Making Special Education Eligibility Decisions Presented by: Lizette Fernandez
Welcome Everybody stand up Raise your hand if you are an ESE Teacher Raise your hand if you write and/or participate in IEP meetings Raise your hand if you teach Primary (K-6) Raise your hand if you teach Secondary (7-12) Those participants who have been teaching for more than 5 years may remain standing Those participants who have been teaching for more than 10 years may remain standing Those participants who have been teaching for more than 20 years may remain standing
Presentation Objectives Provide steps and responsibilities to determining eligibility for Special Education. Understand the goal of special education Understand the process for determining eligibility Identify legal requirements of an individual education plan. Identify responsibilities of general education and special education teachers for providing appropriate instruction to students with disabilities.
Special Education Law The Individuals with Disabilities Education Act (IDEA) (IDEA) lists 13 categories of special education each with its own detailed requirements. Special education pertains to student's aged 3-22 who attend a PUBLIC INSTITUTION.
Official List of Disabilities (under ADA, IDEA and Section 504 of the Rehabilitation Act) Autism Autism Spectrum Disorder (ASD) Intellectual Disabilities (InD) Specific Learning Disability (SLD) Emotional Disturbance Emotional/Behavioral Disability (EBD) Traumatic Brain Injury (TBI) Speech or Language Impairments (SI) (LI) Orthopedic Impairments (OI) Visual Impairment, including blindness(vi) Other Health Impairments (OHI) Deaf-Blindness Deafness and Hearing Impairment Deaf or Hard-of-Hearing (DHH) Multiple Disabilities Developmental Delay (DD) IDEA includes 13 primary terms under the main definition of a child with a disability. These federal definitions guide how states define who is eligible for a free appropriate public education under special education law.
High and Low-Incidence U.S. Department of Education, Office of Special Education Program High Incidence About 80% of all Students with Disabilities, ages 6-21 Specific learning disabilities 49.2% Speech or language impairments 18.6% Intellectual disabilities 10.3% Emotional disturbance 8.1% Students with high-incidence disabilities make up 80% of all students with disabilities. Friend and Bursuck (2012) say students with High-Incidence disabilities share these characteristics: Often hard to distinguish from students without disabilities, especially in non-school settings. Often display a combination of academic, behavioral and social problems. Can meet same standards as students without disabilities when highly structured interventions are put into place.
High and Low-Incidence U.S. Department of Education, Office of Special Education Program Low Incidence Deafblindness 0.03% Traumatic brain injury 0.37% Visual impairments 0.43% Developmental delay 1.09% Orthopedic impairments 1.1% Low Incidence Hearing impairments 1.2% Multiple disabilities 2.2% Autism 2.3% Other health impairments 7.5% Students with low-incidence disabilities make up 20% of all students with disabilities. Friend and Bursuck (2012) say students with low-incidence disabilities: have received some type of special education service since birth need the same attention as students without disabilities includes students with moderate to severe intellectual disabilities (IQ < 50) may have a developmental delay
My Life With a Learning Disability
How does the law define a child with a disability? The term a child with a disability means: A child evaluated according to IDEA as having 1 or more 13 disabilities and Who, by reason thereof, needs special education and related services.
Determining Special Education Eligibility Criteria states that to qualify for special education services: a child must have one of the 13 disabilities as defined by IDEA AND the impact of the disability must create a need for services.
Establishing Educational Need for Special Education Having one or more of the disabilities specified by IDEA Student must experience a lack of academic/behavioral success The presence of a discrepancy alone does not establish need If a child s performance is NOT hindered by their disability, they may not qualify for services, even if they have one of the thirteen disabilities.
Examples of adverse impacts include: A discrepancy between performance and ability Limited progress, or deficiency in cognitive areas Problems with fine or gross motor skills. For example, if a child is developmentally and chronologically ten years old but continues to read at a first grade level, the adverse effect would be a limited progression in reading.
WHAT IS THE GOAL of SPECIAL EDUCATION? Special education makes it possible for a child to achieve academic success in the least restrictive environment despite their disability. The federal law governing the system is called the Individuals with Disabilities Education Act or IDEA IDEA entitles all children with learning disabilities to a free appropriate education FAPE
HOW TO GET STARTED? If a child is struggling in school, having social or behavioral problems If you (parent, teacher) suspect that a child may have one of the 13 categories of special education An evaluation may be requested to determine eligibility for ESE. Some school districts request that you meet with your school's student study team (SST) before conducting an evaluation.
The Multidisciplinary Team Student if appropriate Representative of the school administration LEA Student's parents School psychologist General education teacher & Special education teacher Other pertinent qualified individuals who can interpret the instructional implications of evaluation results A representative of the local educational agency LEA- Must be Qualified to provide or supervise special education Knowledgeable about the general education curriculum Knowledgeable about the availability of LEA resources
Responsibilities of the MDT Collect, Assemble, Evaluate DATA to determine whether a student meets eligibility for any of the official disabilities set forth in IDEA and state law
Eligibility Process Procedural Safeguards Valid Assessments Team Process
Procedural Safeguards Provide students and their parents the right to full and meaningful participatio n in the evaluation process 1 Provide notice to parents ANYTIME their child s education program is discussed so parents can participate in a meaningful way. 2 Invite parents to participate in meetings to develop their child s educational program 3 Secure parental consent prior to initiating evaluations of their child or placing their child in an educational program 4 Allow parents the opportunity to examine their child s educational records 5 Permit parents to obtain an independent evaluation at public expense if the parent disagree with the schools evaluation
Valid Assessments Administered in the child s native language or other mode of communication Reflects the child s aptitude or achievement level Not racially or culturally discriminatory Relevant to determine the educational needs of the student Assess the relative contribution of cognitive and behavioral factors Tailored to assess specific areas of educational needs
Team Process Determines if the student is a child with a disability Gathers any additional data and ensure that all information is documented Reviews existing data and determine if additional information is needed Prepares an evaluation report
Problems in Determining Special Education Eligibility Prevalent belief that special education services are for students who could benefit from them. There is a sense of entitlement The definitions treat the disabilities as thought they were discrete categories Parents may often prefer the label associated with one disability over the one associated with other Problems Federal regulations are frequently imprecise
The federal law, IDEA, requires that: Students with disabilities who meet the criteria of one or more categories of disability specified in law and who need special education services must have an IEP. The IEP must be reviewed at least annually and revised as necessary.
IEP The Individual Educational Plan is the primary vehicle for communicating the school district s commitment to addressing the unique educational needs of a student with a disability.
Developing Quality Individual Educational Plans A reference for all who participate in the IEP process Required and suggested practices for IEP development and documentation 26
What is a Quality IEP? A Quality IEP: Is in compliance with all requirements of federal (IDEA), state (FL Statutes), and district policies, procedures and regulations Reflects decisions based on active and meaningful involvement of members of the IEP team Provides a clear understanding of : Student educational needs and expected outcomes Special education services and supports 27
Federal State District Law FEDERAL IDEA STATE FLORIDA STATUTES FLORIDA ADMINISTRATIVE CODE DISTRICT ESE Special Programs & Procedures (SP&P) LEA Handbook
IEP Components 29 Present Levels of Academic Achievement and Functional Performance Measurable Annual Goals Benchmarks (if applicable) Special Education Services and Supports In a quality IEP, all components are clearly aligned.
MTSS Alignment with IEP Components MTSS Step 1. Problem Identification What s the problem? Step 2. Problem Analysis Why is it taking place? IEP Present Level of Academic Achievement and Functional Performance Step 3. Intervention Planning and Implementation What are we going to do about it? Measurable Annual Goals Special Education Services and Supports Step 4. Response to Instruction/Intervention Is it working? IEP Implementation, Review, and Revision 30
Present Level Statement Using the Problem-Solving Process Step 1: Problem Identification (What's the problem?) What is the student's current level of performance and rate of progress? What is the student expected to do? What is the gap between expected/current performance? 31
Step 2: Problem Analysis (Why is it taking place?) Determine the effects of the disability and identify educational needs resulting from the disability. Effect of Disability Unable to hear and use conversational speech Takes 50% more time than peers to complete written assignments with word prediction software Educational Need Needs to learn how to effectively communicate with peers and adults using total communication Needs extended time (50% more than peers) to complete assignments and assessments Why is the expected skill/behavior not occurring? What factors are contributing to the gap? What is the impact of disability on progress? 32
Step 3: Intervention Planning and Implementation What type of intensive, individualized intervention will be provided? Special education services and related services What type of support? Classroom and testing accommodations Program modifications Supplementary aids and services Support for school personnel When? Where? How often?
Step 4: Is it Working? IEP Implementation, Review, and Revision Understanding Responsibilities Teachers and other service providers must be informed of specific responsibilities related to the student s IEP. Each general education teacher, ESE teacher, and other service provider who works with the student must have access to the student s IEP. 34
Strength Statement Affects Statement Make sure it is individualized Interpret provided data State what the student is currently able to do in: Reading, Math and Written Communication Written in understandable language, include words that are measurable and be instructionally relevant. Affects of the Disability Make sure it is individualized Interpret provided data State what the student is currently unable to do in: Reading, Math and Written Communication Written in understandable language, include words that are measurable and be instructionally relevant.
Sources of Information Academic Achievement State assessments ( FCAT 2.0, FAA, EOC, FSA) District achievement assessments Report cards and progress reports Curriculum-based and progressmonitoring assessments (RtI, MTSS) Diagnostic assessments Work samples and observations Functional Performance Discipline and attendance records Functional behavioral assessments Reports of motor and sensory proficiency Speech and language evaluations Observations/anecdotal records Interviews with teachers, parents, and the student Use current, objective data from a variety of sources 36
Priority Educational Needs (PEN) Developed from the impact of disability statement Address only the skill(s) that the student is currently unable to do It is the direct link from PLEP to Measurable Annual Goals.
Annual Measurable Goals Observable Behavior States a specific action or act that can be observed and measured by another person Condition The tools, situation, or assistance to be provided Criteria Acceptable performance (how well the student must perform)
Examples of Annual Measurable Goals Math Skills Using 20 flashcards, the student will orally recall the 0-9 addition facts within 10 seconds in 4 out of 5 opportunities. Given a worksheet, the student will solve 2 digit addition problems without regrouping in 8 out of 10 opportunities. Given a worksheet, the student will solve 2 digit addition problems with regrouping in 8 out of 10 opportunities. Behavior, Condition, Criteria
GAME TIME Can you identify what is the Behavior, Condition & Criteria? Given 10 multi-step word problems, Janet will solve 9 out of 10 problems correctly.
Game Time Answer Given 10 multi-step word problems, Janet will solve 9 out of 10 problems correctly. Behavior: Solve the problems Conditions: Given 10 multi-step word problems Criteria: 9 out of 10 correctly
Video Successful IEP Meeting & Q & A
Least Restrictive Environment
Defining LRE Each public agency must ensure that and
Defining LRE
Defining LRE Placements Consideration must be given to any potential harmful effect on the child or on the quality of services that the child needs. A child with a disability may not be removed from education in age-appropriate regular classrooms solely because of needed modifications in the general education curriculum.
What Are LEA Requirements for LRE? Each LEA must have a continuum of alternative placements to meet the needs of students with disabilities for special education and related services. The continuum refers to the entire spectrum of placements where a student s special education program can be implemented.
Summarizing LRE Special education is not a place. It s a set of services and supports. Where a child with a disability receives special education services is that child s placement. The first where to consider is the general education environment.
Section 504 If a child does not qualify for services under IDEA, they may qualify for accommodations/modifications under Section 504 of the American Disabilities Act of 1973. Section 504 of the American Disabilities Act guarantees that a child with a disability has equal ACCESS to an education and that it is comparable to an education provided to those who do not have a disability.
EXAMPLES OF DISABILITIES THAT USUALLY FALL UNDER SECTION 504 INSTEAD of IDEA: Children with a normal ability to learn academically, but who have a mobility impairment, use a wheelchair, have a neurological disorder, or are missing a limb. Children with a normal ability to learn academically but who have a medical condition such as epilepsy, hemophilia, diabetes, AIDS, arthritis, allergies, asthma, tuberculosis, ADHD, cancer, spinal bifida and cerebral palsy. A child who has frequent referrals for behavioral problems or is under a doctor s care for a psychological condition such as anxiety or depression.
Roles and Responsibilities: The Special Education Teacher
Roles and Responsibilities: The Consultation Teacher Anticipation Guide Please take a moment to read and review the anticipation guide provided to you. Next to each statement, indicate whether you AGREE or DISAGREE with each statement. After the presentation has concluded, you will be asked to read the statements and your responses once again to evaluate whether or not you were correct with your initial response. Record any reflections that you have made which stand out in your mind.
The Role of the Special Education Teacher
Roles and Responsibilities of the Consult Teacher Assigned to specific course subjects to consult with at school Conduct Lesson Studies with other ESE and general education teachers at the schools Schedule and meet with general education teachers in subject area assigned as dictated by IEP; maintain scheduled appointments Recommend supplementary assignments/activities for teachers Model lessons and accommodation /UDL implementation During meetings provide necessary recommendations that ensure access and that students are meeting the standards.
Roles and Responsibilities of the Consult Teacher con t Participate in grade/ subject area meetings Participate in all IEP meetings for students assigned Teach one co-teaching course Monitor student learning gains through data collection and course grades to ensure progress Conduct data chats with students and teachers as appropriate If support facilitating, develop brief plan indicating skills and groups they are working with within the classroom Meet faceto-face with general education teacher
Model Consultation* Definition The general education teacher and SPED teacher meet face-to-face or via conference call or virtual technologies on a regular basis to plan, implement, and monitor instructional alternatives designed to ensure that the student with a disability is successful in the general education classroom. If claiming these services on the Matrix of Services document, the meetings must be face-to-face. Consultation is an external support model. Support Facilitation* Services are provided via an in class one-on-one SPED teacher. Teacher provides services to an individual or small group of students within the general education classroom but not as a co-teacher. A small group of students may include both students with and without disabilities. Support facilitation is an in-class support model provided during regularly scheduled intermittent or varying times of the day and/or week. Paraprofessionals cannot be utilized as support facilitators. Co-Teaching Separate Class Setting The general education and SPED teacher are providing instruction through co-teaching in accordance with Section 1003.03(5)(c), F.S. Both teachers share responsibility for planning, delivering, and evaluating instruction for all students in a class/subject for the entire class period. The SPED teacher provides instruction in a separate setting. *Must document and create logs.
Inclusive Classrooms: Models of Support GENERAL EDUCATION SETTING SPECIAL EDUCATION SETTING CONSULTATION COLLABORATION RESOURCE ROOM SPECIAL CLASS SETTING SUPPORT FACILITATION CO-TEACH
Roles and Responsibilities: The General Education Teacher
Roles and Responsibilities: The General Education Teacher A general educator must be included in an IEP, and PARTICIPATES in DISCUSSIONS about the child's involvement and progress in the general curriculum and participation in the regular education environment (as well as discussions about the supplementary aids and supports for teachers and other school staff that are necessary to ensure the child's progress in that environment).
Roles and Responsibilities of the General Education Teacher The general education teacher also brings to the IEP team process a knowledge of: The general education context. How the student with disabilities performs in a general education context. How the student interacts with her peers. The pace of the class. Other students. The dynamics of the class. Approaches for teaching the class as a whole.
Roles and Responsibilities of the General Education Teacher To be an effective part of the IEP process, general educators will also need to: Know how to communicate effectively and work within a team context. Know how to observe special education students and record their behaviors objectively in order to help IEP teams track these students' progress. Describe a student's performance and behaviors to emphasize the student's strengths. Convey to the other IEP team members an acceptance and willingness to actively participate in the IEP process. Be willing to try new approaches in working with students with special needs. Be willing to ask for additional assistance when this is needed.