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  • problem? NCLB was not enacted with special education in mind. There are some kids that it doesnt fit too well. \n\nA- General provisions\nB-C pertains more to us as educators\nD Grant funding and other entities\n
  • Developmental Disabiiity up to age of 9. It doesnt stop at age 3 as Early Intervention. SErvices can continue up to 9 yrs.\n\nUse the NCLB language from definition of all the core academic subjects. Which will guide the curriculum\n
  • How do you meet the requirement of Hightly Qualified Teacher? Getting a Multiple Subjects Credential, or internship.\n\n\n
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  • Highly Uniform Special S Education\n
  • Capa vs. KC(exit exam) Teachers dont have to take the Single subj CSET.\n\nDear community has strong feelings and are opposed to the Cochlear implant and see it as torture, and mutilation\nThey say they are not disabled, just deaf. \n \nThey CAN check the devices. \nPace Maker- there is an external device\nInsulin PUmp- Pump is implanted, but may have to fiddle around and make sure the child knows how to check the device.\n
  • Universal Design= \n
  • FAPE- Children have to progress in the gen ed curriculum and we are supporting them. \n
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  • Includes children in public and private institutions and other care facilities\n
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  • CSET- grade level test.....the scores are mingled and the unintended negative that it makes the school look bad, and statistically possible that the AYP score will decrease. \nModified or Adapted schools: accessible physically and special day classes. and larger percentage representation in that school. \n\n
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  • STATE EDUC AGENCY- STATE DEP. OF EDUCATION\n WHAT IS overidentification & disportortionate representation by race and ethnicity of children. \nThe number of children in the group population in comparison to another group. EX I work in a 60% hispanic school, Lets assume 80 % identified for Special educa. for HIspanic. Disporportionate representation. \n20% but 70% in the 20 are identified....It is disporportionate. Compare it to the population. \nRTI to avoid overidentifying\n\n
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  • If a parent refuses to evaluate their child for special education services, ask them why not? and explain to them the service, aquaint them with special education at your school, and introduce them to other parents with children in Speci educ\n\n\n
  • In IEP....Present levels of achievement & related developmental needs versus. Present level of performance to align them to developmental areas or need and achievement\nFormal and Informal\n
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  • No Short term objectives\n
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  • Ties it all up with the language\n
  • Parent, Child as appropriate, Speci Ed teacher, General Ed teacher\n
  • Some children arent ready for these skills. developmentally they are not ready.\no\nIn an IEP goal or objective...Do not write anything about using a specific reading program by a certain time, because it obligates the school district and.or parents to use the same thing, (when the child transfers in the midst of the IEP )\n30 days after you need a new IEP\n
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  • Video conferencing\n
  • 15 states, not california had one IEP every 3 years. a way to reduce paperwork \nAlot can change is some time. Too much of a gap and a potential for liability \n\nParents can recommend for another evaluation if they are not satisfied. at school’s expense. \n
  • Parent language that they can understand. Spend time upfront about it\n
  • \n\nHow to file a complaint. District has to help them fill out the paperwork. and let them know where it goes and how it is filed...a designated person.\nDifference of Mediation and Due process. \nMediation: A Non-hired and disinterested party to not get to the due process stage.\n
  • Mediation is less expensive, no press, best thing to do, continues the relationship with the family with no bad feelings, \nFamily can refuse mediation, but it will come up later in \nLocal Education Agency-District Cannot opt out of mediation\nState Education Agency-CDE\nTHey sign a binding agreement to prevent the family from later saying that it wasnt ok and prevent Due Process\n\n
  • A family cant take to due process, after a certain time....\nex: Civil Rights complaint gives 180 days for complaint\nLEA can file a complaint for a family refusing to evaluate a child for special education\n
  • 70% of all Due Process get lost on procedural violations...\nUsually because someone doesnt follow through, problems with services, IEP meetings, paperwork\n\n\n
  • Honing vs. Doe- Expulsions (Local that affected Federally) IDEIA changed because of it\nTrigerred in 1998- Be careful on expulsion of students with disability and procedural safeguards, and reason not being behavioral that relates to their disability.\n\nBehavioral Intervention after 10 days of suspension- Or else behavior continues, district will be suspicious about the continuing expulsions, and children will enjoy being away from school, \nBIP- Behavior Intervention Plan\nBehavior and Assessment Case Manager- Sometimes the school psychologist\nAssess the child, Implement the plan, collect data, plan review, \n\nOpportunity Transfer(OT)- student transfers from one school to another/ or trade with another student from another school.\n\nManifestation determination team- making a determination of the manifestation of behavior is related to his disability. Has to be done right away, because since you can only suspend for no more than 10 days, then you cant do anything further without a meeting IEP- and move forward with MDeterm. \n\n
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  • Special Education Local Plan Area- Geographic location and come about when two or more districts decide that they need to work together to provide services for students with special needs. \nLAUSD is its own SELPA. \nLa canada/glendale/burbank- too small districts and band together and created a program to put classes and hire an RSP teacher. \nSELPA comes together and pulls resources to provide services. different programs and services in different areas. children may be clustered and transported/or a specialist moves around the areas to provide the services.\nOr \nThrough County offices- LA county - County Classroom- Non-district employee \nGood- focused and directed the services toward Low incidence disabilities\nBad- county classrooms werent part of the school...PAU Principal Administrator Unit. They were hardly seen, unless they moved around to visit. Not alot of inclusion in the school site activities. \nDistricts started to take back their county program. and \n\nItinerant Consultant Facilitator- Based in Sulfur but spends time with different areas because they pay for the services. \nHow are these programs administered? What are the expectations? District employees? \n\nFederal gov sends $ to state and then pay for SELPA, then direct the $ to different districts to the need of the student. Allows for flexibility. How is the budget determined? by the number of students with need.\n\n\n\n\n
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  • Homeless eligibile for special education- They are at high risk of DD, health impairment, etc.\n
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  • Transcript

    • 1. IDEIA - Key Components EDSP 501 Sherwood Best, Ph.D. CSULA 1
    • 2. Presentation Resourcesn Council for Exceptional Children (2005). What’s new in the new IDEA? Frequently asked questions and answers. Arlington, VA: Author.n Mandlawitz, M. (2007). What every teacher should know about IDEA 2004 laws and regulations. Boston, MA: Prentice Hall.n Turnbull, H.R. III, Stowe, M. J., & Huerta, N. E. (2007). Free appropriate public education: The law and children with disabilities. Denver: Love. 2
    • 3. PL 108-446 (New IDEIA)n Signed in law by George W. Bush on 12/3/04n Represents an alignment w/ the Elementary and Secondary Education Act (now known as No Child Left Behind or NCLB)n Now organized as 4 Parts u Part A – General u Part B – State Eligibility u Part C – Infants & Toddlers w/ Disabilities u Part D – National Activities To Improve Education of children w/ Disabilities 3
    • 4. Part A - Generaln That part of PL 118-446 that governs broad aspects of the federal lawn “Child w/ a Disability” u Adds Tourette syndrome under OHI u Developmental disability may be used to categorize children age 3-9, including age 3-5n Adds requirement of children educated in “core academic subjects”, using NCLB definition of English, reading and language arts, mathematics, science, foreign language, civics and government, economics, arts, history, and geography. 4
    • 5. The Concept of“Highly Qualified”n Applies to sped teachers teaching core academic subjects in public elementary & secondary schoolsn Public elementary or secondary teachers who are not teaching core academic subjects are highly qualified if they meet the requirements for sped teachers or alternative route requirementsn Does not apply to private school teachers, including those hired/contracted by LEA to teach parentally placed private school children w/ disabilities 5
    • 6. The NCLB Definition of “Highly Qualified Teacher”n Meet the NCLB definition of “HQT” u New teachers who teach core academic subjects must have an academic major or advanced degree or pass a competency exam in each core academic area taught u Veteran teachers may demonstrate competency under “high objective uniform State standards of evaluation” (HOUSSE) 6
    • 7. Highly Qualified: Requirements for SPED Teachersn Meet the NCLB definition plus: u Have state sped certification or have passed state licensing exam & have license to teach sped; u Have not had certification or licensure waived on emergency, temporary, or provisional basis; and, u Have a bachelor’s degree. 7
    • 8. Highly Qualified: Alternative Routes to Certification:n Teachers can meet the requirement Under “all special education teachers” if they: u Receive pre-service and on-going high quality professional development, have intensive supervision, teach for not more than 3 years under alternate certification; u Demonstrate satisfactory progress toward certification; and, u The State ensures that they meet these requirements 8
    • 9. SPED Teachers Teaching Children Under Alternative Achievement Standardsn Applies to teachers teaching core academic subjects to child assessed under alternative standardsn Must meet NCLB HQT requirements for new or veteran teacher; orn Meet NCBL requirements for elementary teachers or middle or high school teachers w/ subject knowledge appropriate to the level of instruction being provided 9
    • 10. SPED Teachers Teaching Multiple Subjectsn SPED teachers teaching 2 or more core academic subjects only to children w/ disabilities u Must meet HQT requirements for new or veteran teacher; or u If not a new teacher, must demonstrate competence (under HOUSSE), or; u If a new teacher, who is HQ in math, language arts, or science, must demonstrate competence in core academic requirements under HOUSSE no later than 2 years after being hired. 10
    • 11. Special Education HOUSSEn State may develop separate HOUSSE for sped teachers u Provided it does not establish a lower standard for content knowledge than the regular education HOUSSE u Which may be a single HOUSSE Evaluation covering multiple subjects 11
    • 12. Change in Related Servicesn Adds “teaching blind or visually impaired children to use service animals, as appropriate”Service/signal/ companion Animals: Monkeys, dogs, etc. Exception to related services specifically excludes LEA responsibility for “surgically” implanted medical devices(cochlear implants)n School district personnel can check external components of these devices 12
    • 13. Transition & UDn Transition services u Services must be focused on academic & functional achievement u The child’s “strengths” must be taken into accountn Universal design u The law allows states to use federal funds to support technology w/ UD principles, requires assessments to apply these principles, & directs research toward incorporating UD into standards, curricula, assessments, & instructional methods 13
    • 14. Part B – State Eligibility Requirementsn That part of PL 118-446 that addresses state grants to LEAs for educating children w/ disabilities, 3-21.n FAPE – provision of sped and related services to support children w/ disabilities to progress in the general ed curriculum. Children who do not fail or are not retained and who progress from grade to grade continues to be eligible for sped & related services, unless the IEP team makes an individual determination that those services & supports are no longer necessary. 14
    • 15. Exceptions to FAPEn Regular high school diploma does not include an “alternative degree” that is not fully aligned w/ state academic standards (e.g., GED)n FAPE does not apply to children 3-5, eligible for preschool services, but whose parents opt for their children to remain in Part C services 15
    • 16. Nonacademic Servicesn LEAs must take steps, including provision of supplementary aids & services through the IEP process, to provide nonacademic & extracurricular services & activitiesn PE must be made available to children w/ disabilities, unless PE is not provided to non-disabled children in the same grades as the disabled children 16
    • 17. Other Part B Changesn States must not use funding mechanisms based on types of settings that result in “failure to provide a child with a disability FAPE according to the unique needs of the child, as described in the child’s IEP.”n Provision of sped & related services must support children w/ disabilities to progress in general education curriculum.n LEAs must provide supplemental aids & services necessary for children to participate in nonacademic & extracurricular activities. 17
    • 18. Private School Children w/ Disabilities Enrolled by Parents (PSCD)n LEAs must locate, identify, & evaluate all children w/ disabilities in private schools located in the district served by the LEA.n Cost of individual evaluations may not be consideredn LEAs include PSCD who reside in state other than the state where the private school they attend are located – the responsibility has shifted from the district of origination to the district of attendancen PSCD may be provided sped & related services, including direct services 18
    • 19. Performance Goals & Indicatorsn Must conform to the State’s definition of “adequate yearly progress” – AYP – under NCLBn AYP is established by each state to demonstrate student progress on assessments based on the State’s academic achievement standards.n Students w/ disabilities are a special subgroup under NCLB, & data on those students’ progress must be disaggregated & publicly reportedn States may develop alternate achievement standards for students w/ significant cognitive disabilities 19
    • 20. Access to Instructional Materialsn SEAs must adapt National Instructional Materials Accessibility Standard (NIMAS) to provide instructional materials to blind persons or those w/ print disabilitiesn SEAs are responsible for ensuring, in a timely manner, that instructional materials in accessible formats are available to other children w/ disabilities who are not blind or persons w/ print disabilities 20
    • 21. Participation in Assessmentsn All children w/ disabilities must participate in all assessments, w/ accommodations & alternate assessments indicated on the IEPn SEA or LEA must provide guidelines for alternate assessments aligned w/ the State’s academic content & achievement standardsn SEA must report on the number of children receiving accommodations on regular assessments, the number taking alternate assessments, & a comparison of the performance of children w/ disabilities w/ all children, on those assessments 21
    • 22. Overidentificationn SEAs must adopt policies & procedures to avoid overidentification & disproportionate representation by race & ethnicity of children as children w/ disabilities 22
    • 23. Early Intervening Servicesn LEAs may use not more than 15% of funds to develop & implement early intervening services for students, grades k-12 (focus on K-3) who are not currently identified as needing special education but who need extra academic & behavioral support in the general education environmentn This provision cannot be used to limit FAPE or deny evaluation for children suspected of having a disability 23
    • 24. Initial Evaluation & Reevaluationn Both parents & agency personnel may request initial evaluationn School districts may use procedural safeguards procedures to override parents’ lack of consent for initial evaluation but are not required to do son Prohibits LEA from providing services without parental consent. In the past, the LEA could provide services without parental consent – not now 24
    • 25. Evaluation Proceduresn Assessments must be provided in child’s native language or communication mode most likely to yield accurate informationn Data are needed to determine “present levels of achievement & related developmental needs”n LEA must provide a summary of academic achievement & functional performance, including recommendations to assist child on meeting postsecondary goals. 25
    • 26. New Information on LD Learning disabilityn Eliminates severe discrepancy requirement for determination of LDn Process of eligibility must be based on a process based on scientific, research-based intervention (RTI). u Child does not achieve for age or fails to meet SEAs grade level standards in one or more of the areas (oral expression, listening comprehension, written expression, basic reading skills, reading comprehension, math calculation & math reasoning) u Child does not respond to RTI u Problems not due to sensory, motor, MR, ED, cultural or environmental factors, or limited English proficiency 26
    • 27. Changes in the IEPn Eliminates STOs/benchmarks & retains them only for children taking alternate assessmentsn Transition requirement to age 14 is deletedn Changes to IEP content requirements as follows: u Language includes present levels of academic achievement & functional performance u Language includes measurable annual goals, including academic & functional goals u When periodic progress reports will be provided (e.g., like report cards) u Sped & related services & supplementary aids & services, based on peer-reviewed research to the extent practicable. 27
    • 28. Changes to the IEP (con’t)n Changes in IEP content requirements as follows: u Appropriate accommodations necessary to measure the child’s academic achievement & functional performance on state or district assessments u If alternate assessment is chosen by the IEP team, a statement of why the child can’t participate in regular assessment & why the alternate assessment chosen is appropriate. 28
    • 29. Changes to the IEP (con’t)n Changes in IEP content requirements as follows: u Transition services begin at age 16, or younger if the IEP team determines they are appropriate, & are updated annually, to include: F Appropriate postsecondary goals based on age appropriate transition assessments related to training, education, employment, & where appropriate, independent skills. F Transition services, including courses of study, needed to assist in reaching goals. No other additional information required to be included in the IEP beyond what is explicitly mentioned in this section. 29
    • 30. Comments on IEP Changes A major change is the elimination of STOs/ benchmarks, which were included to assist parentsto measure their child’s progress. State can continue to include these if they want. The team decidesappropriate supplementary aids & services, based on peer-reviewed research to the extent practicable.Peer-reviewed research is not defined in regulations, but it seems that this reference is to independent qualified researchers to be sure that information meets standards in the field. This could add a real burden to the IEP team. Transition is now required at age 16 with a requirement of transition planning at 16 30
    • 31. Who is on the IEP Teamn Same as for 1997 law, w/ addition of “Transition services participants”, invited by the LEAn A team member is not required to attend part or all of a meeting if parents & LEA agree, in writing, that attendance is not necessary, if that member’s curriculum area or related service will not be discussed or modifiedn Team members can still be excused if their curriculum area or related services is being discussed as long as they provide written input to parents & team before the meetingn Part C service coordinator or other Part C representative must be invited to initial IEP meeting. Parents must be notified about Part C coordinator or representative participation 31
    • 32. IEPs in Effectn In considering an IFSP for 3-5, there is new content: “an educational component that promotes school readiness & incorporates literacy, language, & numeracy skills.”n If child transfers to another LEA within the state during the school year, that LEA must provide FAPE w/ services comparable to what was in the IEP, until previous IEP is adopted or a new one is written & implemented (Not identical but comparable) 32
    • 33. IEPs in Effectn When a child transfers, the receiving school must take reasonable steps to promptly obtain records, including IEP & other documents, & sending school must reasonable steps to respond promptly to this request. 33
    • 34. Development, Review, & Revision of the IEPn If changes are made after the annual meeting: u Parents & LEA may agree not to convene but can modify/amend the existing document u If amendments/modifications are made without a meeting, IEP team must be informed of these changes u Upon request, parents must be given a copy of the amended IEP u Parents & LEA can agree to meet via video conference & conference calls 34
    • 35. Multi-Year IEP Conceptn 15 states were chosen to pilot a multi-year (up to 3 year) IEPn Must be optional to parents in participating statesn Must include a review at natural transition pointsn The IEP can be amendedn If child is not making sufficient progress, a more thorough review must be conducted within 30 daysn Parents are entitled to only 1 independent evaluation at public expense each time the LEA conducts an assessment w/ which parents disagree 35
    • 36. Procedural Safeguardsn Copy of procedural safeguards given to parents only one time in a school, except when also given: u At initial referral or parental request for evaluation u Upon receipt of SEA complaint & receipt of due process complaint u According to discipline provisions u At parent’s request u LEAs may post procedural safeguards notice on their websites 36
    • 37. Procedural Safeguardsn Procedural safeguards notice has the following additions: u Timelines for filing complaints through the due process or State complaint procedures u Opportunity for agency to resolve the complaint u The difference between the two procedures u Timelines for filing civil actions u Parents can elect to receive these materials through email 37
    • 38. Procedural Safeguardsn Mediation changes: u May also be used for disputes about issues arising from filing due process complaint u For parties that opt out of mediation, LEA may afford an opportunity to meet w/ disinterested party to explain the benefits of mediation u SEA must select mediators at random, rotational, or other impartial basis. u If dispute is resolved through mediation, a legally binding agreement must be executed & signed by parents & agency representative 38
    • 39. Due Processn Parents & LEAs can now file complaints. There is a new notice requirement that must be filed by the complaining party. There is a time limitation for filing complaintsn The changes seek to reduce number of hearings, especially those that had been filed after the child had exited schooln Emphasis on mediation hopefully will also reduce complaints 39
    • 40. There will be a separatepresentation on the details of due process, resolution, hearing,hearing decision, civil actions, & attorney fees 40
    • 41. Discipline Proceduresn There is now an explicit language allowing children w/ disabilities to be removed for violations of the LEA student conduct code. For infractions that include “serious bodily injury”, removals can extend beyond the 45- day period if these removals also apply to non-disabled children. If they are removed for more than 10 days, there must be behavioral intervention. Functional behavioral assessment was retained, manifestation determination was streamlined 41
    • 42. There will be a separatepresentation of new discipline requirements & changes 42
    • 43. Other Changes to Part Bn States must monitor LEA implementationn Focus of monitoring on “improved educational results & functional outcomes”n Monitoring prioities include LRE & disproportionate representation of ethnic & racial resulting in inappropriate placementn State must use quantifiable indicators to measure FAPE, LRE, & disproportionate representationn States must submit an annual performance plan,, based on “measurable & rigorous targets” 43
    • 44. Enforcing PL 108-446n After 2 consecutive years: u Advises SEA of technical assistance & directs funds there u Identifies SEA as “high risk” & imposes conditionsn If after 3 consecutive years: u Secretary requires corrective action/ improvement plan u Compliance agreement u Withhold 20%-50% of SEA’s funds until correction is achieved u Refer to Department of Justice 44
    • 45. Part C – Early Interventionn That part of PL 118-446 that provides state grants for early intervention services to infants & toddlers w/ disabilities & their families, 0-3n Services are based, to the extent practicable, on scientifically based researchn Emphasis in training on the social & emotional development of young children.n Public awareness targets families of premature infants or those w/ physical risk factors associated w/ learning or developmental problems. 45
    • 46. Part C – Early Interventionn Services now include an educational component promoting school readiness & incorporating pre- literacy, language, & numeracy skills.n Substantial cases of trauma due to exposure to family violence trigger automatic referral for Part C services.n IFSP services continue while eligibility determination is being maden If parents choose, child may receive FAPE under Part B.n The State is not required to provide preschool for preschool children served under Part C. 46
    • 47. Part C – Early Interventionn Effort to promote collaboration among Head Start, early education, & child care programs , & Part C.n Includes language to include homeless infants & young children & their families.n State Interagency Coordinating Council must now include representatives from Medicaid (Medi-cal in California) programs, educational programs for homeless children, & agencies responsible for foster care & for children’s mental health. 47
    • 48. Part C – Early Interventionn State reserve funds may be used for: u Provision of Part C intervention services to children eligible for preschool who previously received early intervention until they entered preschool u Continue service coordination or case management for families receiving services under Part C 48