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EC Laws, Accommodations vs Modifications and Useful
Strategies to Use in the ClassroomBT Meeting March 20, 2014
Jen LaClair & Jenny White
Federal and state laws and regulations require schools to provide accommodations and modifications to make sure that students with disabilities have access to an appropriate education program.
What Does the Law Say?
• The Individuals with Disabilities Education Improvement Act (IDEIA 2004) requires that students with disabilities have the opportunity to be involved and make progress in the general curriculum.
• Section 504 of the Rehabilitation Act of 1973 requires that accommodations be provided to students with disabilities, even if they don’t have an IEP.
• The Americans with Disabilities Act of 1990 prohibits discrimination against any people with disabilities.
Each public agency shall ensure –
(i) That to the maximum extent
appropriate, children with disabilities, …
are educated with children who are
nondisabled;
and
Federal Least Restrictive Environment (LRE) Requirements34 C.F.R. Section 300.114
(ii) That special classes, separate schooling or other removal of children with disabilities from the general educational environment occurs only if the nature or severity of the disability is such that education in general classes with the use of supplementary aids and services cannot be achieved satisfactorily.
Federal LRE Requirements
(e) A child with a disability is not
removed from education in age-appropriate
general classrooms solely because of
needed modifications in the general
curriculum.(Authority: 20 U.S.C. 1412 (a)(5))
Federal LRE Requirements34 C.F.R. 300.116
“...a continuum of alternative placements is available to meet the needs of children with disabilities... including instruction in general classes, special classes, special schools, home instruction, and instruction in hospitals.” (Federal Register, 1977).
Continuum of LRE Options
A local educational agency (LEA) must provide each child with a disability a free appropriate public education (FAPE). An LEA meets its obligation to provide FAPE to a child in part by providing special education, related services, and supplementary aids and services and program modifications or supports for school personnel in conformity with an IEP. The services provided must be stated in the IEP so that the level of the agency's commitment of resources will be clear to parents and other IEP team members. An LEA must ensure that a student is provided with all services required in the child's IEP.
Responsibility
Diana Browning Wright, Teaching and Learning
Trainings, 2005
I.D.E.A. 1997 Reauthorization specifies (300.342(b)(3)) that the public agency shall ensure... each teacher and provider is informed of his or her specific responsibilities related to implementing the child’s IEP and the specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP.
Legal Justification
Accommodate, Modify, and Support
Regular classroom teachers employed by a school district will have very limited liability exposure in special education so long as the duties assigned to them regarding implementation of the IEP are executed in a legal and appropriate manner.
Failure to implement the IEP as specified could result in disciplinary action, criminal charges, and civil lawsuits that could result in personal liability exposure.
Repercussions of Denial/Refusal
Accommodations, modifications, behavior intervention plans, and supplementary aids and services are examples of IEP items that are typically the responsibility of the regular classroom teacher.
IF a parent believes these items have not been implemented, they may file a complaint with the state department of education alleging noncompliance with the IEP.
Repercussion of Denial/Refusal
The state department will launch an inquiry and possible investigation. Typically, if the school district is found to be in noncompliance, a corrective action plan will be developed and the matter is resolved.
If, however, the parent elects to pursue a due process hearing, one will be held to determine if the district did, in fact, fail to implement the agreed-upon IEP and denied the special education student the entitlement to a "free, appropriate public education" (FAPE).
Repercussion of Denial/Refusal
If the hearing officer decides that the school district denied the student FAPE, the district will be required to implement the IEP as written, pay attorney's fees and other costs the parent may have incurred and may be required to pay the cost of compensatory services.
http://www.ci.maryville.tn.us/mhs//MCSSped/teachtools.htm
Costly Repercussions
A legally binding document that states what services a student will receive and why
Includes the student’s placement, services, academic and behavioral goals, a behavior plan (if needed), and progress reports from teachers and therapists
Planned at an IEP meeting The IEP team looks at the student’s needs
and decides what kind of accommodations and modifications are needed
What is an Individualized Education Program (IEP)?
More >><< Less
regular classes
…includes instruction in:
hospitals or institutions
child’s home
special schools
special classes
Continuum of Alternative Placements
Restrictive
What are accommodations and modifications?
Are they the same thing? When do you use them? Who determines when and what to use?
Accommodations and Modifications
The actual teaching supports and services that the student may require to successfully demonstrate learning
Accommodations should not change expectations to the curriculum grade levels.
An accommodation is a change that helps a student overcome or work around the disability and DO NOT reduce learning expectations
Accommodations
Changes in how a student accesses information and demonstrates learning
Do not substantially change the instructional level, content, or standard
Changes made in order to provide a student with equal access to learning and equal opportunity to show what he or she knows and can do.
Accommodations
Students with a disability who have an IEP or 504 plan
Students without a disability who have barriers to learning
Students who receive ELL services
Students who are at risk of failure
Accommodations are for…
Changes made to curriculum expectations in order to meet the needs of the student
Modifications are changes in what the student is expected to learn
and demonstrate in the content area.
Modifications
Making an assignment easier so the student is not doing the same level of work as other students is an example of a modification.
Modifications can be:
Change the content and performance expectations for what a student should learn. For example, a student may work at a different level ( for example, at a 4th grade level instead of a 6th grade level in reading) or study fewer concepts or skills.
Modifications
Made when the expectations are beyond the student’s level of ability
Alter the standard or what the test or assignment is supposed to measure
May be minimal or very complex depending on the student’s performance
Must be clearly acknowledged in the IEP
Modifications
Accommodations(can apply to all students)
Modifications(apply to students with disabilities)
Do not fundamentally change
standards in terms of instructional
level, content, or performance
criteria
Do fundamentally change
standards in terms of instructional level, content, or performance criteria
Changes are made in order to
provide equal access to
learning and equal opportunity
to demonstrate what is known
Changes are made to provide student meaningful & productive learning experiences based on individual needs & abilities
Grading is same. Grading is different.
Accommodations focus on removing barriers and providing access to the general curriculum.
Accommodations are designed for students who have barriers that can be removed to help them demonstrate what they know.
Modifications focus on insuring meaningful participation in the general curriculum.
Modifications are designed for students who would benefit from participation in the general curriculum even though it is above their ability level.
More differences….
Accommodations
◦ A multiple choice test on identical facts is provided while other students "fill in the blank”
◦ Student receives 10 math problems instead of 20
◦ Homework limited to a certain number of minutes/hours instead amount of work to be completed.
◦ Limit information presented on
page, large print, and more space between lines.
◦ Highlight important text.
◦ Students respond verbally instead of written format
◦ multiple -choice response instead of fill -in -the -blank or short answer/essay, word banks provided for fill in the blank questions
Modifications
Omitting story problems, using specialized/alternative curricula written at lower level, simplified vocabulary and concepts, alternative reading books at independent reading level
Tests are written at lower level of understanding, preview tests provided as study guide, picture supports are provided, use of calculator
Grading based on pass/fail, grading based on work completion
Allow outlining, instead of writing for an essay or major project
Here are some examples
Knowledge of addition is demonstrated by manipulating blocks instead of through writing
Extra textbooks are provided for home when a child has great organizational difficulties
A scribe is provided to take notes for a child A multiple choice test on individual facts is
provided while other students fill in the blank
Accommodations (Leveling the playing field)
http://www.learningdisabledkids.com/IEP_training/IEP_accommodations_modifications_sec_contents.htm
A child works on addition while classmates work on multiplication
A child learns letters and letter sounds while classmates read chapter books
A child uses blocks to build structures while other students do science experiments
A child is given a test on continents while classmates are tested on countries in Europe
Modifications (everyone plays)
http://www.learningdisabledkids.com/IEP_training/IEP_accommodations_modifications_sec_contents.htm
An Accommodation is the “HOW” of the curriculum.
*How are we going to get the information to the child and how are we going to test the student’s knowledge?
A Modification is the “WHAT” of the curriculum.
*What part of the general curriculum does the student need to know to reach his or her fullest potential?
Both the general education teacher and special education teacherare responsible for making accommodations and modifications. It is a collaborative effort.
Students who would have been traditionally pulled out to a separate program
Students who may have a low incidence disability
Students for whom accommodations have been implemented to the fullest extent and still have difficulty succeeding
Modifications are for…
The IEP or 504 team determines how a student will participate, not whether a student will participate.
Remember!
1. Who determines modifications? The IEP team, including the Local Education Agency (LEA
representative, Special Educator, General Educator, parent/legal guardian, the student)
2. Who gets accommodations and modifications? Accommodations can be made for any student. Students with an IEP or
504 plan get accommodations that are required. Students with an IEP can receive modifications if needed. STUDENT NEEDS DETERMINE BOTH
3. Do I have to accommodate? If a student has an IEP or a 504 plan, you must provide the
accommodations and modifications that are part of the plan. If a student does not have an IEP or 504 plan, you are not required to accommodate, but it is considered best practice.
4. What do I say when students say, “It’s not fair?” Fair means that everyone gets what they need to succeed. Fair does
not mean “same” or “equal.”
Frequently Asked Questions
Scheduling/Timing Setting Materials Instruction Student Response Presentation
Accommodations and modifications are most often made in the following areas:
Give extra time to complete assignments or tests
Break up testing over several days (MTS) Give multiple or frequent breaks Change testing schedule or order of
subtests Vary activities every 10-30 minutes Alert students several minutes before a
transition time, then give reminders
Scheduling/Timing
Change the location of instruction or testing Seat student in front, next to teacher, or
study carrel Reduce fluorescent lighting and increase
natural lighting Seat student away from windows or other
students Instruct or test in small group or individual
setting
Setting
Audio tape lectures or books Provide copies of teacher’s lecture notes Supply large print books, Braille, or books
on CD (digital text) Offer manipulatives Use visual cues – charts, pictures, graphs Utilize graphic organizers to demonstrate
how concepts and ideas are related
Materials
Reduce the difficulty of assignments Reduce the reading level Use a student/peer tutor Simplify multi-step directions Provide a partially completed outline during
lectures Preteach vocabulary
Instruction
Allow answers to be given orally or dictated Use a word processor for written work Use sign language, a communication
device, Braille, or native language if it is not English
Replace summative assessment with oral reports and projects
Give credit for participation Use recognition tests instead of essay tests
example: T/F, multiple choice, matching
Student response
Increase “white space” on page Use symbols on the test or answer form that
help the student follow directions, such as an arrow or stop sign
Give extra examples for practice to make sure the student knows what to do.
Require fewer questions, but select ones that measure all required content.
Eliminate one of the choices in multiple-choice items.
Presentation
Nine Types of Curriculum Adaptations
Quantity * Adapt the number of items that the learner is expected to learn or number of activities student will complete prior to assessment for mastery. For example: Reduce the number of social studies terms a learner must learn at any one time. Add more practice activities or worksheets.
Time * Adapt the time allotted and allowed for learning, task completion, or testing. For example: Individualize a timeline for completing a task; pace learning differently (increase or decrease) for some learners.
Level of Support * Increase the amount of personal assistance to keep the student on task or to reinforce or prompt use of specific skills. Enhance adult-student relationship; use physical space and environmental structure. For example: Assign peer buddies, teaching assistants, peer tutors, or cross-age tutors. Specify how to interact with the student or how to structure the environment.
Input * Adapt the way instruction is delivered to the learner. For example: Use different visual aids, enlarge text, plan more concrete examples, provide hands-on activities, place students in cooperative groups, pre-teach key concepts or terms before the lesson.
Difficulty * Adapt the skill level, problem type, or the rules on how the learner may approach the work. For example: Allow the use of a calculator to figure math problems; simplify task directions; change rules to accommodate learner needs.
Output * Adapt how the student can respond to instruction. For example: Instead of answering questions in writing, allow a verbal response, use a communication book for some students, allow students to show knowledge with hands on materials.
Participation * Adapt the extent to which a learner is actively involved in the task. For example: In geography, have a student hold the globe, while others point out locations. Ask the student to lead a group. Have the student turn the pages while sitting on your lap (kindergarten).
Alternate Goals Adapt the goals or outcome expectations while using the same materials. When routinely utilized, this is only for students with moderate to severe disabilities. For example: In a social studies lesson, expect a student to be able to locate the colors of the states on a map, while other students learn to locate each state and name the capital.
Substitute Curriculum Sometimes called “functional curriculum”
Provide different instruction and materials to meet a learner’s individual goals. When routinely utilized, this is only for students with moderate to severe disabilities. For example: During a language lesson a student is learning toileting skills with an aide.
* This adaptation is an accommodation if the student can demonstrate mastery of the standard on an assessment. The key concept is: Will the student ultimately master the same material but demonstrate that mastery in alternate ways or with alternate supports? If standards are not fundamentally or substantially altered , then this adaptation is an accommodation to a learning or performance difference. This adaptation is a modification if the student will not demonstrate mastery of the standard on an assessment. If routinely utilized, these adaptations are modifications and require individualized goals and assessment.
Jack is an 9th grade student who has learning disabilities in reading and writing. He is in a general education 9th grade class that is team-taught by a general education teacher and a special education teacher. Modifications and accommodations provided for Jack’s daily school routine (and when he takes state or district-wide tests) include the following:
Jack will have shorter reading and writing assignments.
Jack’s textbooks will be based on the 9th grade curriculum, but at his independent reading level (5th grade).
Jack will have test questions read a loud to him. Jack will respond orally, rather than in writing, to
essay questions.
Accommodation or Modification?
Sarah has a learning disability in mathematics. Her teacher has required her to complete the first 10 fast fact problems,(but she does not have to reduce to simplest form). The rest of the class must complete the entire page of addition fractions and reduce to the simplest form, including challenging questions numbers 1-30.
Accommodation or Modification?
Focus on lesson objective: Will student benefit by completing questions 1-10?
The modification is cutting down the learning expectation for the student. To accommodate for this student, assign the odd problems, providing a sample of each type of problem.
Since the objective is quality and not quantity, help the student master objectives of the lesson without feeling frustrated.
What would need to change for example to become an accommodation??
How might accommodations look different from tier to tier?
Accommodation
ElementaryStudents are taught
strategies to compensate for their disability.
Middle SchoolStudents create their own
coping skills.Students desire to become
more independent.
High SchoolStudents help determine
what accommodations are necessary for them to
succeed in school and in life.
Example:
Accommodation
Read test/text
Middle SchoolTest/text is read to whole class, peer assistance,
audio books, screen readers, pull-out
High SchoolStudent advocates for
read-aloud accommodation, audio books, screen readers
Allowable Accommodations◦ For any student who needs it
Special Accommodations◦ Must be in the IEP◦ Must have been used during the year
Other assessments◦ Local benchmarks◦ End of course exams◦ NC Final Exams
Testing Accommodations
Diana Browning Wright, Teaching and Learning
Trainings, 2005
Summing it up:
Accommodations
Do not fundamentally alter or lower expectations or standards in instructional level, content or performance criteria.
Changes are made in order to provide equal access to learning and equal opportunity todemonstrate what is known.
Grading is same
Modifications
Do fundamentally alter or lower expectations or standards in instructional level, content or performance criteria.
Changes are made to providestudent meaningful & productive learning experiencesbased on individual needs &abilities.
Grading is different
Putting it all Together
Goal: To remove barriers to learning and demonstrate mastery.
Accommodations will keep standards substantially the same for all; outcomes may vary.
Modifications may fundamentally change the standard; instructional level or content may vary.
Expectations remain high for ALL students.
http://serc.carleton.edu/NAGTWorkshops/coursedesign/tutorial/strategies.
htmlhttp://www.readingrockets.org/strategies
http://www.christina.k12.de.us/literacylinks/elemresources/lfs_resources/activating_strategies.pdf
https://k12teacherstaffdevelopment.com/tlb/how-can-i-use-chunking-as-an-effective-memory-strategy-in-the-classroom/
Helpful Strategies to Use in the Classroom
http://www.phschool.com/eteach/social_studies/2003_05/essay.html
Helpful Strategies to Use in the Classroom
Diana Browning Wright, Teaching and Learning
Trainings, 2005
Using graphic organizers when teaching content… Organization of ideas is
self-evident to students. Reduces information processing demands needed to understand new
information.
Helpful Strategies to Use in the Classroom
making 20 percent of their class reading “stretch” texts that help them reach beyond their reading level
engaging pairs or teams of students with more challenging texts as “buddies” and giving them opportunities to reflect on those texts through discussions with each other or through “buddy” journals
modeling how to interpret the meaning of texts that use more complex approaches, like satire or rhetorical argument
engaging students with carefully selected or constructed graphic organizers that make the structure of the text visible
immersing students in more complex language exposure and usage that makes a difference in their ability to access knowledge
introducing background knowledge
57
Scaffolding for Text
Complexity
Scaffolding for students with disabilities and all struggling readers
Using tiered text is one way to scaffold. Teachers select an easy-to-read text aligned with students’ entry-level background and academic knowledge. Built on the Gradual Release of Responsibility model, which involves explicit teacher modeling, guided instruction, and independent practice—tiered texts scaffold student understanding and provide background knowledge and the multiple exposures to academic vocabulary required for comprehension.
Balancing the rigor of text complexity as proposed by the CCSS with current student reading levels may seem daunting; however, through explicit instruction in vocabulary and by building background knowledge through the use of tiered texts, teachers can make complex texts accessible to all students.
Deconstructing the State Standards for Students with Disabilities
Be aware of the student’s present level of academic achievement and functional performance (PLAAFP).
Identify the appropriate grade level standard(s) statements.
Unpack the standard. Identify what the student needs to know and be able to do in the simplest terms possible.
Example of Deconstructing a Standard
StandardQuote accurately from a text when explaining what the text says explicitly and when drawing inferences from the text. (RL.5.1)
Break the standard into its component parts:
Quote accurately Explain what happened Draw inferences
Analyze the subskills Decides on a focus. For example,
focus on explaining what happened in the text to improve the student’s comprehension
Determine Accommodations and/or Modifications for student to successfully reach standard
Determine Plan to Monitor Progress
Facts Related to Modifications
Inappropriate modifications have the potential to increase the gap between the achievement of students with disabilities and grade level expectations. This could adversely affect students throughout their educational career.
Modifications are described by altered content knowledge, conceptual difficulty, educational goals, and instructional method versus building scaffolding and bridges between existing curriculum and people involved in the educational process.
Differentiation and Universal Design for Learning (UDL) are not modifications, adaptations, or accommodations, but are supports that should be afforded to ALL students regularly.
Curriculum modification is based on ranging degrees in which our educational approach becomes distinct from or maintains the similarities to existing general curriculum.
Note:
Supports for Student Diverse LearningExamples
◦ Underlining/highlighting◦ Vertical
lines/asterisks/doodles/numbers @ margin
◦ Provide multiple media/formats
◦ “Chunking” information◦ Graphic Organizers◦ Provide multiple examples◦ Support background context
The “What” of Learning
Identify and interpret sound, light, taste, smell, and touch Identify and understand information, ideas, and concepts
Supports for Student Diverse LearningExamples
– Multi-media for student expression (video, audio, text, drawing)
– Concept mapping tools– Scaffolds and prompts – Checklists– Embedded coaches and
mentors, peer tutors– Assessment rubrics for students
The “How” of Learning
The ability to plan, execute, and monitor actions and skills
Supports for Student Diverse Learning
Examples – Choice afforded – Age appropriate activities – Culturally relevant activities – Charts/schedules/visible timers – Display of goals – Group work/collaboration – Personal journal
The “Why” of Learning
The ability to engage in actions and skills, set priorities and evaluate
Diana Browning Wright, Teaching and Learning
Trainings, 2005
1. Provide procedural prompts specific to the
strategy being taught. When and how should the strategy be used?2. Teach the cognitive strategy using small
steps.3. Provide models of appropriate responses.4. Think aloud as choices are being made5. Anticipate potential difficulties.6. Regulate the difficulty of the material. J.W. Lloyd, E.J. Kameanui, and D. Chard (Eds.) (1997) Issues in educating students with disabilities.
13 Instructional Teaching Strategies:
Diana Browning Wright, Teaching and Learning
Trainings, 2005
13 Instructional Teaching Strategies
7. Provide a cue card8. Guide student practice.9. Provide feedback and
corrections.10. Provide and teach a checklist.11. Provide independent practice12. Increase student responsibilities.13. Assess student mastery.
J.W. Lloyd, E.J. Kameanui, and D. Chard (Eds.) (1997) Issues in educating students with disabilities.
Provide opportunities for students to work in small groups and in pairs. If cooperative learning strategies are used, five conditions must be present: (a) The task must be authentic, worthwhile, and appropriate for students working in groups; (b) Small-group learning must be the goal; (c) Cooperative behavior should be taught to and used by students; (d) Group work should be structured so that students depend on one another to complete a task successfully; (e) Students should be held individually accountable (Putnam, 1998).
Tips for Structuring Lessons
Use graphic organizers to assist students with organizing information in meaningful ways. For example, Bender (2002) suggests providing students with lesson outlines as note-taking tools.
Use the instructional sequence of "I do" (teacher model), "We do" (group practice), and "You do" (individual practice). Provide supports or scaffolds to students as they are learning new material and withdraw them when they are able to perform the task on their own (Bender, 2002).
Tips for Structuring Lessons
Employ active learning strategies such as "think, pair, share" to promote recall and understanding of new learning. This strategy allows students to reflect individually on a question, pair up with a partner to share and compare answers, and finally give the best answer (Kagan, 1994). For more active learning strategies, download the Considerations Packet, Techniques for Active Learning. This packet is available from the College of William and Mary Training & Technical Assistance Center at www.wm.edu/ttac/packets/consideration.html.
Tips for Structuring Lessons
Teach learning strategies along with content material. Strategy instruction may be defined simply as instruction in how to learn and perform (Lenz, Deshler, & Kissam, 2004). "Learning strategies help students learn and perform by providing them with a specific set of steps for: (a) approaching new and difficult tasks, (b) guiding thoughts and actions, (c) completing tasks in a timely and successful manner, and (d) thinking strategically (Lenz et al., 2004, p. 261). Learning strategies may include organizing materials, memorizing information, taking notes, reading text, and taking tests.
Use ongoing informal and formal assessments to help inform instruction and monitor student progress.
Tips for Structuring Lessons