This document summarizes key legislation and elements related to special education. It outlines laws such as IDEA, ADA, NCLB, and Section 504 that promote inclusion and protect the rights of students with disabilities. It also describes core concepts in special education including standards-based education, evidence-based practice, response to intervention (RTI), universal design for learning (UDL), and differentiated instruction.

1. Chapter 1: Special Education in an Era of Inclusion and Standards SPED 413 Annie Dobda

2. Critical Legislature Public Law 94-142 Originally known as Education for All Handicapped Children Act (EHA), now known as Individuals with Disabilities Education Act (IDEA). Gave funding to states to improve, expand, and/or develop special education programs. Ensured rights of all children with disabilities and appropriate education for all students, even those who had not received appropriate education in the past.

3. Critical Legislature Individuals with Disabilities Education Act (IDEA) Most recently reauthorized in 2004 6 key provisions of IDEA Free, Appropriate Public Education School districts are required to provide free special education services to students who qualify. Appropriate Evaluation Before receiving special education services a student has to have a full evaluation done. Individualized Education Program Every student receiving special education services will have this document which summarizes their learning program. Least Restrictive Environment Students receiving special education must be educated in the most inclusive setting that meets their needs; typically a general education classroom. Parent and Student Participation in Decision Making Parents now must give their consent for every decision made that affects their child. They can also ask for an independent educational evaluation and can dispute decisions made regarding their child’s education. Procedural Safeguards Parents can request a due process hearing if they feel their child’s rights are being violated.

4. Critical Legislature Section 504 Provides services to those who do not necessarily qualify for special education but need special accommodations. Includes students who have a mental or physical impairment that impacts the educational process.

5. Critical Legislature Americans with Disabilities Act (ADA) Enacted in 1990. Ensures civil rights for individuals with disabilities. Covers areas such as employment, public accommodations, transportations, state and local governmental operations, and telecommunications systems. Prevents against discrimination based on disability.

6. Critical Legislature No Child Left Behind (NCLB) A reauthorization of the Elementary and Secondary Education Act; enacted in 2001. Based on a set of standards. Holds schools accountable and ensures that even the “neediest” of students receive proper education. 5 key provisions: Increased accountability Requires that all students in grades 3-8 take annual standards-based tests. Requires schools to make adequate yearly progress. Has objectives that students must reach by 2013. Parent and student choice Makes funding available for parents to enroll their child in a “better” school within their district if the school they currently attend is “failing.” Also makes funding available for parents to request supplemental services such as tutoring. Greater flexibility Flexibility in the use of educational funds from the federal government. Puts reading first Provides funding to make sure that students can read by third grade. Highly qualified teachers Requires that all teachers be highly qualified in the areas they teach; was supposed to happen by 2006 but has not yet been achieved.

7. Key Elements of Special Education Standards-Based Education All subject matter taught must be based on state standards in the areas of language arts/English, math, social studies, and science. Two types of standards Content standard Knowledge, skills, and understanding that students should attain in academic subjects. Performance standard Levels of achievement that students must meet to demonstrate their proficiency in the subjects.

8. Key Elements of Special Education Student Accountability Students are held accountable for learning state standards. Accountability is demonstrated through standards-based testing. Students are tested annually in grades 3-8 in both reading and math. Students with disabilities will still take the standards-based tests. They make take the regular test, the regular test with accommodations, or take an alternate assessment. Inclusion Provides students with disabilities the opportunity to belong. Doesn’t necessarily mean the student is physically in a general education classroom, rather they are given an opportunity to learn in an environment that promotes success in education and gives them a sense of belonging.

9. Key Elements of Special Education Evidence-Based Practice Requires teachers to use interventions that have been tested and found to work on the population they are used on. Diversity Considerations An intervention system should be used that will address the wide range of needs across the student population. Types of diversity in the classroom can include cultural, racial-ethnic, setting, English language learners, economic, sexual orientation, intellectual/cognitive, physical/sensory, and/or behavioral diversity. Teachers need to be aware of the types of diversity that exist in their classroom and use the necessary skills to address the needs.

10. Key Elements of Special Education Response to Intervention (RTI) A multi-tiered approach to teaching students with special needs. Consists of three tiers: Tier 1 – High quality core instruction All students participate. Differentiated instruction is given by the general education teacher using evidence-based core curriculum. 80-85% of all students will have their needs met in tier 1. Tier 2 – High quality targeted supplemental instruction Is a supplement to tier 1. Students whose needs aren’t met in tier 1 are given more intensive, evidence-based interventions in a small group in a general education classroom. About 15% of students are given tier 2 supports. Tier 3 – High quality intensive instruction Intensity of interventions increases and group size decreases. Students may receive individual supplementation or be part of a very small group. These interventions are still a supplement to the tier 1 core instruction. The tier 3 interventions may be given by a special education instructor, but students receiving tier 3 instruction do not have to be special education students. About 5% of students receive tier 3 supports.

11. Key Elements of Special Education Universal Design for Learning (UDL) Universal design in education means having a curriculum and materials that will support a wide range of learners. Main concepts of UDL: Can be individualized without drawing attention to an individual, Approach is proactive, Incorporates new technologies and resources, and Increases usability for everyone, not just special needs students. Curriculum that is based on UDL has: Goals that are challenging for all students, Flexible format materials, Methods to support a wide range of students, and Flexible assessments.

12. Key Elements of Special Education Differentiated Instruction Allows an instructor to teach a wide range of students in a general education classroom and meet all their needs. Takes into consideration individual student’s abilities and allows instruction at the level appropriate for each student.

13. References Polloway, E., Patton, J., & Serna, L. (2008). Strategies for teaching learners with special needs (9 th Ed.). Upper Saddle River, NJ: Pearson/Merrill/Prentice Hall. Tiered Interventions . (2008). Retrieved May 20, 2011, from http://atlasinitiative.org/tiers.html.