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PACTA Special Education Workshop

PACTA Special Education Workshop. September 16, 2010. Donna S. Weldon, Esq. & Brenda Kauffman.

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PACTA Special Education Workshop

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  1. PACTA Special Education Workshop September 16, 2010 Donna S. Weldon, Esq. & Brenda Kauffman This powerpoint is designed to provide authoritative information so that you can spot legal issues. It should not be relied upon as legal advice. If you need legal advice, contact your school’s solicitor. With my sincere thanks to Andy Faust for the ideas from Writing Effective and Legally-Defensible IEPS:Core Requirements in this powerpoint.

  2. Program Description • Purpose • Key Concepts • Agenda • Handouts • Expectations at the end of the session • Expectations for the year 2

  3. Essential Questions • What are the components of a legal IEP? • What assessment and data processes are used to determine present levels of academic achievement and functional performance for students in CTE programs? • How does the use of each student’s individualized specially designed instructional improve achievement? How is it different that what is done for all students? • What is progress monitoring and how does it inform instruction in your school? How is it communicated. • How can formative assessment impact achievement on summative assessment? 3

  4. What is the administrator’s role? • How do I provide school leadership to ensure that students whose learning needs are different are supported? • How do I assure the appropriate staffing to serve students who need special supports and services to access the general career technical curriculum? • Who is representing the CTC at IEP meetings and who is writing IEP’s for career technical programming? • How do I assure compliance with procedures unique to special education? • How do I assure communication & collaboration with sending school district? • How do I assure implementation of IEPs at CTC? • How do I assure systematic monitoring of IEPs? 4

  5. Statutory and Regulatory Authorities • Individuals with Disabilities Education Act Amendments • 20 U.S.C. 1401-1482 • Federal Regulations, 4 C.F.R.Part 300 • Pennsylvania Public School Code • 24 P.S. 13-1371 and 13-1372 • State Regulations, 22 Pa. Code Chapter 14 • Chapter 339 5

  6. Hierarchy of Laws • JOC Policies • PDE Basic Education Circulars (BEC’s) • What is law? • What is guidance? • What is controlling? 6

  7. Evolution of Statute 7

  8. Discrimination/Achievement Model • Inclusion Preferred (LRE) Compare segregation/integration • NCLB Subset Accountability • IDEA Accountability in General Curriculum • Research-based methodologies • Carl Perkins Act 8

  9. Free Appropriate Public Education • Zero exclusion age 3 to 21 • IEP • Procedural Safeguards • Least Restrictive Environment • Special Discipline Procedures 9

  10. PDE “LRE” 14.145 • Educate to the maximum extent appropriate with nondisabled peers • Separation only when nature or severity of disability with appropriate supplementary aids and services prevents satisfactory education • Does not require same level of achievement as classmates, but meaningful progress in the IEP goals • Additional cost or administrative convenience no defense 10

  11. Current practice in most CTEs is Inclusive Practices – students with IEPs are included in general career technical education with ‘supplementary supports and services’ 11

  12. Compile Information About Student; Identify Student Strengths and Needs Develop Profile of General Education Classroom(s) Identify Potential Barriers to Curricular Access and Instruction Identify Strategies and Services to Eliminate Barriers Identify Viable Alternatives for Implementation A Multi-Step Process 12

  13. What Is Your Defense? • Parental State Complaint • PDE Investigation • Due Process Complaint • State Audit/Citations • Compensatory Education Award • Attorneys Fees Award 13

  14. Special Education Process • Identification/Child Find • Evaluation/Reevaluation(ER/RR) • IEP • NOREP • Stay Put • Discipline 14

  15. REEVALUATION/IEP FLOW CHART

  16. REEVALUATION/IEP FLOW CHART

  17. Activity: Create your flow chart • Create a flow chart that represents the steps your school takes in the IEP writing process. 17

  18. IEP Content • Special Considerations • Present Levels of Academic Achievement and Functional Performance • How Disability Affects Progress in General Curriculum • Participation in State and Local Assessments • Transition Services • Goals and Objectives • Program Modifications, SDI’s, Related Services, Supplementary Aids and Services 18

  19. Supplementary Aids and Services 19 Source: Etscheidt & Bartlett, 1999

  20. IEP Team Members • Parent/Guardian/Surrogate • Student • Regular Education Teacher • Special Education Teacher • LEA Representative • Career Tech Faculty • Specialists at Parent/LEA Discretion 20

  21. Who are these students with IEPS? • A student who has one of thirteen disabilities listed and defined in federal reg 300.8: mental retardation, hearing impairment, speech or language impairment, visual impairment, emotional disturbance, orthopedic impairment, autism, traumatic brain injury, other health impairments, specific learning disability, deaf-blindness, multiple disabilities • Requires specially designed instruction • References 21

  22. Another way to organize our thinking about students with IEPs who are enrolled in our CTE programs • Student X-Minimal Needs & Interventions • Student Y-Moderate Needs & Moderate Level of Interventions • Student Z-Multiple Needs & Intensive Level of Interventions 22

  23. The IEP and Achievement Goal • Staffing • Job Descriptions • Training • Evaluation Instruments • Supervision/Monitoring • Organizational Chart • CTS, School District, IU duties • Assignment of Personnel 23

  24. Management of Special Education Mission promotes special education Personnel/staffing Review job descriptions to define special education responsibilities Incorporate into staff evaluations Coordinate student discipline Training of staff 24 24

  25. IEP Requirements for Regular (Career Technical Education) Teacher Review each of your students’ IEPs to determine adequacy of assessment data, your ability to provide accommodations and learning techniques, necessary training Identify necessary collaboration in reading & math Identify behavioral strategies and any inabilities to implement Identify SDI’s and any inabilities to implement in your classroom Understand communication chain/procedures regarding IEP issues 25 25

  26. IEP Requirements-Regular Ed. Teacher Implement BIP Implement adaptations and modifications (SDI’s) Monitor progress and utilize supports Report Progress Report IEP failure Report parent’s request for evaluation Use prescribed alternative assessments Participate as member of IEP team as requested Maintain confidentiality 26 26

  27. IEP Elements • Present levels of • Academic achievement & • Functional performance • How the student’s disability affects her involvement in the general curriculum • Objectively measurable baseline statement in each area of need 27

  28. Academic Achievement Areas • Reading • Math • Written language • Listening Comprehension Can unfamiliar teacher identify the point to begin instruction and type and level of material? 28

  29. How does academic achievement affect student’s involvement in general curriculum?THINK STUDENT PYRAMID Not at all Adaptations Needed-Expected to learn the skills or acquire content knowledge identified as learning outcomes Modifications Needed-Elimination of some learning outcomes Replacement Instruction-Direct instruction in area of basic academic skill not part of the scope and sequence of general curriculum 29 29

  30. Reading Baseline Info • Phonological awareness • Phonics or alphabilities • Fluency • Vocabulary • Comprehension 30

  31. Functional Performance • Learning-interfering behavior • Expressive & receptive language • Social skills • Pragmatic language • Fine & gross motor skills • Study & organization skills • Hearing & vision 31

  32. Functional Performance Questions: What does the behavior look or sound like?Under what conditions does it occur? 32

  33. Learning-interfering Behaviors • Hyperactivity • Inattention, off task • Withdrawal • Disruptive • Verbal Aggression • Physical Aggression • Regardless of disability label 33

  34. Specific Description of BehaviorWho helps you case manage this problem and answer these questions? • What type of behavior is occurring? • How frequently and approximate duration? • When does behavior occur/what is the trigger? • What is perceived function of behavior? • What does student think about behavior? 34

  35. How does functional performance affect student’s involvement in general curriculum?THINK STUDENT PYRAMID Not at all Adaptations Needed Modifications Needed Replacement Instruction Most Impact MOST FEW Moderate Impact MANY Least Impact 35 35

  36. Adaptations-one form of SDI • Means individualized changes required for student to learn skills or acquire content • Methods, means or intensity • Texts or other materials • No., use or qualifications of support staff • Time allotted for instruction • Instructional environment • Type or timing of assessments 36

  37. Classroom Observation: What should you look for to demonstrate use of adaptations?Who should be looking/monitoring compliance? 37

  38. Evidence of Adaptations: “Look-Fors” • Books on tape • Texts with lower reading levels • Use of dictation • Change of text format • Supplemental instruction or tutoring • Extended Time • Assistive technology 38

  39. More “Look-Fors”: • Behavioral Interventions • Prompting and cueing • Study guides • One-on-one aide • Sign language interpreter • Special education classroom • _______________________ 39

  40. Modifications • Elimination of some or all of learning outcomes identified in planned course (competencies) • Adaptations may cause modifications • Replacement instruction may supplant instructional time 40

  41. Replacement Instruction  Direct instruction in some basic academic or functional area not part of scope and sequence of general curriculum at current grade level 41

  42. SDI’s vs. Goals • Needed adaptations and modifications become SDI’s or program modifications • Replacement instruction becomes goals 42

  43. IEP Element – Goals • Replacement instruction described as one or more measurable goals • Objectively verifiable end point (numerical, product, observable behavior) • Must know student’s rate of acquisition 43

  44. PASA Alternative Assessment Requires short term objectives or benchmarks 44

  45. Goal Components • Operant condition • Measurable response • Criterion 45

  46. Examples of Condition • “For writing more than one sentence of technical writing,” • “At intervals established in sensory break schedule by OT”… • “Given text from electronics manual, with preview of unfamiliar words,” • “In ordinary CTC lab setting with verbal and visual prompting and modeling faded to elimination,” 46

  47. Basic Rules for SDI’s • Student specific need, not group disability • Peer reviewed research • Do not use brand names, be generic • Do identify specific time and duration, subjects, or description of condition • Do be specific to CTE, that is subject and class 47

  48. How do modifications affect student’s involvement in general curriculum?THINK STUDENT PYRAMID Competencies NOCTI Most number, frequency & intensity MOST FEW Moderate number MANY Often least number & independent use 4/1/2014 48 48

  49. Chapter 14: What’s in addition to IDEIA? • Credentialing for paraprofessionals and 20 hours of staff development annually (14.105(a)) • New caseload chart (14.105(c)) • Evaluation timeframe is now 60 calendar days, excluding summer recess(14.123(b) & 14.124(b) • Parent requested evaluations • In writing, but • Oral requests to professional employees triggers that individual must provide permission to evaluate 49

  50. Chapter 14: What’s in addition to IDEIA? • Criteria for SLD • Choice between RtI or Discrepancy Approach (14.125) • Types of service defined-learning support, autistic support, emotional support, and life skills support (14.143) • Least restrictive environment-full range of supplementary aids and services must be considered before separate education (14.145) 50

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