Special Education: Preparing Teachers and Students for Success, Slides of Educational Psychology

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IDEIA 2004: An Overview Ohio Department of Education Office for Exceptional Children docsity.com The Individuals with Disabilities Education Improvement Act (IDEIA) of 2004 -- P.L. 108-446 amends the Individuals with Disabilities Education Act (IDEA) Amendments of 1997 docsity.com Historic Perspective and Impact • President’s Commission on Excellence in Special Education (July 2002) • Continued alignment of IDEA with the No Child Left Behind (NCLB) act docsity.com President’s Commission: Findings • Dropout rates of HS students with disabilities are twice the rate of their peers • Enrollment rates of student with disabilities are 50% lower than the general population • In 1998, 21% of teachers said they felt well prepared to address the needs of students with special needs • One half of students in special education are identified as having a learning disability, a growth rate of 300% since 1976. Of this number, 80% have been identified due to an inability to read • Children of minority status are over-represented in some categories docsity.com President’s Commission: Conclusions • The current system places process over results, bureaucratic compliance over student achievement, excellence over outcomes • Antiquated model that waits for students to fail • Children placed in special education are general education students first • When a child fails to make progress in special education, parents have few adequate options and little recourse docsity.com NCLB and Special Education NCLB establishes a policy of coordination with the special education process – NCLB: “to the greatest extent possible, students with disabilities participate in the general curriculum” and that the vast majority of students with disabilities learn and be tested on general education grade level and curriculum.” – Academic content standards and achievement standards – Adequate yearly progress (AYP) docsity.com NCLB and IDEIA: Five Points of Intersection • Academic accountability: assessment, accommodations, reporting AYP • Progress monitoring between IEP goals and standards-based assessment – Standards-based IEPs – Alternate assessment • Highly qualified teachers/paraprofessionals • Parent choice, LRE, FAPE • Supplemental educational services docsity.com Themes Underlying IDEIA • Increasing accountability and improving education results • Resolving conflicts and reducing litigation • Improving discipline and ensuring safety • Reducing paperwork • Supporting teachers docsity.com Part A: General Provisions p. 3 [Sec. 682 (c)(5)] Sec. 682(c)(5) Almost 30 years of research and experience has demonstrated that the education of CWD can be made more effective by: – (A) having high expectations for such children and ensuring their access to the general curriculum in the regular classroom, to the maximum extent possible, in order to- • (i) meet developmental goals and, to the maximum extent possible, the challenging expectations that have been established for all children; and • (ii) be prepared to lead productive and independent adult lives, to the maximum extent possible – (C) coordinating this title with other local, educational service agency, State, and Federal school improvement efforts including improvement efforts under the ESEA of 1965 (NCLB). – (E) supporting high-quality, intensive preservice preparation and professional development for all personnel who work with CWD…necessary to improve the academic achievement and functional performance of CWD, including the use of scientifically-based instructional practices – (F) providing incentives for whole-school approaches, scientifically- based early reading programs, positive behavior interventions and supports and early intervening services docsity.com Part B: Section 611 p. 23 Authorization; Allotment; Use of Funds; Authorization of Appropriations Sec. 611.(e)(2)(C) Authorized State Activities (from funds reserved by state up to 10%) may be used: – (i) for support and direct services, technical support and professional development – (ii) to support paperwork reduction activities, including the expansion of the use of technology in IEP process – (iii) to assist LEAs in providing positive behavioral interventions and supports and appropriate mental health services for CWD – (iv) to improve the use of technology in the classroom for CWD to enhance learning – (v) to support the use of technology to maximize accessibility to general curriculum for CWD docsity.com Part B: Section 611 p. 23 (continued) Sec. 611.(e)(2)(c) Authorized State Activities (from funds reserved by state up to 10%) may be used: – (vi) development and implementation of transition programs with agencies involved with transition to post secondary options – (viii) to support capacity building and improve delivery of services by LEAs – (x) to support the development and provision of appropriate accommodations for CWD or the development of alternate assessments for assessing the performance of CWD – (xi) to provide technical assistance of the ESEA of 1965 on the sole basis of the assessment results of disaggregated subgroup of CWD, including providing professional development to special and regular education teachers, who teach CWD, based on scientifically-based research to improve educational instruction, in order to improve academic achievement. docsity.com Part B: Section 612. p. 36 State Eligibility (continued) (a)(10)(A)(iv) WRITTEN AFFIRMATION-The LEA shall obtain written affirmation signed by the representatives of participating private schools. (a)(7)(v) COMPLIANCE-Rights of private school representatives to file complaints (a)(10)(A)(vi) PROVISION OF EQUITABLE SERVICES- (l) DIRECTLY OR THROUGH CONTRACTS (ll) SECULAR, NEUTRAL, NONIDEOLOGICAL…shall be secular, neutral, and non- ideological (vii) PUBLIC CONTROL OF FUNDS-…shall be in a public agency for the uses and purposes provided, public agency shall administer the funds and property. docsity.com Part B: Section 612. p. 40 State Eligibility (continued) (14) PERSONNEL QUALIFICATIONS (A) IN GENERAL- The SEA has established and maintains qualifications to ensure that personnel necessary to carry out this part are appropriately and adequately prepared and trained, including that those personnel have the content knowledge and skills to serve CWD ; (B) RELATED SERVICE PERSONNEL AND PARAPROFESSIONALS- (i) are consistent with state certification, licensing, registration; (iii) allow paraprofessionals and assistants…to be used to assist in the provision of special education and related services. (C)QUALIFICATIONS FOR SPECIAL EDUCATION TEACHERS- ensure that each person employed as a special education teacher who teaches elementary, middle school, or secondary school is highly qualified by the deadline of ESEA of 1965. docsity.com Highly Qualified Teachers Section 602(10) • Basic requirements (B.A.; full certification/licensure) apply to all teachers • Different categories of teachers – Consultative – Teaching to alternate standards – Elementary – Core content docsity.com Part B: Section 612. p. 42 State Eligibility (continued) (D) REPORTS- The SEA or LEA makes available to the public, and reports to the public with the same frequency and in the same detail as it reports on the assessment of nondisabled children, the following… – (i) number of CWD participating in regular assessment (and those with accommodations); – (ii) number of CWD participating in alternate assessment; – (iv) the performance of CWD on regular assessments and on alternate assessments. docsity.com Part B: Section 612. p. 45 State Eligibility (continued) (23) ACCESS TO INSTRUCTIONAL MATERIALS- The State adopts the National Instructional Materials Accessibility Standard for the purpose of providing instructional materials to blind persons or other persons with print disabilities; (25) PROHIBITION ON MANDATORY MEDICATION- The SEA and LEA are prohibited from requiring a child to obtain a prescription for a controlled substance as a condition of attending school, receiving an evaluation for a suspected disability, or for receiving special education services. docsity.com Part B: Section 613. p. 51 LEA ELIGIBILITY (a)(4) PERMISSIVE USE OF FUNDS (A) USES (i) SERVICES AND AIDS THAT ALSO BENEFIT NONDISABLED CHILDREN (in regular or other education-related settings) (ii) EARLY INTERVENING SERVICES (iii) HIGH COST EDUCATION AND RELATED SERVICES-To establish and implement cost or risk sharing funds, consortia, or cooperatives for the local educational agency itself or for local educational agencies working in a consortium of which the local educational agency is a part, to pay for high cost special education and related services. (a)(5) TREATMENT OF CHARTER SCHOOLS AND THEIR STUDENTS (A) serves CWD attending charter schools in the same manner as the LEA serves CWD . . . (B) provides funds to charter schools . . . docsity.com Part B: Section 614. p. 59 (Continued) (a)(2) REEVALUATIONS (WILL HAPPEN IF): (A)(i) LEA determines that the educational or related services needs, including improved academic achievement and functional performance of the child warrant a reevaluation; or (ii)If the child’s parents or teacher requests a reevaluation. (B)(i) A reevaluation shall not happen more than once a year and at least once every three years, unless the parent and LEA agree otherwise. (b)(5) SPECIAL RULE FOR ELIGIBILITY DETERMINATION- if the determinant factor is such determination that… (A) lack of appropriate instruction in reading, including the essential components of reading instruction (as defined in ESEA of 1965); (B) lack of instruction in math; or (C) limited English Proficiency. Then the child shall not be determined to be a child with a disability. docsity.com Part B: Section 614. p. 61 (Continued) (b)(6) SPECIFIC LEARNING DISABILITIES- (A) IN GENERAL-a LEA shall not be required to take into consideration whether a child has a discrepancy between achievement and intellectual ability in oral expression, listening comprehension, written expression, basic reading skill, reading comprehension, mathematical calculation, or mathematical reasoning. (B) ADDITIONAL AUTHORITY-a LEA may use a process that determines if the child responds to scientific, research- based intervention as a part of the evaluation procedures. docsity.com Part B: Section 614. p. 62 (Continued) (c)(5)(B)(i) IN GENERAL- An evaluation is not required before the termination of the child’s eligibility due to graduation from high school with a regular diploma or due to reaching the child’s 22nd birthday; (ii) SUMMARY OF PERFORMACE- For a child whose eligibility terminates in these ways, the district shall provide the child with a summary of the child’s academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child’s postsecondary goals. docsity.com (d)(1)(C) IEP TEAM ATTENDANCE- (i) ATTENDANCE NOT NECESSARY-A member of the IEP Team shall not be required to attend an IEP meeting if the parent of a CWD and the LEA agree that the attendance is not necessary because the IEP is not being modified in their specific area; (ii) EXCUSAL A team member may be excused from the meeting when the meeting involves the member’s area of curriculum or related services, if— (I) the parent and the LEA consent to excusal; and (II) the member submits in writing to the parent and the team input into the development of the IEP prior to the meeting. (iii) WRITTEN AGREEMENT AND CONSENT REQUIRED- parent agreement under i and ii must be in writing. Part B: Section 614. p. 65 (Continued) docsity.com Part B: Section 614. p. 66 (Continued) (d)(2)(C) PROGRAM FOR CHILDREN WHO TRANSFER (i)(I) TRANSFER WITHIN THE SAME STATE . . . (i)(II) TRANSFER OUTSIDE STATE . . . (ii) TRANSMITTAL OF RECORDS . . . docsity.com Part B: Section 614. p. 67 (Continued) (d)(3)(D) AGREEMENT-In making changes to a child’s IEP after the annual IEP meeting for a school year, the parent of a CWD and the LEA may agree not to convene an IEP meeting . . . (E) CONSOLIDATION OF IEP TEAM MEETINGS-To the extent possible, the LEA shall encourage the consolidation of reevaluation meetings for the child and other IEP Team meetings for the child. (F)AMENDMENTS-Changes to IEP may be made by amending, not redrafting the entire IEP. Parent may request . . . (d)(5) MULTI-YEAR IEP DEMONSTRATION- (A) PILOT PROGRAM (i)(ii)(iii) (f) ALTERNATIVE MEANS OF MEETING PARTICIPATION-the parent and LEA may agree to use alternative means of meeting participation, such as video conferencing or conference calls. docsity.com Part B: Section 615. p. 74 (Continued) (d)(1) PROCEDURAL SAFEGUARDS NOTICE (A) COPY TO PARENTS-A copy of the procedural safeguards available to the parents of a child with a disability shall be given to the parents only 1 time a year, except that a copy also shall be given to the parents- (i) upon initial referral or parental request for evaluation; (ii) upon the first occurrence of the filing of a complaint (due process); (iii) upon request by a parent. (B) INTERNET WEBSITE-A local educational agency may place a current copy of the procedural safeguards notice on its Internet website if such website exists. docsity.com Part B: Section 615. p. 83 (Continued) (k)(1)(E) MANIFESTATION DETERMINATION- (i) The LEA, the parent, and relevant members of the IEP team shall review all relevant information in the student’s file…to determine-- (l) if the conduct in question was caused by, or had a direct and substantial relationship to the child’s disability; or (ll) if the conduct in question was the direct result of the local educational agency’s failure to implement the IEP. (ii) MANIFESTATION-If the LEA, the parent, and relevant members of the IEP team determine that either (l) or (ll) apply, the conduct shall be determined to be a manifestation of the child’s disability. docsity.com Part B: Section 615. p. 83 (Continued) (F) DETERMINATION THAT BEHAVIOR WAS A MANIFESTATION --If so determined… (i) conduct functional behavior assessment and implement bip; (ii) review behavior intervention plan; and (iii) Except for (G) return child to placement from which the child was removed unless parent and LEA agree to change of placement . . . (G) SPECIAL CIRCUMSTANCES- School personnel may remove student to an interim alternative educational setting for not more than 45 school days…in cases where a child… (i) carries or possesses a weapon; (ii) knowingly possesses or uses illegal drugs; or (iii) has inflicted serious bodily injury upon another person. docsity.com