IDEA and NCLB Accountability and Instruction for Students with Disabilities NYSCEA Presentation October 13, 2006 Canda

1. IDEA and NCLBAccountability and Instruction for Students with DisabilitiesNYSCEA Presentation October 13, 2006Candace Shyer

2. IDEA and NCLB Connections • Responsibility • Research • Results

3. Responsibility Its not only about special education….

4. IDEA 2004 • Early intervening services are available to students • All children receive timely and appropriate evaluations • Children will not have to wait to fail before receiving interventions • Determinations of eligibility for students with learning disabilities are based on research-based approaches

5. What are Early Intervening Services (EIS)? • For students not identified as needing special education services but who need additional academic and behavioral support to succeed in a general education environment • Grades K-12 (emphasis K-3)

6. What are EIS Activities? • Professional development for teachers and other school staff to enable such personnel to deliver scientifically-based academic and behavioral interventions • EIS includes: • scientifically based literacy instruction • providing educational and behavioral evaluations, services, and supports • where appropriate, instruction on the use of adaptive and instructional software

7. What Funds Can be Used for EIS? • A school district may not use more than 15% of the amount it receives under Part B of IDEA in combination with other amounts • can be aligned with activities funded by, and carried out under the ESEA if those funds are used to supplement, and not supplant, funds

8. Required EIS in Case of Significant Disproportionality • In the case of a determination of significant disproportionality by a school district with respect to the identification of children as children with disabilities, or the placement in particular educational settings of these children… • The State must require any school district identified to reserve the maximum amount of funds under IDEA to provide comprehensive coordinated early intervening services to serve children in the district, particularly, but not exclusively, children in those groups that were significantly over identified

9. EIS Reporting Requirements • # children who received EIS • # children who received EIS later identifiedas needing special education

10. Eligibility for Special Education • Student shall not be determined eligible for special education if the determinant factor is • lack of appropriateinstruction in reading, including explicit and systematic instruction in phonemic awareness, phonics, vocabulary development, reading fluency (including oral reading skills) and reading comprehension strategies; • lack of appropriate instruction in math; or • limited English proficiency

11. Research “research that involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to education activities and programs”

12. Determination of Learning Disabilities • State must adopt criteria • Must not require use of a severe discrepancy between ability and achievement • Must permit use of process based on child’s response to scientific, research-based interventions • May permit other alternative research-based procedures • School districts must use State criteria

13. What is Scientifically-Based Research? • IDEA defines scientifically based research as the meaning given in NCLB • Research that involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to education activities and programs; and includes research that meets specific criteria

14. Components of Response-to-Intervention • Research-based instruction • Reading • Early grades • Increasing levels of intervention • Ongoing assessments of how student responds

15. Determining Learning Disabilities (LD) • For a child suspected of having a specific learning disability, the documentation of the determination of eligibility must contain a statement of: • whether the child has a specific learning disability • the basis for making the determination • the relevant behavior, if any, noted during the observation of the child and the relationship of that behavior to the child’s academic functioning • the educationally relevant medical findings, if any

16. Determining LDs (con’t.) • whether the child does not achieve adequately for the child’s age or to meet State-approved grade-level standards and the child does not make sufficient progress to meet age or State-approved grade-level standards or • the child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade level standards or intellectual development;

17. Determining LDs (con’t.) • the effects of a visual, hearing, or motor disability; mental retardation; emotional disturbance; cultural factors; environmental or economic disadvantage; or limited English proficiency on the child’s achievement level and • if the child has participated in a process that assesses the child’s response to scientific, research-based intervention, the instructional strategies used and the student-centered data collected

18. Data to Review in LD Determination • To ensure that underachievement in a child suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or math: • Data that demonstrate that prior to, or as a part of, the referral process, the child was provided appropriate instruction in regular education settings, delivered by qualified personnel and • Data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of student progress during instruction, which was provided to the child’s parents

19. Accountability for Results • NCLB and IDEA • improving educational results and functional outcomes for all children with disabilities…

20. Students with DisabilitiesParticipation in State Assessments General assessment • based on grade the student is in, or • based on chronological age (which is consistent with birth dates of non-disabled peers)- not assigned grade level (ungraded) New York State Alternate Assessment (NYSAA) • chronological age

21. NYSAA • Linked to grade level content standards • Changes in NYSAA administration format and timetable beginning this year

22. Measuring what matters…The State Performance Plan • Graduation • Drop Out • State Assessments • Suspension • LRE • Parental involvement • Timely evaluations and services • Disproportionality • Preschool results • Post-school results

23. Levels of Intervention • In need of assistance • In need of intervention • In need of substantial intervention

24. Technical Assistance and Enforcement • Annual state targets for improvement • Public reporting of results – State and School Districts • Identification of and intervention with school districts for performance results • Focused monitoring – effective instructional practices • Directed technical assistance to schools

25. Resources for Information • NYSED VESID Special Education http://www.vesid.nysed.gov/specialed/home.html • IDEA 2004 http://idea.ed.gov