Alternative Assessments
• Assessments in Accommodations

27
Highly Qualified Teachers

• New to IDEA 2004 now aligned with NCLB
• Full state certification as a special education
  teacher
• Emergency, temporary or provisional licensure no
  longer permissible
• Bachelors Degree required

28
HQT for Special Education Teachers Teaching to
Alternate Achievement Standards

• A new or veteran teacher who teaches core
• academic subjects exclusively to children who are
  
• assessed under alternate achievement standards
• must
• Meet applicable ESEA HQT requirements or
• Meet the requirements for an elementary school
  teacher or, if providing instruction above the
  elementary level, have subject matter knowledge
  appropriate to level of instruction being
  provided as determined by State.

29
HQT for Special Education Teachers Teaching
Multiple Subjects

• Special education teachers who teach 2 or more
• core academic subjects exclusively to children
  with
• disabilities must
• Meet applicable NCLB HQT requirements for an
• elementary, middle or secondary school teacher
• who is new or not new to the profession.

30
HQT for Special Education Teachers Teaching
Multiple Subjects

• Veteran teachers must demonstrate competence in
  all core academic subjects taught by completing a
  single HOUSSE
• New teachers must meet requirements for a HQT in
  math, language arts or science at the point of
  hire and demonstrate competence in other core
  academic subjects taught by completing the HOUSSE
  (may be a single HOUSSE covering multiple
  subjects) within 2 years of date of hire.

31
Special Education Teachers Teaching One Core
Academic Subject

• Report language states that special education
• teachers teaching one core academic subject
• must meet the original NCLB requirements
• for demonstrating subject matter
• competency.

32
Special Education Teachers Providing Consultative
Services

• Report language states
• Special education teachers who only provide
  consultative services to a highly qualified
  teacher are considered to be highly qualified if
  they hold full State certification in special
  education.
• Consultative services do not include services
  in core academic subjects, but may include
  adjustments to the learning environment,
  modifications of instructional methods,
  adaptation of curricula, use of positive
  behavioral supports and interventions, or the use
  of appropriate accommodations to meet the needs
  of individual children.

33
Related Service Providers and Paraprofessionals

• Qualifications for related service providers and
• paraprofessionals must be
• Consistent with State certification, licensing or
  other comparable requirements
• Allow paraprofessionals and assistants who are
  appropriately trained and certified in accordance
  with State law to be used to assist in the
  provision of special education and related
  services.

34
Highly Qualified Reporting Requirements

• NCLB
• Parents must be informed if their child is not
  being taught by a highly qualified teacher if the
  school receives Title I funds
• States, districts and schools must publicly
  report the percentage of highly qualified
  teachers on report cards.
• IDEA
• No reporting requirements of teacher or
  paraprofessional status

35
What now?

• Get to know the facts
• Know your states HOUSSE provisions for special
  educators
• Know the number the HQT special educators as well
  as those who are not
• Know the number of paraprofessionals providing
  support to SWDs
• Know your districts reporting process to parents
  about status of its HQT providers
• Know SEA/LEA special education directors
• Know the number of vacancies of special
  educators, related service providers, and
  paraprofessionals who support SWDs
• Know the special education budget allocations for
  staff, professional development and early
  intervening services