Special Education Mandated Training For Lunenburg Public School Staff

Special Education Mandated Training For Lunenburg Public School Staff

Goal of this Presentation To provide information regarding general and special education laws and regulations to assist you in integrating the various components of your role in the district

How Did We Get Here? 1974 Authorization of Chapter 766 June 1993 -- Education Reform Act June 1997 -- IDEA Reauthorization March 1999 -- IDEA 97 Regulations January 2001-- Massachusetts final Special Education Regulations, 603 CMR 28.00 October 2006 --IDEA 2004 Reauthorization February 2007 Massachusetts Special Education Regulations, 603 CMR 28.00 amended

Federal & State Special Education Laws IDEA 97 (Individual Disability Education Act) Free and Appropriate Public Education (FAPE) Appropriate Evaluation and Independent Educational Evaluations (IEE) Individualized Education Program (IEP) Least Restrictive Environment (LRE) Notice of Procedural Safeguards No Child Left Behind (NCLB) IDEA 2004

Comparing the Changes IDEA 1997 emphasis on process "wait to fail" model dual system; general & special education lack of validity in methods of identification IDEA 2004 emphasis on results early intervention to prevent failure unified single system rigorous, scientifically based identification methods

Comparing the Changes IDEA 1997 focus on compliance LD identification based on: IQ-achievement discrepancy formula encouraged mainstreaming students with disabilities into regular classrooms IDEA 2004 focus on student achievement LD identification based on: student response to scientific, research-based interventions (RTI) requires inclusion of students with disabilities in regular classrooms

Comparing the Changes IDEA 1997 vs IDEA 2004 Mainstreaming generally, a student must "earn" the opportunity to participate in a regular setting by demonstrating the ability to "keep up" with the regular class students travel to the services Inclusion is the commitment to educate each child in the regular classroom setting, to the maximum extent appropriate services are brought to the student

IDEA 2004 Eligibility Requirements A student will NOT be identified as a child with a disability if the learning problems are due to: a lack of scientifically-based instructional practices and programs that contain the essential components of reading instruction a lack of instruction in math Limited English Proficiency

"...There is no evidence that the IQ-achievement discrepancy formula can be applied in a consistent and educationally meaningful (i.e., reliable and valid) manner." "...this approach has been found to be particularly problematic for students living in poverty or culturally and linguistically different backgrounds, who may be erroneously viewed as having intrinsic intellectual limitations when their difficulties on such tests really reflect lack of experience or educational opportunity. Senate Report regarding IDEA

So how will we get there?

Procedures required prior to consideration for a Special Education evaluation Federal law and state regulations require evidence of previous educational interventions before a child who is experiencing instructional or behavioral problems may be considered for special education. These classroom interventions are not an attempt to deny the benefits of special education services. They are (or should be) specifically designed strategies implemented by the classroom teacher to respond to student's individual instructional needs to insure that special education referrals are made only when necessary. The results of these interventions must be documented.

If these interventions are not successful, a team must be formed to provide assistance to the teacher working with the student. Members of the team may include the principal, school counselor, school nurse, school psychologist, classroom teacher, counselor and the parent. The team will review the documentation of the interventions attempted, and other background information available. This is the pre-referral process!

The team may choose to: Obtain additional information using informal methods, including: Observation of the student Assessment for instructional purposes Conference with the student Recommend specific in-school program modifications Provide additional program support to the teacher Provide other regular education services to the student After school tutoring Computer assisted instruction, etc. Refer the student for a special education evaluation

Appropriate Evaluation Assessment in all areas related to suspected disability (*required on initial & 3 year evaluation) Individualized assessments Non-discriminatory assessments Evaluation in the native language or mode of communication A variety of tools and strategies, including information provided by the parent Participation in State and District-Wide Assessments

Team Members at least one of the child's regular education teachers at least one special education teacher a representative of the school who can allocate resources an individual to interpret the instructional implications of the evaluation results the child's parent at the discretion of the school or parent, other persons with knowledge or special expertise about the child. The Team will discuss evaluation results, determine eligibility, develop or modify an IEP, or determine type of placement.

Determining Eligibility for Special Education *Does the student have one or more of the disabilities identified in regulation? *Is the student making effective progress in school? Is the lack of progress a result of the student s disability? *Does the student require specially designed instruction and/or related services necessary to access the general curriculum?

Disability Types Autism Developmental Delay Intellectual Impairment Sensory Impairment- (Hearing, Vision, Deaf- Blind) Specific Learning Disability Neurological Impairment Emotional Impairment Communication Impairment Physical Impairment Health Impairment

Individualized Education Program (IEP) The law provided that the TEAM develops an Individualized Education Program (IEP) in written form. The IEP shall include specially designed instruction to meet the needs of the individual student and related services that are necessary to allow the student to benefit from the specially designed instruction, or may consist solely of related services that are necessary to allow the student to access the general curriculum, consistent with federal and state requirements. [603 CMR 28.05 (4) (a)]

Placement *Team identifies the type of placement *Placement is based on the needs of the student as reflected in the IEP *Placement is decided after the IEP is developed

Parent and Student Participation Involvement in decision making Involvement in planning educational goals and services Consideration of the concerns of the parent and/or the student

Procedural Safeguards -Right to written notice -Right to consent -Right to dispute or disagree with School and district actions; and -Right to due process including mediation, appeals or court actions -Districts cannot request a hearing to dispute a parent s refusal to consent to an initial evaluation or initial program placement.

Confidentiality All information about students, parents, and professional colleagues are to remain confidential! Please always be aware of what and who you say things to There are written policies to ensure the parent: the right to inspect a student s file within two consecutive weekdays of a request, the right to their child s confidentiality *TIP* Come up with a catch phrase for those times you may meet people in supermarkets and get asked questions!

Emails Professionalism is always expected Be informed! It is VERY easy to get caught up in the convenience of emailing but be aware of what you are writing AT ALL TIMES May be more prudent to pick up the phone or speak to someone in person *TIP* If you can t print out an email and post it on a bulletin board, think twice before sending it!

Civil Rights Methods of Administration

Federal and State Laws governing Civil Rights Title VI: Title VI of the Civil Rights Act of 1964 prohibits discrimination, exclusion from participation, and denial of benefits based on race, color or national origin in programs or activities receiving federal funds. EEOA: the Equal Educational Opportunities Act of 1974 prohibits the denial of equal educational opportunity in public schools on account of race, color, sex, or national origin.

Federal and State Laws continued Title IX: Title IX of the Education Amendments of 1972 Prohibits discrimination, exclusion from participation, and denial of benefits based on sex in educational programs and activities receiving federal funds. Section 504 Prohibits discrimination, exclusion from participation, and denial of benefits based on disability in programs or activities receiving federal funds.

Federal and State Laws continued Title II: Title II of the Americans with Disabilities Act of 1990 Prohibits discrimination, exclusion from participation, and denial of benefits on the basis of disability in public entities. IDEA: the Individuals with Disabilities Education Act of 1997 Governs special education.

Federal and State Laws Continued Massachusetts General Laws: Chapter 71 Governs public schools Massachusetts General Law: Chapter 71A Governs the education of English learners Massachusetts General Law: Chapter 71B Governs the education of children with special needs Massachusetts General Laws, Chapter 76 Governs school attendance

As a district, we need to: Identify students of Limited English Proficiency Provide modifications and support services for students Provide access for all students in district educational programs Provide placement of disabled, linguistic and racial minority, homeless, and male/female students Provide availability of in-school programs for pregnant students Provide information into languages other than English Provide access of extra curricular activities

Thank You Even more information is just a click away: www.doe.mass.edu/sped