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Alabama State Department of Education
1
Alabama State Department of Education
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In memory of
Mr. Detroit Lee
1917
2001_
Montgomery Advertiser
Alabama State Department of Education
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Mandate of the Lee v. Macon Consent Decree
• Provide ongoing awareness and professional development for administrators, evaluators, and educators
• Provide ongoing monitoring of all initiatives
Alabama State Department of Education
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A Message From the Governor
“ I have made children the focus of my administration. My wife, Lori, and I know that education is the key to our children’s success and the success of all of Alabama’s children. I commend your efforts to ensure that every Alabama child has the opportunity to achieve his or her full potential.”
Don Siegelman
PICTURE
Alabama State Department of Education
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“Public education is a distinguishing characteristic of the United States of America. An excellent public education system is absolutely essential if Alabama’s citizens are to enjoy a brighter future. Education for students with disabilities in Alabama has improved dramatically since the Lee v. Macon litigation was filed in 1963. I support the initiatives of the Decree. I am confident we will meet its requirements and continue our strides to provide quality education for all students. You are to be commended for your commitment to this effort.”
Ed Richardson
A MessageFrom the State
Superintendent of Education
PICTURE
Alabama State Department of Education
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Implementation of the Lee v. Macon Consent Decree
• Redefined eligibility criteria:– Specific Learning Disabilities (SLD)– Mental Retardation (MR)– Emotional Disturbance (ED)– Gifted
Alabama State Department of Education
7
Alabama Desegregation Timeline1954
Brown v. Board of
Education
1956
Alabama law allowed schools
to close if threatened w
ith
integration
1963Original Lee v. Macon suit filed in
Macon County to desegregate schools
1967Alabama public schools
remained overwhelmingly segregated
1964Federal Civil Rights Act
1964School districts throughout the
state joined original Lee v. Macon suit
1970
District c
ourt ord
ers approved
desegregation plans th
roughout
Alabama
1977
Alabama district courts ordered
schools to move toward unitary
status
1997The courts ordered all parties to move toward
unitary status
2000Lee v. Macon Consent Decree
signed in the area of special education
Alabama State Department of Education
8
Alabama Desegregation Timeline
• 1954 Brown v. Board of Education
• 1956Alabama law allowed schools to close if threatened with integration
Southeastern Equity Center
Alabama State Department of Education
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Alabama Desegregation Timeline(continued)
• 1963Lee v. Macon, plaintiffs filed (August) original suit to desegregate schools in Macon County
• 1964Lee v. Macon, joined school districts throughout
the state to the original caseSoutheastern Equity Center
Alabama State Department of Education
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Alabama Desegregation Timeline(continued)
• 1964 Federal Civil Rights Act
• 1967 Lee v. Macon, Alabama public schools
remain overwhelmingly segregated
Southeastern Equity Center
Alabama State Department of Education
11
Alabama Desegregation Timeline(continued)
• 1970District court orders approved desegregation
plans throughout Alabama
• 1977Alabama district courts ordered schools to move
toward unitary statusSoutheastern Equity Center
Alabama State Department of Education
12
Alabama Desegregation Timeline(continued)
• 1997The courts ordered all parties to move toward
unitary status
Southeastern Equity Center
Alabama State Department of Education
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Unitary Status
• Means school systems no longer discriminate on the basis of race
• Is an indicator that a concerted effort has been made to eradicate the vestiges of dual school systems
• Is a reflection; a change in attitudes, beliefs, actions, values, and outcomes
Alabama State Department of Education
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A Unitary School District Must Satisfy a Three-Pronged Analysis
• Has the district complied with the court’s desegregation orders for a reasonable period of time?
• Has the district eliminated the vestiges of dejure segregation?
• Has the district demonstrated a good-faith effort to the whole of the court’s desegregation orders?
Alabama State Department of Education
15
Alabama Desegregation Timeline(continued)
• 2000Lee v. Macon Consent (August 25) Decree signed in the area of special education
Alabama State Department of Education
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Green v. New Kent County (1968)The “Green” Factors
• Student Assignment
• Faculty and Staff Assignment
• Transportation
• Extracurricular Activities
• Facilities
Alabama State Department of Education
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Unresolved Issues
• Overrepresentation of: – Minority students identified as mentally retarded– Minority students identified as emotionally
disturbed
• Underrepresentation of: – Minority students identified as having specific
learning disabilities– Minority students identified as gifted
Alabama State Department of Education
18
Who is Most Affected by Overrepresentation?
• African-American males are:– Less likely to receive early intervention
– Less likely to receive counseling and psychological supports
– More likely to be placed in restrictive environments
The Civil Rights Project, Harvard University
Alabama State Department of Education
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Who is Most Affected by Overrepresentation?
(continued)
• African-American males are:– Twice as likely to be identified as mentally
retarded living anywhere in the United States
– Three times more likely in Alabama to be identified as mentally retarded
The Civil Rights Project, Harvard University
Alabama State Department of Education
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Office for Civil Rights andOffice of Special Education
Programs Concerns• Students may be:
– Unserved or receive services that do not meet their needs
– Misclassified or inappropriately labeled
• Placement in special education classes may be a form of discrimination
Alabama State Department of Education
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“Whatever affects one directly, affects all indirectly. Never again can we afford to live with the narrow, provincial ‘outside agitator’ idea. Anyone who lives inside the United States can never be considered an outsider anywhere within its bounds.”
Dr. Martin L. King, Jr.
Alabama State Department of Education
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SPECIALSPECIALEDUCATIONEDUCATION
Alabama State Department of Education
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At the turn of the last century:
– Children with mild disabilities were instructed in the general education classroom
– Children with severe disabilities did not attend school at all
How and Why Special Education
Evolved Nationally
(Friend and Bursuck, 1999)
Alabama State Department of Education
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How and Why Special Education Evolved Nationally (continued)
• In the ’40s and ’50s:
– Nonacademic classrooms were put in place to serve
children with disabilities
Alabama State Department of Education
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• By the mid-’50s and early ’60s:
– Studies began to show that theneeds of students with disabilities were not being met
How and Why Special Education Evolved Nationally (continued)
Alabama State Department of Education
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• In the ’50s and ’60s:
– The Civil Rights Movement
– Brown v. Board of Education (1954)
How and Why Special Education Evolved Nationally (continued)
Alabama State Department of Education
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• Section 504 of the Rehabilitation Act of 1973:
–Provided for equal opportunity concerning participation in the full range of school activities for disabled students
How and Why Special Education Evolved Nationally (continued)
Alabama State Department of Education
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• In 1975, P. L. 94-142, the Education for All Handicapped Children Act, provided:
– Free and Appropriate Public Education (FAPE)
– Least Restrictive Environment (LRE)
– Individualized Education Program (IEP)
How and Why Special Education Evolved Nationally (continued)
Alabama State Department of Education
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• In 1975, P. L. 94-142, the Education for All Handicapped Children Act, provided (continued):
– Nondiscriminatory Evaluation
– Due Process
– Child Find
How and Why Special Education Evolved Nationally (continued)
Alabama State Department of Education
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• In 1990, P. L. 101-476 changed the name to Individuals with Disabilities Education Act (IDEA):
– Other provisions:– Autism and traumatic brain injury added– Transition emphasized– Preschool children’s services increased – Grants provided
How and Why Special Education Evolved Nationally (continued)
Alabama State Department of Education
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• In 1997, P. L. 105-17 reauthorized P. L. 101-476:
– New provisions: – General education teacher on IEP Team– Participation in statewide assessments– Transition– Student behavior– Paraprofessionals trained and supervised– Mediation
How and Why Special Education Evolved Nationally (continued)
Alabama State Department of Education
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Influences on Special Education Practices
Civil Rights Laws
Research Court Cases
Education Laws
Parent & Professional
Advocacy Groups
Classroom
Friend and Bursuck, 1999
Alabama State Department of Education
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Special Education = Service(s)It is NOT a Place
• Based on assessments, individualized, and provided in the least restrictive environment
• Special education should only be considered after appropriate interventions and strategies have been implemented in the general education classroom
Alabama State Department of Education
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Purpose and Significance of Appropriate Placement in
Special Education
The purpose of special education is to ensure that children with disabilities receive appropriate services and instruction.
Alabama State Department of Education
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• There is a greater likelihood of:
– Attaining skills and knowledge
– Meeting those challenging expectations
– Being prepared for adult life
Purpose and Significance of Appropriate Placement in
Special Education (continued)
(Friend and Bursuck, 1999)
Alabama State Department of Education
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Significance of Inappropriate Placement of Students in Special
Education
If students are mislabeled, they will
not receive the appropriate
supports and services to be
successful.
Alabama State Department of Education
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Significance of Inappropriate Placement of Students in Special
Education (continued)
• When this occurs, they are:
– Less likely to graduate
– More likely to be suspended/expelled
– More likely to drop out and/or enter
into a correctional facility
Osher, Woodruff, SimsGlennonLosen
Alabama State Department of Education
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The Problem
• Overrepresentation of minority students in:– Mental retardation programs
– Emotional disturbance programs
• Underrepresentation of minority students in:– Specific learning disabilities programs
– Gifted programs
Alabama State Department of Education
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Reasons for Overrepresentation/ Underrepresentation
in Special Education Programs
• Unlevel Playing Field– Resources– Teacher Effectiveness– Prereferral/Referral – Assessment Procedures– Involvement of Family
Alabama State Department of Education
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Students in Poor School Districts Lack Reading Resources
Percent of Students Who Are Poor
16%
25% 28%33% 33%
59%
10%
60%
0% 1-4% 5-9% 10-19% 20-29% 30% +
Pe
rce
nt
of
Te
ach
ers
La
ckin
g R
es
ou
rce
s
Source: Educational Testing Service. Teacher Questionnaire from the 1988 NAEP Reading Assessment, Grade 4, unpublished. 1999 by The Education Trust, Inc.
Alabama State Department of Education
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Students in Poor School Districts Lack Math Resources
15%
48%44%
10%
50%
Advantaged Urban Disadvantaged Urban Extreme Rural
Pe
rce
nt
of
Te
ach
ers
La
ckin
g M
ath
Re
sou
rce
s
Source: Mullis, Ina V.S. et al. The State of Mathematics Achievement. NAEP’s 1990 Assessment of the Nation and the Trial Assessment of the States. Educational Testing Service, June 1991. Data are for 4th grade.1999 by The Education Trust, Inc.
Alabama State Department of Education
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28
1419 16 18
31
20
40
10%
50%
Math Science English Social Studies<20% Free Lunch >49% Free Lunch
Classes in High-Poverty High Schools More Often Taught by
Underqualified* Teachers
* Teachers who lack a minor in the field.Source: National Commission on Teaching and America’s Future, What Matters Most: Teaching for America’s Future (p.16) 1996.
1999 by The Education Trust, Inc.
Alabama State Department of Education
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Math and Science Classes with a High Percentage of Minority
Students are More Often Taught by Underqualified Teachers
54%
86%
42%
69%
30%
90%
90-100% Non-White 90-100% WhiteCertified in Field B.A. or B.S. in Field
Source: Jeannie Oakes. Multiplying Inequalities: The Effects of Race, Social Class, and Tracking on Opportunities to Learn Mathematics and Science (Rand: 1990)1999 by The Education Trust, Inc.
Alabama State Department of Education
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Reasons for Overrepresentation/Underrepresentation
in Special Education Programs (continued)
• Limited training in: – The prereferral/referral processes– Assessment procedures
Alabama State Department of Education
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Limited Involvement of
Culturally/Linguistically Diverse
Families
Reasons for Overrepresentation/Underrepresentation
in Special Education Programs (continued)
Alabama State Department of Education
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M3 Equals
• Misidentification
• Misassessment
• Misplacement
Alabama State Department of Education
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19th Annual Report to Congress
(1997)
Identified problems associated with inappropriate classification and placement:
– Denied access
– Separate programs
– Stigma
Alabama State Department of Education
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Alabama State Department of Education Position Statement
It is clear that disability classification and placement can have a significant impact in either a positive or negative direction. It is imperative that good decisions be made for
each student. This single decision to place a child in special education can
impact a child for a lifetime.
Alabama State Department of Education
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Alabama State Department of Education
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IRRESPONSIBLE
IRRESPONSIBLE Disability Disability CharacteristicsCharacteristics
SLOWSLOWLEARNER
LEARNER
AGGRESSIVE
AGGRESSIVE
HYPERACTIVE
HYPERACTIVE
UNMOTIVATED
UNMOTIVATED
IMPULSIVE
IMPULSIVE DEFIANT
DEFIANT
WITHDRAWN
WITHDRAWN
Alabama State Department of Education
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Characteristics ofMental Retardation
• Difficulty in:– Focusing attention – Remembering information– Regulating one’s own behavior– Mastering academic tasks – Making friends
Harris, Alabama State University
Alabama State Department of Education
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Characteristics of Mental Retardation (continued)
• Difficulty in:– Performing life skills
• Appears unmotivated
• Below average intelligence
Harris, Alabama State University
Alabama State Department of Education
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Characteristics of Specific Learning Disabilities
• Difficulty in:
– Using language and symbols
– Perceiving
– Managing emotions and behavior
Grill, Athens State University
Alabama State Department of Education
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Characteristics of Specific Learning Disabilities
(continued)
• Difficulty in:– Talking: limited vocabulary; difficulty
in formulating coherent, grammatical sentences
– Math: computation and reasoning/ problem solving
Grill, Athens State University
Alabama State Department of Education
55
Characteristics of Specific Learning Disabilities
(continued)
• Difficulty in using language and symbols: – Reading: basic skills & comprehension– Writing: penmanship and expressing
ideas clearly– Listening: hearing, but not
understandingGrill, Athens State University
Alabama State Department of Education
56
Characteristics of Specific Learning Disabilities
(continued)• Difficulty in perceiving:
– Differences in voice tones– Differences in facial expressions
– Body language– Passage of time– Verbal humor– Personal space
Grill, Athens State University
Alabama State Department of Education
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Characteristics of Specific Learning Disabilities
(continued)• Difficulty in managing emotions and
behavior:– Controlling anger – Making hasty decisions – Interrupting (impulsive)– Responding to rapid transitions (rigid)– Organizing tasks
– Managing time and resourcesGrill, Athens State University
Alabama State Department of Education
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Characteristics of Specific Learning Disabilities
(continued)
• Students often may:– Appear frustrated, shy, or act out in reading
activities (because of reading problems)
– Panic, resist, or act out in writing activities (because of writing problems)
– Resist, refuse, act out at math time (because of math problems)
Grill, Athens State University
Alabama State Department of Education
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Characteristics of Specific Learning Disabilities
Summary
• All students have some academic problems
• The most common academic problem is reading
• No oneNo one with SLD will evidence all typesall types of problems.
Grill, Athens State University
Alabama State Department of Education
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Characteristics of Specific Learning Disabilities
Summary (continued)
• AllAll students will evidence somesome types of problems
• Persons with SLD exhibit these problems:– To a greater extent than do “normal”
individuals
– With greater adverse educational effects
Grill, Athens State University
Alabama State Department of Education
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• Learning problems may include:– Poor academic survival skills – Academic achievement below grade
placement– School demands attribute to at-risk
behaviors
Characteristics of Emotional Disturbance
Pearson,Troy State UniversityNICHCY
Alabama State Department of Education
62
• Aggressive/non-compliant behavior:– Openly defies authority– Verbally attacks or engages in inappropriate
verbal exchange– Physically threatens peers and authority
figures– Easily loses temper– May have excessive absences or repeated
suspensions
Characteristics of Emotional Disturbance (continued)
Pearson,Troy State UniversityNICHCY
Alabama State Department of Education
63
• Withdrawn:– Lacks social skills to make friends– Uses retreat behavior– Exhibits thought disorders– Exhibits pervasive mood of
unhappiness and/or depression
Characteristics of Emotional Disturbance (continued)
Pearson,Troy State UniversityNICHCYMorgan and Jenson
Alabama State Department of Education
64
Characteristics of Emotional Disturbance (continued)
• Hyperactive:– Feet/hands often moving– Out of seat often without permission– Runs or climbs when walking or reaching would be better– Trouble maintaining self in quiet activities– Appears tense, anxious, and nervous
Pearson,Troy State UniversityNICHCY
Alabama State Department of Education
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• Immature:– Preoccupation with things not presently
required– Short attention span for chronological age– Difficulty starting and completing tasks– Prefers to socialize with younger-age peers– Difficulty following multi-step directions– Engages in behavior of younger children
Characteristics of Emotional Disturbance (continued)
Pearson,Troy State UniversityNICHCY
Alabama State Department of Education
66
• Learning Problems
• Aggressive/non-compliant behavior
• Withdrawn
• Hyperactive
• Immature
Characteristics of Emotional Disturbance Summary
Hallahan and Kauffman
Alabama State Department of Education
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Alabama State Department of Education
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Why Consider Student Characteristics?
“...It is your responsibility (as educators) to learn fundamental characteristics students might have because of their backgrounds… If you understand this…, you can make a special effort to initiate interactions with those students.”
(Friend and Bursuck, 1999)
Alabama State Department of Education
69
Don’t Stereotype
• Stereotype:– …a mental category based on
exaggerated and inaccurate generalizations used to describe all members of a group. Stereotypes are erroneous beliefs, either favorable or unfavorable, that are applied universally and without exception.
Bennett
Alabama State Department of Education
70
Sociotype
• An accurate generalization about social groups. In a sociotype, the relationship between the specific group and the attribute is found extensively, though not universally; it exists frequently, but not without exception.
Bennett
Alabama State Department of Education
71
Student Characteristics
• Motivation:– Cooperative environments
– Family
– Relationship with authority figures
– Trust
GrossmanFriend and Bursuck
Alabama State Department of Education
72
Student Characteristics (continued)
• Spontaneous/Intuitive• Reflective/Analytical• Dependent Learners• Global Perception• Pace• Stimulation• Response Style
Grossman
Alabama State Department of Education
73
Student Characteristics (continued)
• Impact on Test Results:– How is the student tested?– Who is testing the student?– What is really being tested?
Alabama State Department of Education
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Disability Disability CharacteristicsCharacteristics
IRRESPONSIBLE
IRRESPONSIBLE
SLOWSLOWLEARNER
LEARNER
AGGRESSIVE
AGGRESSIVE
HYPERACTIVE
HYPERACTIVE
UNMOTIVATED
UNMOTIVATED
IMPULSIVE
IMPULSIVE DEFIANT
DEFIANT
WITHDRAWN
WITHDRAWN
Alabama State Department of Education
75
StudentStudentCharacteristicsCharacteristics
IRRESPONSIBLE
IRRESPONSIBLE
SLOWSLOWLEARNER
LEARNER
AGGRESSIVE
AGGRESSIVE
HYPERACTIVE
HYPERACTIVE
UNMOTIVATED
UNMOTIVATED
IMPULSIVE
IMPULSIVEDEFIANT
DEFIANT
WITHDRAWN
WITHDRAWN
So What Does All This Mean?
Alabama State Department of Education
76
What Is The Connection Between Disability
Characteristics And Student Characteristics?
Alabama State Department of Education
77
Referral
“Research results support the conclusion that the most important decision made in the entire assessment process is the one made by the general education teacher to refer a student for assessment.”
Grossman, 1995
Alabama State Department of Education
78
“Students without disabilities who are not referred for assessment cannot be misplaced in programs for students with disabilities; gifted and talented students who are not referred for assessment cannot be placed in programs they deserve. Therefore, it is extremely important to reduce inappropriate and biased referrals.
Referral
Grossman, 1995
Alabama State Department of Education
79
“This can be accomplished, in part, by increasing regular educators’ knowledge of contextual, cultural, gender, and socioeconomic factors that influence the way students behave and function in school and by making sure that appropriate prereferral procedures are followed before students who are thought to have disabilities are… (referred for assessment).”
Referral (continued)
Grossman, 1995
Alabama State Department of Education
80
What Can Be Done To Reduce Overrepresentation/Underrepresentation
• General education classroom
• Family involvement
• Referrals
• Evaluations
• Services
• Monitor
Alabama State Department of Education
81
Impact of Implementation of the Lee v. Macon Consent Decree
• Implement more effective prereferral
interventions
• Ensure appropriate referrals and placements
• Empower teachers
• Improve classroom management
• Reduce disciplinary office referrals
• Improve school environment
Alabama State Department of Education
82
Alabama State Alabama State
Department of EducationDepartment of Education
MISSION STATEMENTMISSION STATEMENT
To provide a state system of educationTo provide a state system of education
which is committed to academic excellencewhich is committed to academic excellence
and which provides education to theand which provides education to the
highest quality to all Alabama students,highest quality to all Alabama students,
preparing them for the 21st century.preparing them for the 21st century.
Alabama State Department of Education
83
Special Education ServicesSpecial Education Services
POLICY STATEMENTPOLICY STATEMENTDisability is a natural part of the human experienceDisability is a natural part of the human experience
and in no way diminishes the right of individuals toand in no way diminishes the right of individuals to
participate in or contribute to society. Improvingparticipate in or contribute to society. Improving
educational results for children with disabilities iseducational results for children with disabilities is
an essential element of our national policy of an essential element of our national policy of
ensuring equality of opportunity, full participation,ensuring equality of opportunity, full participation,
independent living, and economic self-sufficiency independent living, and economic self-sufficiency
for individuals with disabilities.for individuals with disabilities.
Alabama State Department of Education
84
I fully support the Lee v. Macon
Consent Decree initiatives. Education
is not just about what one knows, but
also about who and what one is.Mabrey Whetstone
Alabama State Department of Education
85
POST ASSESSMENT
1. FALSE
2. TRUE
3. FALSE
4. FALSE
5. FALSE
6. TRUE
7. TRUE
8. TRUE
9. TRUE