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Special Education Overview
Original by Linda Gulbranson Revised by Eva PohlBRIC Special Education Coordinator BRIC Sped CoordinatorAugust 29, 2007 September 1, 2009
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The Top 10 Basics of The Top 10 Basics of Special EducationSpecial Education
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IDEAIDEA
IIndividuals with ndividuals with DDisabilities isabilities EEducation ducation AActct
Our nation’s special education lawOur nation’s special education law
Federal Regulations
Federal Regulations
Minnesota Statutes
Minnesota Statutes
MinnesotaRules
MinnesotaRules
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Acronyms DefinedAcronyms Defined
FFree ree AAppropriate ppropriate PPublic ublic EEducationducation
What States must make available What States must make available to all eligible children with disabilitiesto all eligible children with disabilities
FAPEFAPE
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Steps:Steps:The Basics of Special The Basics of Special
Education Process under Education Process under IDEAIDEA
Step 1.Step 1. Child is identified as possibly needing special education and related services
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Steps:Steps:The Basics of Special The Basics of Special
Education Process under Education Process under IDEAIDEA
Before a pupil is referred for Before a pupil is referred for special education assessment, the special education assessment, the district must conduct & document district must conduct & document at least two instructional strategies, at least two instructional strategies, alternatives, or interventions while alternatives, or interventions while the child is in the regular education the child is in the regular education classroom. The pupil’s teacher classroom. The pupil’s teacher must provide the documentation. must provide the documentation.
Minn.Stat. 125A.56(a)Minn.Stat. 125A.56(a)
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Pre-referral Interventions
• Pre-referral interventions are planned, systematic efforts by regular education staff to resolve apparent learning or behavioral problems.
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Why Pre-Referral?• Regular education is least
restrictive
• Every option available should be tried prior to referral
• Need strategies in place to deal with at risk students
• Students have unmet needs: 25% have unmet academic and behavioral needs; only half will qualify for special education services…This is the “Sea of Ineligibility”
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Pre-referral Team: SST, TAT
• General education staff should have the support of the pre-referral team often called student support team (SST) or teacher assistance team (TAT).
• Besides the general education teacher seeking support, this team may be comprised of other general education teachers, the school-home interventionist, the principal, school psychologist, school social worker, special education teacher, and/or other specialists.
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Parent Notification
General education staff has the responsibility of informing the parent prior to seeking the assistance of the SST or TAT team. It is critical that parents are involved early in the process so that trust with the staff and school district is developed and nurtured.
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• The SST or TAT team needs to develop criteria and indicators to determine whether or not an intervention is successful. Data to be collected should include baseline data and the results of any progress made while the intervention was in process.
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Steps:Steps:The Basics of Special The Basics of Special
Education Process under Education Process under IDEAIDEA
Step 1.Step 1. Child is identified as possibly needing special education and related services
Step 2.Step 2. Child is evaluated
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Special Education Evaluation
• Parent Consent for evaluation• Conduct Comprehensive Evaluation
– Parent information– Evaluation results– Interpretation of results – Eligibility determination– Educational needs– Must be completed within 30 school days
(Minn. R. 3525.2550, subp.2)
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Special Education Evaluation
Evaluation must provide data to verify that the student:
meets eligibility criteria components
and
demonstrates a need for special education services.
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Steps:Steps:The Basics of Special The Basics of Special
Education Process under Education Process under IDEAIDEA
Step 3.Step 3. Eligibility is decided based on the information collected during the evaluation process.
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Child has a disabilityIDEA
Child has a disabilityIDEA
Special Special EducatioEducatio
n n EligibilityEligibility
Child’s disability adversely affects his/her educational
performance
Child’s disability adversely affects his/her educational
performance
Child receives specializedInstruction
(Special Education)
Child receives specializedInstruction
(Special Education)
Does child need a related service to benefit from Specialized instruction
(Special Education)
Does child need a related service to benefit from Specialized instruction
(Special Education)
How much & what type of Related service does child
Need to benefit from Specialized instruction
How much & what type of Related service does child
Need to benefit from Specialized instruction
YES
YES
YES
YES
NO
NO
NO
Child is not eligibleFor
special education
Child is not eligibleFor
special education
Child is not eligibleFor
special education
Child is not eligibleFor
special education
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Minnesota Disability Categories
• Autism Spectrum Disorders (ASD)
• Deaf/Hard of Hearing (DHH)• Emotional or Behavioral
Disorders (E/BD)• Deaf-Blind• Developmental Cognitive
Disability (DCD:MM or DCD:MS)
• Specific Learning Disability (SLD)
• Other Health Disabilities (OHD)
• Severely Multiply Impaired• Speech or Language
Impairments (S/L)• Visually Impaired (VI)• Traumatic Brain Injury (TBI)• Developmental Delay
– Three through six
• Infant & Toddler Intervention Service
– Birth through two
• Physically Impaired (PI)• Developmental Adapted
Physical Education (DAPE)
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Steps:Steps:The Basics of Special The Basics of Special
Education Process under Education Process under IDEAIDEA
Step 3.Step 3. Eligibility is decided
Step 4.Step 4. Child is found eligible for services and is in need of special education services.
Yes
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Steps:Steps:The Basics of Special The Basics of Special
Education Process under Education Process under IDEAIDEA
Step 5.Step 5. IEP meeting is scheduled
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WWho must be include on the IEP Team?ho must be include on the IEP Team?
•The parents of the child.•Regular education teacher (not less than 1)•Team member licensed in a pupil’s disability•Licensed special education provider•District Representative•Student
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Excusing a Member from Attending the Meeting
Being “excused”—New provisions in IDEA 2004!
• Parents and LEA must agree that the member’s attendance is not necessary
• Parents’ agreement (and the LEA’s) must be in writing
When a member of the IEP Team’s area is NOT being modified or discussed, the member may be excused from attending the meeting, in whole or in part, under two conditions:
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Yes, if:
May a certain member of the IEP Team be excused if his or her subject area is going to be discussed?
Parent consent to excuse any member must be in writing
Parents and LEA consent to excuse the member
Member submits, in writing to the parent and the IEP Team, input into the development of the IEP before the meeting
Excusing a Member from Attending the Meeting
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Steps:Steps:The Basics of Special The Basics of Special
Education Process under Education Process under IDEAIDEA
Step 6.Step 6. IEP meeting is held, and the IEP is written
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IDEA’s Definition of IEPIDEA’s Definition of IEP
§300.22
§300
.320
— §
300.
324
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Developing the IEP
The IEP Team The IEP Team must consider…must consider…
Strengths of the child Concerns of parents for
enhancing their child’s education
Results of the child’s initial evaluation (or most recent evaluation)
Academic, developmental, and functional needs of the child
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IEP Components• Present Levels of Academic and Functional Performance (PLAFP)– How disability affects
involvement & progress in the general curriculum
• Annual goals & objectives• Special Education & Related
Services• Least Restrictive Environment
explanation• Adaptations in general & special
education– Supplemental aids & services– Program modifications – Assistive technology
• Behavioral Intervention Plans (if needed)
• Progress reporting 26
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Steps:Steps:The Basics of Special The Basics of Special
Education Process under Education Process under IDEAIDEA
Step 7.Step 7. Services are provided
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Implementing the IEPImplementing the IEP
As soon as possible following development of the IEP…
Special education and related services must be made available to the child in accordance with the child’s IEP
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Implementing the IEPImplementing the IEP
All Service Providers Who Will Be Implementing the IEP…
• Must have access to the IEP
• Must be informed of their specific responsibilities
• Must be informed of specific accommodations, modifications, and supports to be provided to the child, in accordance with the IEP
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Continuum of Services
30
Regular Education
Special Classes
Special Schools
Home Instruction
Institutions
All children have a right to continuum of
services and placements to meet
their individual needs.
Majority of students are served in the regular
classroom for all or part of the school day.
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Not Based on:Not Based on:
ServiceAvailabilit
y
Disability
SpaceAvailability
CurriculumContent
InstructionalMethods
IEP PLACEMENTIEP PLACEMENT
School Organization
School Organization
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32
IN IDEA, OUR BUSINESS IS SPECIALLY DESIGNED
INSTRUCTION
SPECIALLY DESIGNED INSTRUCTION = SPECIAL
EDUCATION
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Steps:Steps:The Basics of Special The Basics of Special
Education Process under Education Process under IDEAIDEA
Step 8.Step 8. Progress on IEP goals and objectives is measured and reported to parents at least as often as their mainstream peers receive progress.
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Steps:Steps:The Basics of Special The Basics of Special
Education Process under Education Process under IDEAIDEA
Step 9.Step 9. IEP is reviewed annually
Step 10.Step 10. Child is reevaluated every three years
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Role of General
Education Teacher
in IEP Process
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Role of the Regular Education Teacher
• As member of IEP team, must participate in the development of the child’s IEP including the determination of:– Appropriate positive behavioral interventions
and supports and other strategies for the child– Supplementary aids and services, program
modifications, and support for school personnel
34 C.F.R. § 300.324(a)(3)
Minn. R. 3525.2810.subp.2(D)
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Role of the Regular Education Teacher
• Development, review, revision of IEP– Present Levels of Performance
• K-12: a statement of how the child’s disability affects the child’s involvement and progress in general curriculum
– Expertise regarding the general curriculum and general education environment
• Determination of adaptations required to ensure access to general curriculum to maximum extent possible
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Role of the Regular Education Teacher
• Increasing critical role (together with special education and related services personnel) in implementing program of FAPE for most children with disabilities as described in their IEPs.
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IEP Meeting Do’s & Don’tsTips to avoid legal dispute
and stay out of hot water!
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1. Avoid predetermination of placement• Do come to the meeting with
necessary information• A draft IEP is not prohibited• Consent should be obtained
after parent receives a written copy of proposed IEP
Possible Scenarios to avoid:•A teacher indicates during the meeting, “well, we’ve already met on that and decided…”•School personnel arrive at meeting with the IEP completed in full only to be signed by the parent
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2. Avoid recommendations / decisions based upon the availability of services• Must be based upon the
individual student’s needs
Possible scenarios to avoid:•“But we always do it that way.”•“My schedule won’t allow for that.”•“But all our students get……”•“I wish we could offer ______ because he really needs it, but we don’t have that here.”•“We’ve never done that before and we’re not starting now.”•“My class doesn’t have those services.”
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4) Avoid violations of Confidentiality• Be very careful to avoid
releasing confidential information to persons who do not have legitimate educational interest in knowing the information
3) Avoid recommendations / decisions based upon cost• The provision of special
education services can be costly
• Cost is generally not a defense for failure to offer services that are required to provide FAPE.
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6. Avoid Being “Witherish”• IDEA requires that teachers engage in good faith,
reasonable efforts to implement the provisions of an IEP• Doe v. Withers – A jury returned a verdict in favor of parents of
an LD student against a high school teacher for $5000 in compensatory damages and $10,000 in punitive damages for a teacher’s refusal to provide their son oral testing as required by IEP.
5. Avoid diagnosing medical conditions or suggesting medication without the credentials to do so
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Practical Tips for Helping Teachers Maintain Good Public Relations
and Avoid Disputes Maintain patience,
patience, patience Don’t make
decisions or take action “as a matter of principle”
Not getting personally involved, remain professional
Maintaining a sense of humor
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ADAPTATIONS
Supplementary Aids and Service
Program Modifications and Supports
for School Personnel
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Services & Adaptations on IEP
• Linked to disability & educational needs in evaluation
• Will be provided to the student to advance appropriately toward attaining annual goals, to be involved and progress in the general curriculum
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Modifications / Accommodations
• Adaptations made in the curriculum, presentation method, or the environment to provide support for the individual student
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Often the terms are used interchangeably but…
Accommodation - allows access
conditions which does not alter the validity, reliability, or rigor
Modification
• Adjustment that is significant enough to result in a change in the level of difficulty.
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Adaptations
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7 Key Questions• What is the objective of assignment?• Is the format the best way to teach concept?• What steps are required to complete assignment?• Are the students proficient in these steps?• If not, can materials be modified?• Should objective itself be modified or different
task?• Should assignment be deleted for student or entire
class?
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Accommodations/Modifications
• Adapting Materials– Layout & Design– Directions– Content– Testing
• Adapting Objective– Must know vs. nice to know
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Accommodations/Modifications
• Instruction Adaptations
• Grading Adaptations
• Behavior Adaptations
• Altered Assignments
• Delete From Curriculum– Educational value or time-filler?
• Environmental Adaptations
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Every student can Every student can
learn,learn, just not on the same dayjust not on the same day
-- George Evans.
or the same way.or the same way.
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Confidentiality
Mandated Reporting
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Confidentiality
• Confidentiality must be maintained and protected– Federal laws, state regulations, and local policies
require maintaining confidentiality.• Family Education Rights and Privacy Law (FERPA)
• The rights of students to due process, dignity, privacy, and respect must be promoted
• Need to respect right to basic dignity for each student
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Confidentiality
• Data concerning individual student programs are treated as sensitive and confidential
• Respect the confidentiality of information you receive about students with whom you work
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Confidentiality
• Who may access written or oral information?– Personnel responsible for the design, preparation, and
delivery of education and related services
• Who should not have access?– Teachers, therapists or other school personnel and co-
workers not responsible for planning or providing services
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Confidentiality
• What information do children and their families have the right to expect will be kept confidential?– Results of formal and informal assessments
– Social and behavioral actions
– Performance and level of progress
– Program goals and objectives
– All information about family relationships, financial status, and other personal matters.
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Confidentiality
• Can be extremely difficult to maintain because often situations arise that are unexpected and appear harmless if information is shared
• Before giving information to anyone about a student ask yourself:– Is this person directly involved with the student’s
education?
– Will the student benefit if this person has the information?
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Mandated Reporting
• Legal mandate for professionals and their delegates who work with children to report maltreatment of minors– Teachers, paras, school administrators, support staff (cooks, bus
drivers, janitors, others)
• When to report– If you know or have reason to believe that a child is currently
being abused or neglected or has been in the preceding three years
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Mandated Reporting
• Who to report to:– Recommended procedure is to inform or
consult with supervisor and/or administrator prior to making report to appropriate officials directly.
– Check local county / school district for procedures
• May include: law enforcement or social services
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Mandated Reporting
• You are responsible
• You are a mandated reporter 24 hours a day
• Reporter’s name is confidential
• Immune from Civil Liability when acting in good faith
• Failure to report: Misdemeanor
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John F. Kennedy.
Let us think of education as the Let us think of education as the means of developing our greatest means of developing our greatest
abilities…abilities…
……because in each of usbecause in each of usthere is a private hope and dream there is a private hope and dream
which, fulfilled…which, fulfilled…
……can be translated can be translated into benefit for everyone.into benefit for everyone.