Kelly Rogers, Psy.S ., BCBA Stephanie Dyer , Ed. S.

1. FAPE IN THE LRE THE NEW BLOODBORNE PATHOGENS Kelly Rogers, Psy.S., BCBA Stephanie Dyer, Ed. S.

2. WARNING • I heard that…. • I was told…. PRACTICE IS NOT NECESSARILY LAW, POLICY, or RULE

3. IMPLEMENTING IDEA = HEARDING CATS

4. ALL DECISIONS INFORMED BY • LAW • RESEARCH • DATA

5. Individuals with Disabilities Education Act (IDEA)https://sites.ed.gov/idea/ • FAPE • LRE

6. FAPE Is an Equitable Education

7. What is FAPE? https://sites.ed.gov/idea/ Individualized Educational Program (IEP) OFFER OF FAPE Special Education & Related Services Specially Designed Instruction (Adapting the content, methodology or delivery of instruction) • To address unique needs resulting from the disability • To ensure access to the general curriculum tomeet the STATE educational standards that apply to all children (i.e. state standards)11-16-15 Dear Colleague Letter

8. What is FAPE? • U.S. Supreme Court Interpretations • BOE of Hendrick-Hudson Central v. Rowley, (1982): • “Reasonably calculated to achieve EDUCATIONAL BENEFITS.” • EndrewF. v. Douglas County (2017): • “Reasonably calculated to make progress appropriate in light of circumstances…. to meet challenging objectives.”Appropriately Ambitious • 12-7-17 Q&A on Endrew • 6th Circuit Hamilton Co DOE (August, 2018) http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0176p-06.pdf

9. “The process of providing special education and related services… is not guaranteed to produce any particular outcome… therefore… educational benefits are best measured under the paradigm of appropriate progress based on the unique circumstances of the child.” Meaningful Ed Benefit

10. To provide FAPE, schools must provide students with an education that prepares the child for further education, employment, and independent living. 20 U.S.C. §1400(c)(5)(A)(i) What is FAPE?IDEA 2004

11. National Secondary Transition Technical Assistance Center (NSTTAC)

12. LEAST RESTRICTIVE ENVIRONMENT “To the maximum extent appropriate, children with disabilities…. are educated in the general education classroom with children who are not disabled…” ….and that special classes, separate schooling, or other removal of children with disabilities from regular education environment occurs only if the nature or severity of the disability is such that education  in regular classes with the use of supplementary aides and services cannot be achieved satisfactorily.” ADA Implications 34 C.F.R. §300.114

13. IDEA ‘04 “Almost 30 years of research and experience has demonstrated that the education of students with disabilities can be made more effective by having high expectations for such children and ensuring their access to the general education curriculum in the regular classroom, to the maximum extent possible” The Universally Designed Classroom (2005)

14. ensuring their access to thegeneral education curriculum in the regular classroom, to the maximum extent possible Are there exceptions?

15. The Law Does Not Say Unless the… • Student is in 8th Grade and reading at a 3rd Grade Level • Student does not understand basic math facts • Student does not answer open ended questions • Student continuously talks about “Baby Einstein” • Student is preoccupied with “Door Handles” • Student does not actively participate in Group Work • Student can not take his/her own notes

16. There Are No Exceptions!

17. 5 Primary Areas Addressed in the IEP • PLAAFP • Transition • Supplementary Aides and Services • Goals and Objectives • Programs & Services

18. Supplementary Aides and Services Federal Definition

19. To that end, supplementary aids and services include modification to the general curriculum and [a child with a disability is not removed from education in age-appropriate regular classrooms solely because of needed modification in the general curriculum]. (34 CFR 300.116 (e)) The purpose of providing supplementary aids and services is to support students with disabilities as active participants with nondisabled peers as well as to enable their access to the general curriculum. To that end, supplementary aids and services include modification to the general curriculum and [a child with a disability is not removed from education in age-appropriate regular classrooms solely because of needed modification in the general curriculum]. (34 CFR 300.116 (e))

20. Summer Institute Instructional Strategies for Curriculum Engagement

21. 6th Circuit Hamilton • The LRE is a non-academic restriction on the IEP… separate and different from the measure of educational benefits… that facilitates the IDEA’s strong preference for ‘mainstreaming’ (inclusion). • Preference is not absolute -- EXCEPTION (Ronker (1983)) • Prove student would have NO benefit in gen ed • Special education would far outweigh benefits of special ed • Student would be disruptive force to general education “a placement which might be considered better for academic reasons might not be appropriate because of the failure to provide for mainstreaming (inclusion)”

22. “What the IDEA implies, the case law makes explicit: a child need not master the general education curriculum for inclusion to remain a viable option…. the appropriate yardstick is whether the child, with appropriate supplemental aids and services, can make progress toward the IEP goals in the regular education setting.” Argument: Student wasn’t making progress on grade-level academic goals: • Whether student meets IEP goals is a separate question from whether student is “making appropriate progress” or “receiving a meaningful benefit” • “this only establishes that goals…were not appropriately calibrated”

23. Argument = student isolated in gen ed due to academic differences so not really LRE • “Teachers reject inclusion because they do not understand it, do not believe in it, and need extensive training on why it is valuable and how to do it.” • Staff were unwilling or unable to properly engage in the process of inclusion as they deemed it futile or useless in light of his disability “This is the type of approach that the IDEA was designed to remedy….”

24. ODEP 80/80 Statement Continuum of Services MI Thresholds for Restriction SPP Indicator 5: Educational Environments Current Targets General Education Classroom <40% Target 11.7% General Education Classroom 80%+ Target 63.5% General Education Classroom 40-79% Separate Facility Target 5.32% << Less More >> Restrictive https://training.catamaran.partners/b-5-educational-environments/

26. “INCLUSION CONFUSION” Geography is a necessary but insufficient variable for providing an inclusive education. Content of Instruction Instructional Strategies Intensity of Instruction Opportunity to Respond Culture of Belonging Environmental Supports Quirk, C., Ryndak, D.L., Taub, D. (2017) Research and Evidence-based Practices to Promote Membership and Learning in General Education for Students with Extensive Support Needs. Inclusion, 5 (2), 94-109.

27. INCLUSIVE SUPPORTS FBA: Behavior, Academic, Social Implementation Scripts Implementation Fidelity Support (BST) CETA-R Visuals Modifications Peer to Peer Supplemental A & S UNIVERSAL FOUNDATIONAL Tier 1 PBIS / 5:1 Acknowledgements Quality Instruction & Curriculum Engagement Techniques Established Routines & Structure

28. CURRENT THEME IN INCLUSIVE EDUCATION OUTCOME RESEARCH Students with Extensive Support Needs Intellectual Disabilities Autism Spectrum Disorder Multiple Disabilities

29. KURTH & MASTERGEORGE, 2010 • 15 Ss w/ ASD (not AS) – 12 males • 7-9th grade; 12-15 years old • 7 spent >80% day in GenEd; math and reading instruction in GenEd • 8 self-contained spent >50% in SpEd; math and reading instruction in SpEd • Measures: • Cognitive GenEd mean 64.9; SpEd mean 60.0 • Adaptive GenEd mean 44.4; SpEd mean 42.3 • Academic—WJ 3 • Broad Reading: GenEd mean 67.6; SpEd mean 13.1 • Broad Writing: GenEd mean 83.6; SpEd mean 14.1 • Broad Math: GenEd mean 77.4; SpEd mean 8.5 Academic and Cognitive Profiles of Student with Autism: Implications for Classroom Practice and Placement. International Journal of Special Education, 25 (2), 8-14.

30. “There is clear and convincing evidence that inclusive educational settings can confer substantial short and long-term benefits to students with and without disabilities.” Students with Disabilities Students without Disabilities Same level of teacher attention Neutral or Positive Effects Academic Achievement Social Competence Additional Benefits: Reduced fear of human differences Increase friendly relationship Less prejudice Less patronizing / pitying behavior • Increased academic achievement & graduation • Increased independence • Increased engagement • Increased attendance • Increased communication skills • Increased social competence & quality of relationships • Decreased behavior / disciplinary referrals Quirk, C., Ryndak, D.L., Taub, D. (2017) Research and Evidence-based Practices to Promote Membership and Learning in General Education for Students with Extensive Support Needs. Inclusion, 5 (2), 94-109.

31. There is STRONG Evidence that Student with “Extensive Support Needs” • Acquire skills and content knowledge in general education with rigorous instruction and UDL-based adaptations (e.g. differentiated instruction; universal supports, literacy supports (Kluth)) • Are BEST served by educational teams that approach their education with the intent of finding solutions to access and learning barriers rather than alternative placements. Involvement and Progress in the General Education Curriculum for Students With Extensive Support Needs: K-12 Inclusive-Education Research and Implications for the Future. Ryndak, Lewis & White, (2013).

32. ADDRESSING BEHAVIOR REMOVALSDear Colleague Aug 2016http://bit.ly/2UGDmBf

33. ADDRESSING BEHAVIOR REMOVALSDear Colleague Aug 2016http://bit.ly/2UGDmBf

34. POTENTIAL PATTERNS OF REMOVAL • Suspensions • Extended / # “time away/out” • Number of “days off” • Sent home early • Parent agreed to pick up early • Conditions to return to school • Reduced day IEP

35. MANIFESTATION DETERMINATION • Manifestation Determination Review required within ten school days of any decision to change the placement of the student with a disability because of a violation of code of student conduct [H.R. 1350 §615(k)(1)(E)(i)]. • A single removal exceeding ten consecutive school days [34 CFR §300.519(a)]. • A pattern of removals cumulative to more than ten school days in a school year [34 CFR §300.519(b)]. • School day means any day, including a partial day, that students are in attendance at school for instructional purposes.

36. WHY IS A REDUCED DAY RISKY BUSINESS? • Compulsory Education (age 6+) • FAPE Requirements: Is a reduced day an equitable education? • IEP teams make FAPE / LRE decisions not the prescription pad

37. MICHIGAN PUPIL ACCOUNTING MANUALhttp://bit.ly/2WYV7t8 • Special education pupils are to attend the same number of days and hours as is required of any pupil to be counted for a full FTE. • The IEP team may shorten the school day on an individual basis for medical / emotional reasons with documentation by a licensed physician (individual licensed to practice medicine) to still be counted for a full FTE). • Prior to placing a pupil on a reduced day, the district must consider it’s obligations under FAPE including the use of positive behavioral interventions and supports, as well as other strategies when developing the IEP when behavioral issues impede learning or that of others. Doctor’s statement is NECESSARY but not SUFFICIENT • Pupils who are being disciplined for behavior (suspended / expelled) do NOT qualify for an IEP reduced schedule (FTE must be prorated)

38. APPLICATION