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The issues and laws that govern services for students with disabilities

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Title: The issues and laws that govern services for students with disabilities


1
Understanding Special education
  • The issues and laws that govern services for
    students with disabilities
  • Presented by Rebecca Strong, Program Specialist,
    HESD

2
Induction Program Standard 6 Universal Access
  • To ensure academic achievement for special
    populations, participating teachers adhere to
    their legal and ethical obligations relative to
    the full range of special populations (students
    identified for special education, students with
    disabilities, advanced learners and students with
    a combination of special instructional needs)
    including the identification and referral process
    of students for special services. Participating
    teachers implement district policies regarding
    support services for special populations.
    Participating teachers communicate and
    collaborate with special services personnel to
    ensure that instruction and support services for
    special populations are provided according to the
    students assessed levels of academic, behavioral
    and social needs.
  • Based on assessed student needs, participating
    teachers provide accommodations and implement
    modifications. Participating teachers recognize
    student strengths and needs, use positive
    behavior support strategies and employ a
    strengths-based approach to meet the needs of all
    students, including the full range of special
    populations.
  • Participating teachers instruct special
    populations using adopted standards-aligned
    instructional materials and resources.

3
Three levels of services
  • General Education accommodations and
    modifications should be made as needed for all
    students.
  • Section 504 accommodations and modifications
    that are legally required once indicated on an
    accommodation plan.
  • Special Education - accommodations,
    modifications and special services that are
    legally required once indicated on the students
    Individual Education Program (IEP)

4
Entering the World of Special Education
5
What is Special Education?
  • Defined by California Education Code 56031
    Special education means specially designed
    instruction, at no cost to the parent, to meet
    the unique needs of individuals with exceptional
    needs, whose educational needs cannot be met with
    modification of the regular instruction program,
    and related services, at no cost to the parent,
    that may be needed to assist these individuals to
    benefit from specially designed instruction.

6
IDE(i)A
  • Individuals with Disabilities Education
    (Improvement) Act (2004).
  • Federal Laws, Federal Regulations, State Laws and
    State Regulations
  • These laws require
  • Provision of Free Appropriate Public Education
    (FAPE)
  • In the Least Restrictive Environment (LRE)

7
When do we refer?
  • IDEA and California Law require districts to
    engage in child find, locating, identifying,
    and assessing students with disabilities.
  • Therefore, when we suspect a disability we begin
    the referral process.

8
The referral process
  • Classroom based interventions, implemented with
    fidelity.
  • Interventions are not the things you do for all
    children.
  • One, unsuccessful intervention is not enough.
  • Still not seeing success, refer for a Student
    Study Team meeting.

9
Why SST first? Because Ed Code says
  • EC 56302 Identification procedures for special
    education shall be coordinated with school site
    procedures for referral of pupils with needs that
    CANNOT BE MET WITH MODIFICATION OF THE REGULAR
    INSTRUCTIONAL PROGRAM.
  • EC 56303 A pupil shall be referred for special
    educational instruction and services only after
    the resources of the regular education program
    have been considered and, where appropriate,
    utilized.
  • This is documented on the SST forms.

10
The Student Study Team
  • A team meets to discuss concerns, present levels
    and what interventions have been tried.
  • Allows for many educators to look at the
    information and create a new plan to try to
    address the concerns. Two (or three, or four)
    heads are better than one.
  • Helps to identify new ways to differentiate
    instruction for that particular student
  • The team will re-meet at a designated time to
    assess how well the new interventions/techniques
    are working.

11
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12
Times when assessment might happen right away
  • Student is suspected of having a medical or
    health condition that is impacting school
    (hearing loss, leukemia, etc.)
  • Student has suffered some form of head trauma
    with detrimental effects.
  • Student is suspected of having a developmental
    disability (Intellectually Disabled, Autistic,
    etc.).

13
Times when assessment will wait
  • Student is showing academic struggles and is in
    the early grades.
  • Student is showing academic struggles and has
    missed significant portions of school.
  • Student is showing academic struggles and is an
    English Language Learner.

14
Assessment for Special Education
  • Assessment team is assigned to conduct the
    assessment and determine if the child is eligible
    for Special Education services.
  • The team is made up of
  • School Psychologist
  • Special Education Teacher
  • School Nurse
  • SELPA DIS service staff

15
Eligibility for Special Education 13
Handicapping Conditions
  1. Hard of Hearing
  2. Deafness
  3. Visual Impairment
  4. Hearing and Visual Impairments
  5. Language or Speech Disorder
  6. Orthopedic Impairment
  7. Intellectually Disabled
  • Emotional Disturbance
  • Other Health Impairment
  • Established Medical Disability (0-5 years)
  • Autistic-Like Behaviors
  • Traumatic Brain Injury
  • Specific Learning Disability
  • California Code of Regulations Title 5 CCR 3030

16
Eligibility Criteria
  • Each disability has specific criteria that must
    be met in order for a child to be eligible for
    special education under that category.
  • For Example
  • Speech/Language Impairment Student must show
    articulation errors that are not age appropriate
    and impact intelligibility or perform below the
    7th percentile on two standardized assessments in
    order to be eligible for speech/language
    services.

17
Specific Learning Disability Criteria
  • A pupil has a disorder in one or more of the
    basic psychological processes involved in
    understanding or in using language, spoken or
    written, which may manifest itself in an impaired
    ability to listen, think, speak, read, write,
    spell, or do mathematical calculations, and has a
    severe discrepancy between intellectual ability
    and achievement in one or more of the academic
    areas. (Title 5 CCR 3030(j))
  • The discrepancy shall not be primarily the result
    of limited school experience or poor school
    attendance.

18
Qualified as Learning Disabled
19
Did Not Qualify Academics in the Average Range
20
Eligibility Determination
  • Assessment is completed
  • IEP team meeting is held
  • Based upon assessment information, the team
    members determine eligibility for special
    education
  • If eligible an Individual Education Program is
    created by the team to meet that students needs.

21
What is an IEP?
  • Defined by California Education Code 56032
    Individualized education program means a
    written document for an individual with
    exceptional needs that is developed, reviewed and
    revised in a meeting.
  • The document outlines
  • Present levels, including needs
  • Goals
  • Placement
  • Services
  • Supplementary aides and services

22
IEP Meetings
  • Required participants at the meeting, EC 36341
  • One or more parent, or a representative of the
    parent
  • Not less than one regular education teacher of
    the pupil, if the pupil is or may be
    participating in the regular education
    environment.
  • Not less than one special education teacher of
    the pupil
  • A representative of the Local Educational Agency
    (LEA) who is qualified to supervise specially
    designed instruction, is knowledgeable about the
    general curriculum, is knowledgeable about the
    availability of resources of the LEA
    (Administrator).

23
The Continuum of Services
  • Not a comprehensive list of services

24
The Gen Ed Teachers Role for Sp. Ed.
  • Provide information about the students present
    levels of performance.
  • Be a participant in the IEP meeting.
  • Implement any and all services agreed to in the
    IEP.
  • Provide work samples to the special education
    teacher that are required for goal monitoring.
  • Collaborate with the special education staff to
    help meet the students needs (RSP, Speech,
    etc.).
  • Confidentiality information shared on a need to
    know basis.

25
Low Performing Students
  • Why is it that there are times when low
    performing students do not qualify?
  • Some students have low ability level, which is
    the cause of their low academic skills.
  • This indicates that the student is performing up
    to his or her ability level.
  • Continue to have high expectations for these
    students, but recognize that he or she may not be
    able to make progress at the same speed as your
    other students
  • This is why differentiation of instruction is so
    vital!

26
Did Not Qualify Academics Below the Average
Range
27
Differentiation - Know your students
  • Know learning strengths and weaknesses
  • Know your students learning style
  • Know your students interests

28
Differentiation What your students know
  • Pre-lesson assessment to identify previous
    knowledge
  • Identify what you want them to learn
  • Pre-teach necessary information for the student
    to be successful

29
Differentiation How you teach
  • Use a variety of teaching styles
  • Utilize direct instruction teacher driven
    instruction
  • Inquiry based learning student driven
    investigation
  • Cooperative learning heterogeneous groups

30
Differentiation What students do
  • Offer a variety of instructional activities
  • Variety should help to address differences in
    learning style, skill level, interest

31
Differentiation - Assessment
  • Throughout the process
  • Pre-test
  • Testing throughout
  • Post-test
  • Should drive the need for additional small group
    instruction
  • Offer a variety of assessment methods which will
    help address learning style, skill level, interest

32
Accommodations vs. Modifications
  • Accommodations
  • A change to the way you approach a task
  • allow student extra time and to circle the answer
    in the test, rather than filling in the scantron
    bubbles .
  • Modifications
  • A change in the task itself
  • allowing a student to take a test from a lower
    grade level and throwing out one of the four
    multiple choice answers.

33
Contact Information
For further information
  • rstrong_at_hesd.k12.ca.us Extension 3640
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