SPECIAL EDUCATION AND THE NEW IEP

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SPECIAL EDUCATION AND THE NEW IEP

• Denise Khatri, Sandy Lenon, Phyllis Rochester
• Division of Students with Disabilities and
  English Language Learners
• July 19, 2011

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• Denise Khatri DKhatri2_at_schools.nyc.gov
• Sandy Lenon slenon_at_schools.nyc.gov
• Phyllis Rochester prochester_at_schools.nyc.gov

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Reflections

• What are your earliest memories of, or
  experiences with people with disabilities?
• What messages did the people around you (parents,
  teachers, friends) pass on to you about people
  with disabilities?

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Reflections

• One last thought.
• As an adult, what impressions, thoughts,
  feelings, or beliefs do you have about people
  with disabilities?
• How have they changed or stayed the same over
  time?

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Disabilities
BACKGROUND WHAT I KNOW WHAT I WANT TO KNOW WHAT IVE LEARNED NEW QUESTIONS I HAVE

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Agenda

• Welcome
• Reflections
• Special Education Law and Regulations
• Myths and Facts about Students with Disabilities
• Categories of Disabilities
• Response to Intervention
• Special Education Process
• The New IEP
• Scenario
• Closing Activity

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Laws Impacting Students With Disabilities

• SECTION 504
• IDEA
• NCLB
• ADA
• NYS Part 200 Regulations

http//www.p12.nysed.gov/specialed/lawsregs/part20
0.htm
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Laws Regarding Students With Disabilities

• SECTION 504
• of the REHABILITATION ACT of 1973

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Section 504 Civil Rights Law for People with
Disabilities

• Section 504 of the Rehabilitation Act of 1973 is
  a civil rights law designed to eliminate
  discrimination on the basis of disability in any
  program or activity receiving Federal financial
  assistance. 
• Section 504 guarantees certain rights to
  individuals with disabilities, including the
  right to full participation and access to a free
  and appropriate public education (FAPE) to all
  children regardless of the nature or severity of
  the disability.  Specifically, 34 C.F.R.104
  states
• "No otherwise qualified individual with a
  disability in the United States... shall, solely
  by reason of her or his disability, be excluded
  from participation in, be denied the benefits of,
  or be subjected to discrimination under any
  program or activity receiving Federal financial
  assistance."  

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Individuals with Disabilities Education Act 2004
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Individuals with Disabilities Education Act 2004

• The Individuals with Disabilities Education Act
  (IDEA) is a United States federal law that
  governs how states and public agencies provide
  early intervention, special education, and
  related services to children with disabilities.
  It addresses the educational needs of children
  with disabilities from birth to age 21.
• In defining the purpose of special education,
  IDEA 2004 clarifies Congress intended outcome
  for each child with a disability
• students must be provided a Free Appropriate
  Public Education (FAPE) that prepares them for
  further education, employment and independent
  living.

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Free Appropriate Public Education

• 300.101 A free appropriate public education must
  be available to all children residing in the
  State between the ages of 3 and 21, inclusive,
  including children with disabilities who have
  been suspended or expelled from school.
  Individuals with Disabilities Education Act
  (IDEA) 2004
• 300.114 LRE requirements
• to the maximum extent appropriate, children
  with disabilities, including children in public
  or private institutions or other care facilities,
  are educated with children who are not disabled,
  and special classes, separate schooling, or other
  removal of children with disabilities from the
  regular education environment occurs only when
  the nature or severity of the disability of a
  child is such that education in regular classes
  with the use of supplementary aids and services
  cannot be achieved satisfactorily.

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No Child Left Behind Act 2001
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No Child Left Behind Act 2001

• The purpose of this act is to ensure that all
  children have a fair, equal, and significant
  opportunity to obtain a high-quality education
  and reach, at a minimum, proficiency on
  challenging State academic achievement standards
  and state academic assessments
• holding schools, local educational agencies, and
  States accountable for improving the academic
  achievement of all students,

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Americans with Disabilities Act of 1990

• ADA is a law that was enacted by the U.S.
  Congress in 1990. It was signed into law on July
  26, 1990, by President George H. W. Bush, and
  later amended with changes effective January 1,
  2009.
• The ADA is a wide-ranging civil rights law that
  prohibits, under certain circumstances,
  discrimination based on disability.
• It affords similar protections against
  discrimination to Americans with disabilities as
  the Civil Rights Act of 1964, which made
  discrimination based on race, religion, sex,
  national origin, and other characteristics
  illegal.

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NYS Regulations of the Commissioner of Education

• State Regulations relating to students with
  disabilities

http//www.p12.nysed.gov/specialed/lawsregs/part20
0.htm
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NYSED/IDEA Part B State Performance Plan 2005 -
2010
Indicator 1 Graduation Rates Indicator 2
Drop-Out Rates Indicator 3 Statewide
Assessments Indicator 4 Suspension/Expulsion Ind
icator 5 Least Restrictive Environment School
Age Indicator 6 Least Restrictive Environment
Preschool Indicator 7 Preschool
Outcomes Indicator 8 Parental
Involvement Indicator 9 Disproportionality in
Special Education by Race/Ethnicity Indicator 10
Disproportionality in Classification/Placement by
Race/Ethnicity Indicator 11 Child Find Indicator
12 Early Childhood Transition Indicator 13
Secondary Transition Indicator 14 Post School
Outcomes Indicator 15 Identifies and Corrects
Noncompliance
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Myths and Facts About Students with Disabilities
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Myths and Facts About Students with Disabilities

• Inclusion jeopardizes the education of the
  other students.
• Segregating students with disabilities has been
  effective.
• Dont go into special education. Its being
  phased out because of inclusion.
• It is unfair to require children with
  disabilities to take those tests. It will
  endanger their already fragile self-esteem and
  increase the likelihood that they will drop our
  of school.
• School accommodations, and individual education
  plans give students with learning disabilities an
  unfair advantage.

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What is a Disability?

• There are 13 specific primary terms included in
  IDEA under the lead definition of child with a
  disability." These federal terms and definitions
  guide how States define disability and who is
  eligible for a free appropriate public education
  under special education law. 

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What is a Disability? Continued

• In order to fully meet the definition (and
  eligibility for special education and related
  services) as a child with a disability, a
  childs educational performance must be adversely
  affected due to the disability.

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Considering the Meaning of Adversely Affects

• Adversely affects educational performance
  appears in most of the disability definitions.
  This does not mean, however, that a child has to
  be failing in school to receive special education
  and related services.
• According to IDEA, states must make a free
  appropriate public education available to any
  individual child with a disability who needs
  special education and related services, even if
  the child has not failed or been retained in a
  course or grade, and is advancing from grade to
  grade. 300.101(c)(1)

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Definitions of Disability Categories as Defined
in NYS Regulations 200.1 (zz)

• Autism
• Deafness
• Deaf-Blindness
• Emotional Disturbance
• Hearing Impairments
• Learning Disability
• Intellectual Disability
• Multiple Disabilities

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Definitions of Disability Categories as Defined
in NYS Regulations 200.1 (zz)

• Orthopedic Impairment
• Other Health-Impairment
• Speech or Language Impairment
• Traumatic Brain Injury
• Visual Impairment (including Blindness)

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Who Are Our Students with Disabilities in NYC
Schools?

• During the 2010-11 school year, approximately
  164,650 students in the New York City public
  schools received special education services,
  making up 6.34 of the total student population.

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Who Are Our Students with Disabilities
in NYC Schools?
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CPSE/CSE PROCESS
1.
Referral
Before the meeting
2.
Evaluation
3.
Eligibility
At the meeting
IEP Development
4.
Implementation
5.
After the meeting
6.
Annual Review/Reevaluation
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What is Autism?

• means a developmental disability significantly
  affecting verbal and nonverbal communication and
  social interaction, generally evident before age
  three, that adversely affects a childs
  educational performance.
• There are five disorders classified under the
  umbrella category officially known as Pervasive
  Developmental Disorders, or PDD
• Autism
• Asperger syndrome
• Rett syndrome
• Childhood disintegrative disorder and
• Pervasive Developmental Disorder Not Otherwise
  Specified (often referred to as PDDNOS).

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Characteristics of Students with Autism

• Other characteristics often associated with
  autism are engaging in repetitive activities and
  stereotyped movements, resistance to
  environmental change or change in daily routines,
  and unusual responses to sensory experiences.
• A child who shows the characteristics of autism
  after age 3 could be diagnosed as having autism
  if the criteria above are satisfied.

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What is a Learning Disability?

• means a disorder in one or more of the basic
  psychological processes involved in understanding
  or in using language, spoken or written, which
  manifests itself in an imperfect ability to
  listen, think, speak, read, write, spell, or to
  do mathematical calculations.
• The term includes such conditions as perceptual
  disabilities, brain injury, minimal brain
  dysfunction, dyslexia and developmental aphasia.

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Characteristics of Students with Learning
Disabilities

• may have trouble learning the alphabet, rhyming
  words, or connecting letters to their sounds
• may make many mistakes when reading aloud, and
  repeat and pause often
• may not understand what he or she reads
• may have real trouble with spelling
• may have very messy handwriting or hold a pencil
  awkwardly
• may struggle to express ideas in writing
• may learn language late and have a limited
  vocabulary
• may have trouble remembering the sounds that
  letters make or hearing slight differences
  between words

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Characteristics of Students with Learning
Disabilities

• may have trouble following directions
• may mispronounce words or use a wrong word that
  sounds similar
• may have trouble organizing what he or she wants
  to say or not be able to think of the word he or
  she needs for writing or conversation
• may not follow the social rules of conversation,
  such as taking turns, and may stand too close to
  the listener
• may confuse math symbols and misread numbers or
• may not be able to retell a story in order (what
  happened first, second, third).

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What is Emotional Disturbance?

• means a condition exhibiting one or more of the
  following characteristics over a long period of
  time and to a marked degree that adversely
  affects a childs educational performance
• (a) An inability to learn that cannot be
  explained by intellectual, sensory, or health
  factors.
• (b) An inability to build or maintain
  satisfactory interpersonal relationships with
  peers and teachers.
• (c) Inappropriate types of behavior or feelings
  under normal circumstances.
• (d) A general pervasive mood of unhappiness or
  depression.
• (e) A tendency to develop physical symptoms or
  fears associated with personal or school
  problems.
• The term includes schizophrenia. The term does
  not apply to children who are socially
  maladjusted, unless it is determined that they
  have an emotional disturbance.

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Characteristics of Students with Emotional
Disturbance

• Some of the characteristics and behaviors seen in
  children who have an emotional disturbance
  include
• Hyperactivity (short attention span,
  impulsiveness)
• Aggression or self-injurious behavior (acting
  out, fighting)
• Withdrawal (not interacting socially with others,
  excessive fear or anxiety)
• Immaturity (inappropriate crying, temper
  tantrums, poor coping skills) and
• Learning difficulties (academically performing
  below grade level).

• Children with the most serious emotional
  disturbances may exhibit distorted thinking,
  excessive anxiety, bizarre motor acts, and
  abnormal mood swings.
• Many children who do not have emotional
  disturbance may display some of these same
  behaviors at various times during their
  development. However, when children have an
  emotional disturbance, these behaviors continue
  over long periods of time. Their behavior signals
  that they are not coping with their environment
  or peers.

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Designing School-Wide Systems for Student Success
Academic Systems
Behavioral Systems
1-5
1-5
5-10
5-10
80-90
80-90

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CPSE/CSE PROCESS
1.
Referral
Before the meeting
2.
Evaluation
3.
Eligibility
At the meeting
IEP Development
4.
Implementation
5.
After the meeting
6.
Annual Review/Reevaluation
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The IEP is the Cornerstone of the Special
Education Process
The IEP is a strategic planning document that
should be far reaching in its impact. An IEP
identifies a students unique needs and how a
school will strategically address those needs.
Identifies how the resources of the school need
to be configured to support the students needs
Supports participation in the general education
curriculum and learning standards
Identifies how the student will be prepared for
adult living
Guides the provision of instruction designed to
meet a students needs
IEP
Provides an accountability tool
Ensures a strategic and coordinated approach to
address a students needs
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Sections of the IEP
11) Placement
10) Special Transportation
9) Participation in State Assessments, and with
Students without Disabilities
8) Coordinated Set of Transition Activities
7) Testing Accommodations
6) 12 month Services (if needed) 5) Programs and
ServicesModifications Supports
4) Reporting progress to parents 3) Annual
Goals, Objectives / Benchmarks (if needed)
2) Measurable Post Secondary Goals and
Transition Needs
1) Present Level Of Performance
NYC Summary - Student Information
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Individualized Education Program (IEP)

• Federal law IDEA - Section 614(d)(1)(A)(i)
• In general - The term individualized
  education program or IEP means a written
  statement for each child with a disability that
  is developed, reviewed, and revised in accordance
  with this section and that includes
• NYS regulations Section 200.4(d)(2)
• If a student has been determined to be
  eligible for special education services, the
  Committee shall develop an IEP.

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Individualized Education Program (IEP)

• A students IEP
• Is a legal document
• Is an Individualized Education Program
• Identifies the disabilities
• Identifies students strengths and weaknesses
• Identifies the Special Education program and/or
  services
• Documents the necessary accommodations and
  supports
• Provides opportunities for involvement with
  non-disabled peers as appropriate

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Special Education Services in NYC

• Address Special Education Law (IDEA) which
  entitles all students to an education aligned
  with their individual needs in the least
  restrictive environment (LRE) as appropriate
• Ensure that special education is a service, not
  a place
• Provide a broad range of services and supports
  for all students with disabilities
• Require schools to provide intervention in
  academic and social/emotional areas in general
  education prior to a referral for special
  education services

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300.101 Free Appropriate Public Education must
be available to all children residing in
the State between the ages of 3 and 21, I
inclusive, including children with
disabilities who have been suspended or
expelled from school.
300.114 Least Restrictive Environment to the
maximum extent appropriate, children with
disabilities, including children in public or
private institutions or other care facilities,
are educated with children who are not disabled,
and special classes, separate schooling, or other
removal of children with disabilities from the
regular education environment occurs only when
the nature or severity of the disability of a
child is such that education in regular classes
with the use of supplementary aids and services
cannot be achieved satisfactorily.
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Special Education Services in NYC
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Accessing the General Education Curriculum
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The Parent Coordinator in Action

• Saras Story
• When Sara was in the first grade, her teacher
  started teaching the students how to read. Saras
  Mom was really surprised when Sara had a lot of
  trouble. She was bright and eager, so she thought
  that reading would come easily to her. It didnt.
  She couldnt match the letters to their sounds or
  combine the letters to create words. Saras
  problems continue in second grade. She is not
  reading and she is having trouble with writing
  too. Mom thinks Sara may have a learning
  disability. Saras Mom comes to you for help
  before talking to Saras teacher.

What can you do?
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Effective Parent Coordinator Strategy

• Discuss the schools RTI process with the parent
• Referral to the Pupil Personnel Team
• Review intervention services offered at your
  school
• Coordinate meetings between parents and teachers
• Request/arrange parent literacy workshops for
  parents
• Provide information about and referrals to
  community-based resources

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The Parent Coordinator in Action

• Shawns Story
• Shawn is a 4th grader who enjoys school, gets
  along well with his classmates, and loves class
  discussions. He is good at reading and writing
  stories. Math, on the other hand, is beginning to
  be a problem. Shawn can remember his
  multiplication tables when he says them in order
  (5 x 1, 5 x 2, 5 x 3, etc.), but he struggles to
  recall these facts when he is solving a problem,
  especially a word problem. When Shawn reads a
  word problem he doesnt know where to start.
  Whats more, once he has begun a problem, he
  cant seem to remember what to do in the middle,
  and cant recognize when hes seen the same type
  of problem before. Now that Shawn is having
  trouble in math, he is becoming more and more
  anxious, and has even told his teacher that he
  thinks he is "dumb" because he cant figure out
  his math homework.
• Shawns father is worried about how much Shawn
  has begun to hate math. He knows that at the end
  of year his son will need to take a state math
  test before he can go on to fifth grade. He comes
  to you for advice.

What can you do?
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ACRONYMS

• IEP ________________________
• FAPE ______________________
• IDEA _______________________
• RTI ________________________
• LD _________________________
• LRE ________________________
• PLP ________________________
• SETSS ______________________
• ACCES ______________________
• ICT _________________________
• CSE _________________________
• FBA _________________________

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Special Education Resources

• National Dissemination Center for Children with
  Disability http//nichcy.org/
• NYSED Special Education http//www.p12.nysed.gov/s
  pecialed/formsnotices/
• NYC Department of Education http//schools.nyc.gov
  /Academics/SpecialEducation/ParentResources/defaul
  t.htm