Gifted and Talented Learners
- Understand the history of IDEA and the reasons for the federal government’s call for national intervention into special education
- Identify and describe the six principles of IDEA.
Review objectives with participants
- Understand the effects of personal cultural biases.
- Discuss confidentiality, privacy and current issues.
- Identify resources for teachers, parents and students.
Review objectives with participants
So who exactly is served in special education?
- Exceptional Children
Physical or learning abilities of these children are either above or below the norm and require a specialized program to meet their needs
- Disability/Impairment
Reduced function or loss of a particular body part or organ
A child with a physical disability is not handicapped unless it impairs educational, personal, social, vocational issues
- Handicap
A problem a person with a disability or impairment encounters interacting with the environment
- At-Risk
A child that is not currently identified as having a disability, are considered to have a greater than usual chance of developing a disability.
Also, refers to students who are experiencing learning problems in the regular classroom
- People First Language simply means that we should ALWAYS put the person first in our descriptions.
- IDEA supports People First Language. The term handicapped is replaced with disability.
- Examples:
Children with disabilities
Students in special education
Students with learning differences, and
Students with autism.
This is an important concept because there is an expectation that we do not categorize students by their disability.
- Must
- Use
- Student
- Instead of
- Category
- A child evaluated as having. . .
A specific learning disability (LD)
An emotional disturbance (ED)
Intellectual Disability(ID)
A speech or language impairment (SI)
A visual impairment including blindness (VI)
A hearing impairment including deafness (AI)
An orthopedic impairment (OI)
These are the official labeling categories used for a student with a disability and included next to the category is the acronym used for each of the disability categories.
traumatic brain injury (TBI)
Autism (AI)
other health impairment (OHI)
multiple disability (MI)
deaf-blindness (DB)
non-categorical early childhood (NCEC)
may used for children ages 3 through 5
These are the official labeling categories used for a student with a disability and included next to the category is the acronym used for each of the disability categories.
- In Texas Students are labeled by the time they have completed their fifth year; however in other states in the country they are labeled developmentally delayed but not given a specific disability category until nine years of age.
NCEC: suspected of meeting eligibility criteria for:
autism
emotional disturbance
learning disability
Intellectual Disability
Use of the NCEC code is a local district decision
NCEC students must be suspected of meeting the following criteria in order to be considered for this label. Use of the NCEC code is a local district decision and you need to check your district policies to see what the district does for this population of students.
A Brief History Lesson
- Responsibility of the family
- Responsibility of institutions
Deaf students
Blind students
Students with Intellectual Disability
Goal: To protect students from society
*
Initially students either stayed home with families that did the educating or students were institutionalized by families based on doctor’s recommendations. There was a deep fear that these students should not be a part of the general public at large.
- Responsibility of private schools
Students with Intellectual Disabilities
Teachers compensated financially
- Responsibility of public schools
Segregated day classes for students with
physical and sensory impairments
- Goal: To provide temporary interim placements
*
There began to be a slow movement toward getting students into some private and segregated public schools but it was very far and few between and most parents either kept the children at home or continued to institutionalize their children.
- Just a note to the students this was not the parents fault, they were following their medical doctors advice and did not know to question the doctors opinion.
- The Constitution
10th Amendment
14th Amendment
- Public education is responsibility of states
- Public education addressed in state constitutions
- Exclusion of students with disabilities from compulsory education (1893-1958)
- Goal: To protect the larger student population from students with disabilities
*
The United States Constitution is silent on Education, it is each state’s decision as to how they run public education. This is why there can be so much difference in state curriculums for families who do a great deal of moving, Students with disabilities still excluded from compulsory education.
- Brown v. Board of Education (1954)
Segregation denied equal opportunity under the 14th Amendment
- Civil Rights Act of 1964
Outlawed discrimination by race
- Elementary and Secondary Education Act of 1965
Title VI added grants to provide educational programs for students with disabilities
*
Brown v. Board of Education: Landmark decision stopping the segregation of African American students from Anglo schools. This would become a foundation case for special education at a later date since they used this idea of discrimination of any person based on race to also state that you should not base discrimination on disability.
- Civil Rights Act of 1964 that continued to outlaw the act of discrimination based on race continued to break down barriers.
- Elementary and Secondary Education Act provided grants but it still was not a requirement to provide compulsory education to students with disabilities.
- PARC v. Pennsylvania (1971)
Class action lawsuit on behalf of
students with intellectual disabilities
Provided all students with intellectual disabilities with free appropriate public education
*
Landmark case filed by parents of students with mental retardation set the ball in motion for more groups to follow. This state litigation began to move us to a more national platform. There were many other cases going on but these were some of the most important ones.
- Mills v. Board of Education of
District of Columbia
Class action lawsuit on behalf of students with a variety of disabilities
Mandated a publicly supported education
Required development of due process safeguards
*
First time that parent safeguards were put in place, again this came from the parents suing the district in a class action lawsuit.
- Focus is on accessibility for students
- Provides auxiliary aides for students with impaired sensory, manual or speaking skills such as the following:
Readers for students who are blind
People to assist students with physical disabilities in moving from place to place
ADHD students
Dyslexia students
- Section 504 of the Rehabilitation Act of 1973
Purpose: to prohibit disability-based discrimination by any agency receiving federal funds
Failed to include criminal or civil remedies for noncompliance
- Education Amendments of 1974
Extended civil rights protections to persons with disabilities
Addressed least restrictive environment and due process
Believed to be unenforceable
*
Section 504: Stated that if an agency such as a school district received federal funds, they could not discriminate against a person with a disability but did not provide any federal dollars to support the mandate.
Education Amendments of 1974: This law was not enforceable but did address LRE and Due Process which became part of the federal law.
- IDEA – The Individuals with Disabilities Education Act
Mandates that eligible children with disabilities have available to them special education and related services designed to address their unique educational needs.
The IDEA, and most especially the provision of special education, has its roots in the past.
Present day IDEA was preceded by several laws, beginning in 1965 as stated in previous slides.
*
The first IDEA provision was in place with P.L. 94-142 which included the basic provisions of what still exists today with added on parts.
- Essential features of a free, appropriate public education:
An IEP developed cooperatively by the local educational agency and parents
Services provided in accordance with the IEP in the least restrictive environment appropriate to the child’s needs
Services reasonably calculated to confer educational benefit
An annual review of progress on established goals and objectives
“ ...special education and related services that - (a) are provided at public expense, under public supervision and direction, and without charge. (Authority: 20 U.S.C. 1401 (8))
- Essential features of a free, appropriate public education:
Instruction that is specifically designed to meet the unique needs of a student with a disability
Instruction that is based upon an adequate and appropriate evaluation of a child’s needs and abilities
Related services, as required, to assist a child with a disability to benefit from special education
“ ...special education and related services that - (a) are provided at public expense, under public supervision and direction, and without charge. (Authority: 20 U.S.C. 1401 (8))
- Education of All Handicapped Children Act (P.L. 94.142)
Provided federal funding to support a
Free Appropriate Public Education (FAPE) for all students with disabilities, ages 5-21
Zero Reject
Required an Individualized Education Program (IEP) for each student
Mandated placement in the least restrictive environment (LRE)
*
These founding six principles that were the hallmark of PL 94-142 are still the basic principles that are founded in IDEA which has been authorized four times with the fifth re-authorization occurring in Congress now. The law has changed and been enhanced; however, these basic six principles are still valid and pertinent and are basic principles that have never changed.
- Education of All Handicapped Children Act (P.L. 94.142)
Provided for nondiscriminatory testing, evaluation, and placement procedures
Included provisions for procedural due process, including parental involvement
Goal: To provide access to schools
*
These founding six principles that were the hallmark of PL 94-142 are still the basic principles that are founded in IDEA which has been authorized four times with the fifth re-authorization occurring in Congress now. The law has changed and been enhanced; however, these basic six principles are still valid and pertinent and are basic principles that have never changed.
- Handouts 0, Page 10-15 has detailed information and legal information regarding these six principles, please find these handouts for an activity following slide 34-35 regarding these six principles.
- Related Services and Assistive Technology
Recreation
Rehabilitative services
School Health services
Social Work services
Speech Therapy [Instruction in Texas]
Transportation
Assistive Technology
These are some examples of related services and rehabilitative services offered to students. In Texas, Speech Language Pathology is an instructional arrangement not a related service in most other states it is considered a related service. On the Services Pages for students Speech will be coded as instructional time for a student out of their school day.
- Services provided
Board of Education of Hendrick
Hudson Central School District v. Rowley (1982)
Districts not obligated to provide perfect educational equity
Districts not required to provide services in a manner that unduly diminishes the education of students without disabilities
*
This was an important landmark case in the sense that students do not need to have the Lexus model of education everyone deserves to get the Ford or Cheverlot but not everything that the student or parent thinks they need to be successful. It is only to provide a level playing field for the students.
- Services provided
Irving Independent School District v. Tatro (1984)
Catheterization required as related service
*
Important case in a suburban Dallas Texas district where the district did not feel that it should have to pay for a nurse to catheterize a student and that the student should be on home bound services. The parents took this case all the way to the Supreme Court and the court found for the parents stating in order to provide a Free Appropriate Public Education you must provide access to the school and the school needed to pay for the nurse and catheterization services. This is a landmark case that is used by parents all the time to fight districts to pay for these services especially since it is a Supreme Court decision.
- Some Important Points About Related Services and Assistive Technology
An assistive technology assessment and a related service assessment must be considered for each disabled child if requested by anyone.
A related service must be based on educational need
How do you determine educational need?
Assessment by qualified district personnel
Determination of educational need
Yes, if a parent, child, teacher, administrator or anyone that works with a disabled child feels that a child needs assistive technology or a related service such as counseling, occupational therapy, physical therapy etc an assessment must be done by a licensed person in that area for example a licensed Occupational Therapist would do the assessment if the child needed adaptive materials.
- A parent can get an independent evaluation however the district only needs to consider this information. It can accept the independent evaluation but all districts will have their staff do an evaluation of the student.
- The district can also review an outside evaluation but not take that evaluation into consideration.
- Related Services and Assistive Technology must be based on an educational need not a medical need
Example
Assessment report is presented at an ARD (Annual Review and Dismissal) meeting
Johnny’s parents feel that he would be a better student with a laptop computer.
An assessment determines that Johnny is passing courses with B’s and some A’s using note-taking guides in class including:
graphic organizers
outlines from the teacher
notes from a peer, and
modified tests
- How do you determine Educational Need?
Does Johnny need a laptop computer based on the assessment? Yes or No
The answer is no, if he can do the work without an laptop and get a “B” it is a nice item to have but not something needed to level the playing field. This is not an educational need.
- Public Law 99-457 extended provisions to preschool children by Congress in 1986
Each state was required to serve all preschool children with disabilities age 3-5 fully--or lose all federal funds for preschool children
Incentive grant program--Children Birth to Two years old who needed early intervention services
This was the added age group of 3 to 5 year olds and also incentive programs for Children Birth to Two which includes Auditory Impairments, Visual Impairments and some severe multiply impaired students.
Educational planning for a child with a disability should be done on an individual basis.
Parents should participate in the development of their child’s IEP.
Decisions about a child’s eligibility and education should be based on accurate and objective information.
Individuals with Disabilities Education Act (IDEA) of 1990
This was the next re-authorization of IDEA with some added stipulations to the law. The six basic principles established in PL 94-142 still remained in the law.
A child with a disability should be provided access to the general education curriculum.
A child with a disability should be educated in general education to the maximum extent appropriate with necessary supports and services.
Parents and educators should have a means of resolving differences about eligibility, the IEP, educational placement, or provision of FAPE.
Individuals with Disabilities Education Act (IDEA) of 1990
This was the next re-authorization of IDEA with some added stipulations to the law. The six basic principles established in PL 94-142 still remained in the law.
- An employer with 15 or more employees may not refuse to hire or promote a person with a disability if they are qualified to perform the job
- Public accommodations must provide access to disabled individuals
- Telecommunications for the deaf
- Public transit systems must provide accessible vehicles.
All students have access to district and state testing programs (State Assessment, SDAA, LDAA)
All students have access to the general education curriculum (TEKS)
Regular education teachers are included in the ARD meeting
Parents are partners in all decisions
Goal: Access to the Curriculum
All students will have access to District and State Curriculum and Assessments was a new stipulation in the 1997 law. The six basic principles of IDEA still remained in this law.
- Re-affirmed commitment to early childhood intervention
Each state required to develop a comprehensive interagency program for early intervention services including
Medical
Educational assessment
Physical, Occupational Therapy
Speech Therapy
Parent counseling and training
IDEA 1997
Re-Authorization of Individuals with Disabilities Act of 1997
This focus on Early Childhood Intervention was much more prominent in the IDEA Re-Authorization.
- States must ensure that FAPE is available to all children with disabilities residing in the state between the ages of 3 and 21, including children with disabilities who have been suspended or expelled from school
34 CFR Section 612(a)(1)
IDEA 1997
Re-Authorization of Individuals with Disabilities Act of 1997
This new definition included students who were suspended or expelled from school as part of the definition of FAPE.
- The term “special education” means specifically designed instruction, at no cost to parents to meet the unique needs of the child with a disability, including—
(A) instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and
(B) instruction in physical education
34 CFR Section 602(25)
IDEA 1997
Re-Authorization of Individuals with Disabilities Act of 1997
This slide shows that students can be in a wide variety of settings where they can be served.
- The ultimate goal is that all children will be proficient in all subject matter by the year 2014
(A) instruction is provided by highly qualified teachers
(B) use of instructional practices based on research
(C) corrective actions put in place if not followed; and,
(D) instruction in physical education
Goal: Equity for All Students
NCLB 2001
Re-Authorization of the Elementary and Secondary Education Act
| NCLB 2001 | IDEA 2004 |
| Academic content and achievement standards | Special Education (IEPs) |
| Annual assessments | Participation in all state and district wide assessments |
| Qualified general education teachers | Qualified special education teachers |
| Accountability | Access to general curriculum |
- The law retained major components and principles of IDEA, key changes included:
(A) benchmarks and short-term objectives required only in IEP’s for students who take alternative assessment
(B) response to instruction may be used as a method to identify students with learning disabilities
(C) highly qualified special education teachers defined; and,
(D) students may be removed from school to an interim placement for up to 45 school days whether or not misconduct was related to the child’s disability.
Goal: Equity for All Students
IDEA 2004
Re-Authorization of Individuals with Disabilities Act of 2004
STAAR- The Next Generation
A new testing journey begins with the launch of the State of Texas Assessments of Academic Readiness or STAAR in the 2011-2012 school year. The standardized testing program includes tests for students in grades
3-12.
STAAR Modified
State developed content modified in format and design
STAAR ALT
State developed assessment tasks linked to TEKS
- Texas Public Schools Mission [TEC 4.001]
The mission of public education in this state is to ensure that all Texas children have access to a quality education that enables them to achieve their potential and fully participate now and in the future in the social, economic, and educational opportunities of our state and nation.
Ask the students to discuss what they think is the most important word our our Texas School Mission for students with disabilities? I would say it is that we ensure that all students in Texas will have access to a quality education
Special Education
Access to schools curriculum classrooms
Child-centered based on individual strengths and areas of need
Collaboration among professionals parents agencies
These are the three areas that we provide children support in with special education services.
- The selective placement of special education students in one or more “regular” education classes based on projected “successfulness”
Opportunities are “earned”
Students must “keep up” in the regular classroom
Special education classes are separate and supportive
This was the original model of special education where students had to earn their way into general education. Not our current model.
- The commitment to educate each child, to the maximum extent appropriate in the school and/or classroom he or she would otherwise attend, if not disabled.
Bringing the support services to the child
Allowing the child to benefit from the class
Favoring newer forms of educational service delivery
The issue of inclusion is a “full school” issue / not just an issue between the general ed. teacher and the special ed. teacher.
Must continually reassess and restructure inclusive programs
IEP teams must carefully choose modifications and accommodations / choose only modifications that child MUST have in order to be success/ Examine personnel issues, etc. (vertical teaming is a must)
“Co-teaching is not a way to support a weak teacher.”
Paras are Tools to facilitate inclusion
- Least Restrictive Environment (LRE)
The term “inclusion” is not referenced in federal statute (ie: Law)
Children with disabilities must be educated with children who are not disabled to the maximum extent appropriate
Removal from regular education only when nature and severity of disability precludes education in regular classes, even with use of supplementary aids and services
(Authority: U.S.C. 1412 (a) (5) )
You always start with the general education classroom and than move to more restrictive placements depending on the student’s needs.
- Continuum of Services Provided
“Each public agency shall ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services.” (Authority:20 U.S.C. 1412 (a) (5))
LRE: Least Restrictive Environment meaning the place where the student fits into the program best.
Texas Design
Regular Classroom with Supports
Co-Teaching
Content Mastery
Resource
Self-Contained
Day Schools
Residential Placement
Homebound/Hospital
Federal Design
Regular Classroom
Resource Room
Separate Classroom
Separate School
Residential Facility
Homebound/Hospital
These are different continuums for where a student could be placed with the ARD committee always starting at the general education classroom first.
THE CHILD-CENTERED EDUCATION PROCESS
Referral Initiated
Explanation of Procedural Safeguards
Consent for Assessment
Comprehensive Assessment Completed
Notice of ARD
ARD / IEP Meeting
Consent for Initial Placement
Initiation of Services
Annual ARD / IEP Review
Reevaluation Decisions
This is the child centered process from beginning to end. The instructor has these master teacher handouts that will need to be laminated and cut out. You give each table group a copy of each of the steps and see if they can put them into a set order than you provide them with the answers. This is a good way to see if they can place these in the correct order and to start the discussion of the whole child centered process in Texas.
- Close the research to practice gap
- Increase availability and intensity of early intervention and prevention services
- Help students transition from school to adult life
- Improve the special education general education partnership