Resource Binder for Special Education Federal and State Regulations

1. Resource Binder for Special Education Federal and State Regulations Educate all students to achieve excellence Tammie McElaney February 2014

2. RESPONSIBILITIES OF GENERAL EDUCATION TEACHER The IEP team for each child with a disability must include at least one regular education teacher of the child – if the child is, or may be, participating in the regular education environment A regular education teacher of a child with a disability, as a member of the IEP Team, must, to the extent appropriate, participate in the development of the IEP of the child, including the determination of – Appropriate positive behavioral interventions and supports and other strategies for the child Supplementary aids and services, program modifications, and support for school personnel U.S. Department of Education. ED.gov

3. RESPONSIBILITIES OF GENERAL AND SPECIAL EDUCATORS Both general and special educators must provide students with the information outlined in the IEP to improve the achievement and performance of students with disabilities– General Educators Must provide appropriate instruction to all students Must participate in review and revision of IEP of students in their classroom Use data-based evidence to support decisions to refer to special education Special Educators Must participate in the review and revision of IEP Provide support with the implementation of accommodations in the regular education classroom Provide services and accommodations for students on IEPs

4. REPSONSE TO INTERVENTION - Response to Intervention (RTI) is school-based, multi-level prevention system to maximize student achievement and reduce behavior problems. - With RTI, schools identify students at risk for poor learning outcomes, monitor student progress, provided evidence-based interventions and adjust the intensity and nature of those interventions depending on the student’s responsiveness. - The four essential component of RTI, as outlined by the National Center on Response to Intervention, are: 1. Multi-system Prevention System 2. Universal Screening 3. Progress Monitoring 4. Data-Based Decision Making National Center on Response to Intervention. http://www.rti4success.org/

5. Intervention Documentation Worksheet Week of ______________________________________ Teacher: ______________________________________________________

6. CURRICULUM ACCOMMODATION PLANS WHAT ARE ACCOMMODATIONS? Accommodations are practices and procedures in the areas of presentation, response, setting, and timing/scheduling that provide equitable access during instruction and assessments for students with disabilities. Accommodations are intended to reduce or even eliminate the effects of a student’s disability; they do not reduce learning expectations. The accommodations provided to a student must be the same for classroom instruction, classroom assessments, and district and state assessments. It is critical to note that although some accommodations may be appropriate for instructional use, they may not be appropriate for use on a standardized assessment. There may be consequences (e.g., lowering or not counting a student’s test score) for the use of some accommodations during state assessments. It is very important for educators to become familiar with state policies regarding accommodations during assessments. Typically, accommodation use does not begin and end in school. Students who use accommodations will generally also need them at home, in the community, and as they get older, in postsecondary education and at work. Accommodations for instruction and assessment are integrally intertwined. https://www.osepideasthatwork.org/toolkit/pdf/AccommodationsManual.pdf

7. DESCRIPTION OF ACCOMMODATIONS Accommodations are commonly categorized in four ways: presentation, response, setting, and timing and scheduling: • Presentation Accommodations—Allow students to access information in ways that do not require them to visually read standard print. These alternate modes of access are auditory, multi-sensory, tactile, and visual. • Response Accommodations—Allow students to complete activities, assignments, and assessments in different ways or to solve or organize problems using some type of assistive device or organizer. • Setting Accommodations—Change the location in which a test or assignment is given or the conditions of the assessment setting. • Timing and Scheduling Accommodations—Increase the allowable length of time to complete an assessment or assignment and perhaps change the way the time is organized. https://www.osepideasthatwork.org/toolkit/pdf/AccommodationsManual.pdf

8. PROVISION OF SERVICES IN THE LEAST RESTRICTIVE ENVIRONMENT IN ACCORDANCE WITH FEDERAL MANDATE IDEA 2004 – Individuals with Disabilities Education Act (IDEA) is a law ensuring services to children with disabilities throughout the nation. IDEA governs how states and public agencies provide early intervention, special education and related services to eligible infants, toddlers, children and youth with disabilities. If a child is eligible for special education services he/she is entitled under federal law to receive a Free Appropriate Public Education (FAPE). This goes into effect at age 3. Along with FAPE, that child is to be educated in the Least Restrictive Environment (LRE). This means that the student should attend the school he would attend if nondisabled, unless the child’s disability will not allow them to have a successful educational experience at that school.

9. LEAST RESTRICTIVE ENVIRONMENT In general.--To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled, and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. Additional requirement.— In general.--A State funding mechanism shall not result in placements that violate the requirements of subparagraph (A), and a State shall not use a funding mechanism by which the State distributes funds on the basis of the type of setting in which a child is served that will result in the failure to provide a child with a disability a free appropriate public education according to the unique needs of the child as described in the child's IEP. Assurance.--If the State does not have policies and procedures to ensure compliance with clause (i), the State shall provide the Secretary an assurance that the State will revise the funding mechanism as soon as feasible to ensure that such mechanism does not result in such placements. U.S. Department of Education, Office of Special Education (OSEP).http://idea.ed.gov/explore/view/

10. ELIGIBILITY When determining eligibility: The Team must interpret evaluation data Draw upon information from a variety of sources including: Aptitude and achievement tests, parent input and teacher recommendations, as well as information about the child’s physical condition, social or cultural background, and adaptive behavior; and ensure the information obtained from all of these sources is documented and carefully considered. If a determination is made that a child has a disability and needs special education and related services, an Individualized Education Program (IEP) must be developed for the child. Follow eligibility flow chart: http://www.doe.mass.edu/sped/cspd/sld_handoutD.pdf http://idea.ed.gov/download/finalregulations.pdf

11. SECTION 504 ELIGIBILITYCRITERIA Section 504 is less discriminatory: it protects all persons with a disability who  1. have a physical or mental impairment which substantially limits one or more major life activities;  2. have a record of such an impairment; or  3. are regarded as having such an impairment.  The Section 504 regulations further define a "physical or mental impairment" as any physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory including speech organs, cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin or endocrine: or any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness and specific learning disabilities.  http://www.wrightslaw.com/advoc/articles/504_IDEA_Rosenfeld.html

12. DISCIPLINE LAWS FOR STUDENTS WITH DISABILITIS Section 300.530(d)(4), regarding the removal of a child with a disability from the child's current placement for 10 school days in the same school year, has been revised to remove the reference to school personnel, in consultation with at least one of the child's teachers, determining the location in which services will be provided. Section 300.530(d)(5), regarding removals that constitute a change of placement under Sec. 300.536, has been revised to remove the reference to the IEP Team determining the location in which services will be provided. A new Sec. 300.530(e)(3), has been added to provide that, if the LEA, the parent, and members of the child's IEP Team determine that the child's behavior was the direct result of the LEA's failure to implement the child's IEP, the LEA must take immediate steps to remedy those deficiencies. Section 300.530(h), regarding notification, has been changed to specify that, on the date on which a decision is made to make a removal that constitutes a change in the placement of a child with a disability because of a violation of a code of student conduct, the LEA must notify the parents of that decision, and provide the parents the procedural safeguards notice described in Sec. 300.504. http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2Cpreamble1%2Cprepart1%2CE%2C117%2C

13. DISCIPLINE (CONTINUED) In Summary: If removal for discipline reasons is for more than 10 days (does not have to be consecutive), this is considered a change in placement. In-house suspension may also be considered a change in placement. Parents must be notified immediately if there is a change in placement due to disciplinary reasons Manifestation Determination: Meeting held to determine if the behavior is a direct result of failure to implement the IEP If it is, the district must immediately remedy this by modifying the plan or putting a new plan in place If not, may apply disciplinary procedures and Team must determine which FAPE services are needed to enable student to access curriculum

14. PARENT RIGHTS AND ROLES Parents play a vital role in collaborating with school support staff when educating a child with a disability. Parents have the right to request an evaluation if they suspect a disability If the parent disagrees with any of the school’s evaluations, they may request an Independent Educational Evaluation (IEE) Parents also have the right to “reject” in writing part or all of the IEP The Parent’s Notice of Procedural Safeguards provides important information for parents about their rights and responsibilities in the IEP process Parent Guide to Special Education. http://www.fcsn.org/parentguide/parentguide.pdf