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DISCLAIMERS
• I am NOT a lawyer.
• I am a parent of children with various needs.
• I am a special educator.
• This is not ...
Laws that generally effect
education
FERPA, Elementary and Secondary
Education Act (aka No Child Left
Behind), McKinney-Ve...
Laws Laws Laws
• Most of the laws we will be talking about are Federal Laws.
They are in effect throughout all of the USA....
Laws that generally effect
education
FERPA, Elementary and Secondary
Education Act (aka No Child Left
Behind), McKinney-Ve...
FERPA
• The Family Educational Rights and Privacy Act of
1974 (FERPA or the Buckley Amendment) is a
United States federal ...
FERPA for older students
• When a student is 18 y.o. their parents are
not allowed access to their records without
the stu...
In the Art Room
• CONFIDENTIALITY!!
• Posting things on bulletin boards (keeping
personal information private)
• Meetings
...
ESEA Elementary and Secondary
Education Act
• When it was reauthorized in 2001 it was given
the No Child Left Behind name
...
ESEA terms/acronyms
• LEA Local Education Agency
• SEA State Education Agency
• NCLB (pronounced Nickel B.)
AYP Annual Ye...
EASA in DC
• 44% of K-12 students in DC are educated at public charter schools.
• LEA in DC is DCPS for traditional charte...
EASA in the Art Room
• Annual High Stakes Testing
• Teaching subjects that are not directly in the
field of art education....
McKinney-Vento Homeless Act
• individuals who lack a fixed, regular, and
adequate nighttime residence
• Free transportatio...
McKinney-Vento Homeless Act in DC
States must designate a statewide homeless
coordinator to review policies and create
pro...
McKinney-Vento Homeless Act
Court Cases
• In Lampkinvs the District of Columbia, the
District initially rejected further f...
McKinney-Vento Homeless Act in the
Art Room
• Project Create is a program in DC that
provides art opportunities for under-...
Special Education Laws
All of the laws previously discussed apply to
special education students. In addition…
• IDEA
Indiv...
IDEA
• Comes out of a long history of legislation and
reauthorizations leading up to the current IDEA of
2004 PL 108-446
•...
IDEA can apply to students with…
intellectual disability
hearing impairments (including deafness)
speech or language impai...
IDEA eligibility
• A team determines eligibility for a child who has one
of the 13 categories of special education and it ...
IDEA and RTI
RTI follows a number of core assumptions:
• The educational system can effectively teach all children
• Early...
IDEA provides
• IEP (Individualized Education Program)
For students age 3 to 18 or 21y.o.)
• Accomodations
• Assessments
•...
IDEA acronyms
• FAPE
Free and Appropriate Public Education
• LRE
Least Restrictive Environment
• FBA
Functional Behavioral...
Disciplining a child with an IEP
• Discipline must take into consideration their disability
Did they misbehave because of ...
IDEA (K-12) in DC
• Both public and public charter schools have to
serve students with disabilities.
• Students in private...
IDEA in the Art Room
• FAPE – The students with disabilities are
entitled to be there
• LRE – Because of the accessibility...
IDEA Early Intervention
• Child Find
Every state is obligated to have an agency that looks for
and assesses children with ...
Early Intervention in DC
• Early Stages is the agency in charge of
students 3 to 5 years old.
They are developing IEPs or ...
Early Intervention in the Art Room
ADA Americans with Disabilities Act
Rehabilitation Act Section 504
If a student does not qualify for an IEP under IDEA,
th...
Art and special education
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Art and special education

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Transcript of "Art and special education"

  1. 1. DISCLAIMERS • I am NOT a lawyer. • I am a parent of children with various needs. • I am a special educator. • This is not intended as legal advice. • I will try not to let my personal biases seep into this presentation. • This is not an all inclusive list, though I tried to make it as exhaustive without being exhausting.
  2. 2. Laws that generally effect education FERPA, Elementary and Secondary Education Act (aka No Child Left Behind), McKinney-Vento Homeless Act, (Later if we have time…FOIA)
  3. 3. Laws Laws Laws • Most of the laws we will be talking about are Federal Laws. They are in effect throughout all of the USA. • Each state interprets the laws a little differently and certainly names their programs with all sorts of different acronyms. • The laws themselves maintain the same names across the states though. • These laws are also subject to reauthorization for purposes of funding and making changes to them, so you have to keep up to date with these changes. (Thank you internet.) • Many of these laws are challenged in the Courts – something else to keep in mind.
  4. 4. Laws that generally effect education FERPA, Elementary and Secondary Education Act (aka No Child Left Behind), McKinney-Vento Homeless Act, (Later if we have time…FOIA)
  5. 5. FERPA • The Family Educational Rights and Privacy Act of 1974 (FERPA or the Buckley Amendment) is a United States federal law. • This is to protect privacy for educational records. • School employees may not release information about a student’s personal information, academics or behavior with anyone other than the student and their parents and a school official who has a legitimate educational interest in the records.
  6. 6. FERPA for older students • When a student is 18 y.o. their parents are not allowed access to their records without the student’s permission. • The parents of an 18y.o. or older student is allowed access if the student isa "dependent student" as that term is defined in Section 152 of the Internal Revenue Code
  7. 7. In the Art Room • CONFIDENTIALITY!! • Posting things on bulletin boards (keeping personal information private) • Meetings • Talking to parents
  8. 8. ESEA Elementary and Secondary Education Act • When it was reauthorized in 2001 it was given the No Child Left Behind name • First passed as part of Pres. Lyndon Johnson’s War on Poverty • It funds primary and secondary education, while explicitly forbidding the establishment of a national curriculum. • It tries to close the achievement gap with high standards and accountability. • In 1994 it provided for charter schools to be created as a public school option.
  9. 9. ESEA terms/acronyms • LEA Local Education Agency • SEA State Education Agency • NCLB (pronounced Nickel B.) AYP Annual Yearly Progress Safe Harbor Highly Qualified Teachers RBI Research Based Instruction
  10. 10. EASA in DC • 44% of K-12 students in DC are educated at public charter schools. • LEA in DC is DCPS for traditional charter schools. • LEA for charters is the school (e.g. KIPP, Mundo Verde etc) • SEA in DC is OSSE (Office of the State Superintendent of Education) • Elementary Teachers (Grades K-6) •Must have a Bachelor’s degree; AND •Pass an Elementary content test; OR •Achieve HQ status via a High Objective Uniform State Standard Evaluation (HOUSSE) process. • Secondary Teachers (Grades 7-12) •Must have a Bachelor’s degree; AND •Pass the appropriate content test; OR •Have a major or its equivalent in the content area; OR Exemptions •Have an advanced degree in the content area; OR•National Board Certification in the content area; OR •Achieve HQ status via a High Objective Uniform State Standard Evaluation (HOUSSE) process.
  11. 11. EASA in the Art Room • Annual High Stakes Testing • Teaching subjects that are not directly in the field of art education. • Funding • HQ – Praxis tests • RBI – this is an area that is just beginning to be developed in art education (other areas of research can touch on art education)
  12. 12. McKinney-Vento Homeless Act • individuals who lack a fixed, regular, and adequate nighttime residence • Free transportation to and from school • Stay at the school they were at before they became homeless • Schools must register children even if they lack the documentation
  13. 13. McKinney-Vento Homeless Act in DC States must designate a statewide homeless coordinator to review policies and create procedures, including dispute resolution procedures, to ensure that homeless children are able to attend school. Local school districts must appoint Local Education Liaisons to ensure that school staff are aware of these rights, to provide public notice to homeless families (at shelters and at school) and to facilitate access to school and transportation services.
  14. 14. McKinney-Vento Homeless Act Court Cases • In Lampkinvs the District of Columbia, the District initially rejected further federal money to avoid complying with the act. Ultimately, however, the District changed its position and began receiving federal funds and more meaningfully implementing the act.
  15. 15. McKinney-Vento Homeless Act in the Art Room • Project Create is a program in DC that provides art opportunities for under- priveledged children. • The ARC is also a place for art opportunities for children. • Covent House a homeless shelter has also provided art opportunities. • There are others as well.
  16. 16. Special Education Laws All of the laws previously discussed apply to special education students. In addition… • IDEA Individuals with Disabilities Education Act • ADA Americans with Disabilities Act Section 504 of the Rehabilitation Act
  17. 17. IDEA • Comes out of a long history of legislation and reauthorizations leading up to the current IDEA of 2004 PL 108-446 • Governs how states provide early intervention, special education and related services (Speech/language therapy, occupational therapy, physical therapy, counseling and other therapies) • Covers children from birth to 18 years old (or 21 years old for certain cases)
  18. 18. IDEA can apply to students with… intellectual disability hearing impairments (including deafness) speech or language impairments visual impairments (including blindness) serious emotional disturbance orthopedic impairments Autism traumatic brain injury other health impairments specific learning disabilities medical conditions that need special education and related services.
  19. 19. IDEA eligibility • A team determines eligibility for a child who has one of the 13 categories of special education and it must adversely affect their educational performance. • Response To Intervention (RTI) All students must be taught with HQ teachers using RBI for both academics and behavioral/social learning and problems with learning should be determined through continual assessment. There are 3 tiers to RTI. This often affects students with specific learning disabilities, who prior to 2004 had to have SLD determined through the discrepancy model.
  20. 20. IDEA and RTI RTI follows a number of core assumptions: • The educational system can effectively teach all children • Early intervention is critical to preventing problems from getting out of control • The implementation of a multi-tiered service delivery model is necessary • A problem solving model should be used to make decisions between tiers • Research based interventions should be implemented to the extent possible • Progress monitoring must be implemented to inform instruction • Data should drive decision making
  21. 21. IDEA provides • IEP (Individualized Education Program) For students age 3 to 18 or 21y.o.) • Accomodations • Assessments • Quarterly Progress Reports • Due Process • Related Services • IEP Meetings • IEP Team • Procedural Safeguards
  22. 22. IDEA acronyms • FAPE Free and Appropriate Public Education • LRE Least Restrictive Environment • FBA Functional Behavioral Assessment • BIP Behavioral intervention Plan
  23. 23. Disciplining a child with an IEP • Discipline must take into consideration their disability Did they misbehave because of their disability? Does the consequence take into account their disability? Does the situation warrant a FBA and BIP? • Serious Consequences like suspension, expulsion There is a legal obligation for this student to receive an education. There can be an interim alternate educational setting (IAES) for up to 45 school days while a FBA/BIP is being prepared.
  24. 24. IDEA (K-12) in DC • Both public and public charter schools have to serve students with disabilities. • Students in private schools can still be under the LEA (e.g. DCPS). • OSSE is supposed to oversee all of the schools and help implement the federal laws and funding. • OSE (not to be confused with OSSE) is the Office of Special Education in DCPS.
  25. 25. IDEA in the Art Room • FAPE – The students with disabilities are entitled to be there • LRE – Because of the accessibility of art this may be one of the classes where students with disabilities are with their non-disabled peers. • One to one paraeducators • Discipline • Accessing their strengths and addressing their needs --- accomodations
  26. 26. IDEA Early Intervention • Child Find Every state is obligated to have an agency that looks for and assesses children with disabilities from birth • IFSP for IDEA Part C (0 -3) Individual Family Service Plan (like an IEP more about daily functioning for little ones not just academics like the IEP. It can include related services.) • Service Coordination This should be provided at no expense to the family
  27. 27. Early Intervention in DC • Early Stages is the agency in charge of students 3 to 5 years old. They are developing IEPs or transitioning from IFSPs to IEPs. • Child Find (DC EIP) – Strong Start Child Find Program This is a program through OSSE in charge of finding and identifying disabilities in infants and toddlers (0 through 2 years old)
  28. 28. Early Intervention in the Art Room
  29. 29. ADA Americans with Disabilities Act Rehabilitation Act Section 504 If a student does not qualify for an IEP under IDEA, then they could still qualify for a 504 Plan. (e.g. ADHD students) Section 504 states that "no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under" any program or activity that either receives Federal financial assistance or is conducted by any Executive agency or the United States Postal Service.
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