IDEIA: Discipline and Legal Issues Inside Our Schools

1. I have come to a frightening conclusion. I am the decisive element in the classroom. It is my personal approach that creates the climate. It is my daily mood that makes the weather. As a teacher, I possess tremendous power to make a child’s life miserable or joyous. I can be a tool of torture or an instrument of inspiration. I can humiliate or humor, hurt or heal. In all occasions it is my response that decides whether a crisis will be escalated or de-escalated, and a child humanized or dehumanized. Hiam Ginot, 1975

2. Deidra (Dee) Adamczyk Sonya DobbsKeely Jones-MasonExceptional Education Teacher Institute Summer 2010 IDEIA: Discipline and Legal Issues Inside Our Schools

3. TN State Monitoring Compliance ISSUES • Suspensions and Expulsions of Students with Disabilities • Students with disabilities incorrectly continue to be suspended for over 10 days without special education services. • TN STATE DIRECTIVES: • Professional development to all administrators on the policies and procedures related to discipline and disciplinary process. • Provide training in Positive Behavior Supports, Functional Behavior assessment and effective use of Behavior Intervention Plans. • Teacher mentoring for students that are “at risk “.

4. Compliance Issues cont’d • Exceptional Education ‘Green Folder’ content and organization. (see attached handout) • 2010-2011 Monitoring Directive All exceptional education student cum files will be monitored by compliance facilitators, principals, case managers, and other central office staff.

5. Compliance Issues: cont’d • Student Record Reviews: • Teachers who were not “in attendance” at the IEP need to review the IEP and sign in review. • Report of Progress is required to be issued to the parent/guardian as often as the District’s Report Card.

6. Compliance Issues: cont’d • Percentage of time in Special Education. • Services are not provided in the least restrictive environment. • Required Corrective Action: • Provide training on inclusive practices. • Development of a Behavior Reintegration Plan for students in MIS classes.

7. What’s the Big IDEIA? The education of children with disabilities is a top national priority. Our nation’s special education law, the Individual’s with Disabilities Education Improvement Act (IDEIA), sets high standards for their achievement and guides how special help and services are made available in schools to address their individual needs. 6,000,000 Students in the U.S. receive Special Education Services

8. Individuals with Disabilities Education Improvement Act of 2004Also known as:IDEA  Public Law 108-446 “ Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society.  Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities." 

9. IDEIA 2004 • Emphasis on results. • Early intervention to prevent failure. • Single unified system. • Rigorous, scientifically based identification methods. • Focus on student achievement. • LD identification based on: student response to scientific, research-based interventions (RTI) . • Inclusion of students with disabilities in general education classrooms.

10. Special EducationA SERVICE NOT A PLACE Specially designed instruction, at no cost to the parents, to meet the unique needs of a student with a disability.

11. FAPE • IDEIA 2004 ensures a free appropriate public education (FAPE), • Provided to children and youth with disabilities at public expense. • Include an appropriate preschool, elementary school, or secondary school education . • Provided in conformity with the individualized education program (IEP).

12. FAPE, cont’d • Students must be permitted to register at school of zone. • Transfer students must be provided with comparable services while eligibility and IEP is reviewed. • Text books provided to all students. • Special events, field trips, computers, library

13. Least Restrictive Environment • Special education instruction MUST be provided to students with disabilities in the least restrictive environment (LRE). • Students with disabilities are educated with non disabled children to the maximum extent appropriate. • Students with disabilities MUST be educated in the school they would attend if they did not have a disability, unless the student's IEP requires other arrangements.

14. LRE ,cont’d Most restrictive environment Least restrictive environment West Tennessee RISE Project, 2007

15. Overview of Special EducationProcess and Procedures • Identification • Evaluation • Eligibility • IEP Development • IEP Implementation • Review of IEP

16. Identification • Child Find • Support Team • RTI ~ Response to Intervention • Evaluation

17. Child Find • We must ensure that children who are eligible for special education services are identified, located, and evaluated. • We must provide a free, appropriate public education (FAPE) to all children ages 3-21 years who are eligible for special education services. • All students with disabilities who are determined eligible for special education services must have an Individualized Education Program (IEP).

18. Child Find cont’d • We must make every effort to place students in the least restrictive environment (LRE) and provide them a free appropriate public education. • Students with disabilities should not be discriminated against.

19. Support Team • Assign a Support Team coordinator • 4 Step Problem Solving Model • Problem Identification • Problem analysis • Intervention Development • Intervention Evaluation

20. RTI ~Response to Intervention • Provides assistance to students in timely fashion. It is NOT a wait-to-fail model. • Helps ensure that the student’s poor academic performance is not due to poor instruction. • Assessment data is collected to inform the teacher and improve instruction. • Assessments and interventions are closely linked. • Contact school psychologist for more information.

21. Evaluation • Procedure used to determine whether a child has a disability and the nature and extent of the special education and related services that the student needs. • All areas of a suspected disability must be evaluated. • Evaluation report includes a summary and interpretation of assessments .

22. Evaluation, cont’d • Reevaluations occur at least once every three (3) years, or more frequently if conditions warrant or if requested by the child's parent/ guardian or teacher. • Testing Optional • Parental consent • Due Process

23. Eligibility • IEP team reviews evaluation results and determines • If there is existence of a disability. • If the student exhibits a need for special education. • A student will NOT be identified as a student with a disability if the learning problems are due to: • A lack of scientifically-based instructional practices and programs that contain the essential components of reading instruction. • A lack of instruction in math.  • Limited English Proficiency. • Consent for services.

24. IDEA defines a “Child with a disability“as a child with • Intellectual Disability (formerly Mental Retardation) • Hearing Impairments (including deafness) • Speech or Language Impairments • Visual Impairments (including blindness) • Emotional Disturbance • Orthopedic Impairments • Autism • Traumatic Brain Injury (TBI) • Other Health Impairments (OHI) • Specific Learning Disabilities (SLD) • Developmental Delays (DD) • Functionally Delayed (FD) • Intellectually Gifted (IG) FD & IG are acknowledged in TN; but is not a Federally recognized disabilities. AND who by reason thereof needs special education & related services

25. IEP Development • Timelines • After Initial Evaluation • Annually • Parent request • Manifestation Determination (where the incident of suspension was a manifestation of the student’s disability) • Compliance issues • Invitation Letter (parents receive minimum 10 days notice) • Prior Written Notices (pre and post-meeting PWN is required) • Draft IEP • 15 Day Letter

26. IEP Development, cont’d IEP Team Members: • Parent (s) • Special Education Teacher • General Education Teacher • Administrator (local education agency or LEA) • Related Services Providers • Interpreter • Student at age 14 • Other agencies for Transition Services, if needed

27. IEP Development, cont’d • Standard Based IEP • Should include current assessments data • District Assessments, Think link, DIBELS • Achievement, TCAP, BRI, Running Records • Transition Assessments if IEP will be in effect when student is age 14. Transition may be included earlier if requested by the IEP team) • Behavioral and Social • Medical

28. IEP Development, cont’d • Cum folder review • Attendance • Grades • Discipline and Behavior History

29. TCAP Assessments for Students with Disabilities • The Individuals with Disabilities Education Improvement Act (IDEIA) and NCLB require that all students, including those with the most severe disabilities, must be included in state-mandated assessments.  • The Tennessee Comprehensive Assessment Program (TCAP) includes several alternative assessments available to students with disabilities whom participation in the regular state assessment is inappropriate, even with the use of extensive accommodations. 

30. TCAP Assessments for Students with Disabilities, cont’d Tennessee's alternate assessments are: • TCAP Alternate Portfolio Assessment (TCAP-Alt PA) • State-wide assessment for students in grades 3 - 8 based on Modified Academic Achievement Standards (TCAP MAAS) • Alternative Performance-Based Assessments for students with an active IEP whose disability interferes with performance on an End of Course Assessment. 

31. TCAP Assessments for Students with Disabilities, cont’d • Additionally, special testing accommodations may be used by students who are receiving special education services or services under Section 504 and have the need for the accommodations documented in their IEPs or 504 Service Plans. • The decision for student participation in any alternate assessment or special accommodation is an IEP team decision based on the needs of the individual student. • The State is an English only State; all assessments are provided in English only. We do not offer any of our assessments in a Native Language format. http://tennessee.gov/education/assessment/alt_TCAP.shtml

32. TCAP – Modified Academic Achievement Standards (TCAP-MAAS) 1. TCAP MAAS is an assessment option for IEP teams to consider for students with a disability in grades 3-8. 2. TCAP MAAS assessment is an IEP team’s decision based on the student’s data. Unlike the TCAP Alt (portfolio), there is no special paperwork or form required of either Psychologists or Principals for the MAAS.   

33. TCAP – Modified Academic Achievement Standards (TCAP-MAAS), continued 3. The MAAS is more like a TCAP Achievement than a TCAP-Alt. (Portfolio). On the MAAS, there are three multiple choice answers, and simpler text, etc. 4. Students can take a regular TCAP Achievement in some subject area(s) and a MAAS in others; for example, a student can take a TCAP Ach. for Science and Social Studies, and then a TCAP MAAS for Reading and Math. Note: on ‘EasyIEP’…Alternate MAAS 2% – applies to TCAP-MAAS

34. TCAP (TCAP-PA) TCAP Alternate Portfolio Assessment (TCAP-Alt PA) 1. Cognitive and adaptive scores for the student must be provided by the school psychologist. 2. The need for the use of alternate standards must be agreed by the IEP team. 3.The Executive Principal (not assistant principal or a designee) must sign required documents. Note: on ‘EasyIEP’…the Alternate Portfolio 1% applies to TCAP Alt PA. Note: on ‘EasyIEP’…the Alternate Portfolio 1% applies to TCAP Alt PA

35. Compliance Issues Invitation Letter minimum 10 days notice to an IEP meeting to parent (and to student if aged 14 years or older.) • Prior Written Notice • Draft IEP • 15 Day Letter

36. Prior Written Notice (PWN) Pre- meeting and Post- meeting PWN is required for • IEPs • Evaluations or Re-Evaluations • Eligibility • Manifestation Determination

37. Transition • IDEIA 2004 raises transition age from 14 to 16; however… • State of Tennessee requires age 14!!! • 8th grade develop an initial four (4)year plan for high school study. • Age 14 Provide transition assessments and transition services. See handout: Exceptional Education ‘Green Folder’ Contents and Organization

38. Transition • Transition Folder (Portfolio and assessments) • Transition plan reviewed annually. (Remember to invite student on the EasyIEP invitation letter!!!) • Goals and objectives must be written • Summary of Performance must be completed for graduating seniors • Indicator 13- reported to state and federal government • Contact Transition Team for more information

39. IEP Implementation • Read the IEP for each student on your caseload and/or students that you serve. • IEP service and supports are in place for each student. • IEP service hours are reflected in student class schedule.

40. Review of IEP • Report of Progress noted in the EasyIEP system every 9 weeks (same as district report cards). • Monitor students’ academic and behavioral progress and/or regression. • Make adjustments as needed through an addendum or annual IEP AND Behavioral Reintegration Plans.

41. Procedural Safeguards Booklet • LEA obligated to give copy to parents 1 time per year and upon : • Initial referral or parental request for evaluation • First occurrence of filing of due process • State complaint • Parent request • Disciplinary change of placement

42. Procedural Safeguards • Complaints • Mediation • Due Process

43. Discipline and Discipline Procedures

44. At Risk Students • Positive Behavior Supports • Support Teams • Behavioral Goals • Functional Behavior Assessment • Behavior Intervention Plan

45. School Wide Positive Behavior Intervention Supports (SW-PBIS) • A research-based approach to creating, teaching and reinforcing students' social, emotional and academic learning skills. • SW-PBIS focuses on prevention not punishment. • Clear and simple rules that apply in all school settings. • Continuum of supportive interventions helps all students succeed academically and behaviorally. • Contact school psychologist for more information.

46. Tertiary Prevention: Specialized Individualized Systems for Students with Intensive Needs CONTINUUM OF SCHOOL-WIDE SUPPORT ~5% Secondary Prevention: Specialized Group Systems for Students with At-Risk Behavior ~15% Primary Prevention: School-/Classroom- Wide Systems for All Students, Staff, & Settings ~80% of Students

47. Functional Behavior Assessment, FBA • Completed for any student whose behavior impedes learning or learning of others. • Parental permission is required to conduct an FBA/BIP. (Consent form is included in handouts.) • Identify behaviors • Collection of data • Gathering of information • Assess function of behavior • Determine interventions • Implement Interventions • Evaluate effectiveness

48. FBA, cont’d • Determine need for Intensive Plan (BIP) • Review FBA • Revise FBA if new behaviors are exhibited.

49. Behavior Intervention Plan BIP • Intensive interventions and strategies • Teaching Plan • Individualized • Crisis Plan (Crisis plan may also be a separate document.)

50. Discipline • ISS • OSS • Twilight School • Bus Suspensions • 45 day removals • Students can not be suspended out of school (OSS) for than 10 days in a school year by the LEA.