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““To Refer to Special Ed, To Refer to Special Ed, Or Not to Refer,Or Not to Refer,
That That IS IS the Question!”the Question!”
What What You need to know, You need to know,
and and here it is in a nutshell…here it is in a nutshell…
Presented by:Presented by:Susan B. BurnsSusan B. Burns
Sp. Ed. Coordinator, WSDSp. Ed. Coordinator, WSD
Understanding the Federal Education Laws:
An Overview of IDEA
(Individuals with Disabilities Educational Act)which falls under the Americans with Disabilities Act
which also includes
§504
What do you do when you hear from…What do you do when you hear from…
• Parent: “My child is having…Parent: “My child is having…
• Teacher: “A student is having…Teacher: “A student is having…
• Student: “I’m having…Student: “I’m having…
……difficulty in school?”difficulty in school?”
WSD Critical Questions to WSD Critical Questions to Ensure Student LearningEnsure Student Learning
• What do we want each student to learn?What do we want each student to learn?• How will we know when each student has How will we know when each student has
learned it?learned it?• What experiences and teaching strategies What experiences and teaching strategies
best promote understanding?best promote understanding?• How will we respond when a student How will we respond when a student
experiences difficulty in learning?experiences difficulty in learning?The FOCUS is differentiated instruction and The FOCUS is differentiated instruction and
differentiated ways for students to differentiated ways for students to demonstrate mastery. demonstrate mastery.
Other parts of the country referred to as Other parts of the country referred to as “RTI”“RTI”
So, where to start?So, where to start?
First: Best Teaching Practices• Identify exactly where the student is having
the difficulty-Is it “Can’t do?” or “Won’t do?”• Look at student history, Core Testing, ACT,
UBSCT, other standardized tests• Teachers have a variety of methods for
individualizing instruction to meet the needs of students
• Work closely with teacher(s)• Set realistic goals• Encourage parents to practice good parental
involvement• Utilize peer tutor or suggest (“If this were
my child, I’d hire a private tutor.”)
Second: Create an Intervention Plan
Here are a few ideas for Interventions:• Monitor time on task• How many breaks does the student need to take• Assignments need to be chunked into smaller
sections• Have classroom duties that allow for movement
as pieces of work are completed• Have folders and specific visual cues for turning
in homework• Set up an e-mail or note system so parent knows
homework was received• Establish a behavior chart for homework
completion. • Set up a reward system between teacher and
parent.
80% of learners can succeed without being taught
strategies…
The other 20% cannot survive without
them!!!
KEY: Monitor and track interventions for at least one
month• Collect DATA, DATA, DATA • Track and follow what works, what
doesn’t work• Work with school student support
team for ideas and interventions• If there is little or no improvement…
Refer to team for an evaluation.
Special Education ReferralSpecial Education ReferralFlow ChartFlow Chart
Please refer to HandoutPlease refer to Handout
The ProcessThe Process• The Local School Team
• Parent, teacher, counselor, administrator, with or without the student
• review the information/data
• This team will then determine what is required next:– More Conventional Interventions– §504 Referral– IDEA Referral– No Action
IDEA (Individuals with Disabilities Education Act)
• A federal statute governing all special education services in the United States and Puerto Rico
• Provides federal funding to school districts to support special education and related services
IDEA includes Child FindIDEA includes Child Find
• Child Find consistent with federal law, IDEA ensures that all children, birth to 21, are located, identified, evaluated and if eligible for Special Educational Services, receive a Free Appropriate Public Education (FAPE)
• This includes all children in all public and private agencies and institutions, regardless of the severity of their disability, and who are in need of Special Education and related services, are identified, located, and evaluated.
FAPEBoth IDEA and §504
provide a “FAPE” for children
“Free Appropriate Public Education”
LRELRE
Both provide a “LRE” for children
“Least Restrictive Environment”
ELIGIBILITY UNDER IDEA The child must meet the eligibility criteria in one of the 13
categories
1. Autism 2. Deaf/Blindness3. Developmental Delay
(DD)4. Emotional Disturbance
(ED)5. Hearing
Impairment/Deafness6. Intellectual Disability
(ID)7. Multiple Disabilities
(MD)
8. Orthopedic Impairment (OI)9. Other Health Impairment (OHI) 10. Specific Learning Disabilities
(SLD)11. Speech/Language Impairment12. Traumatic Brain Injury (TBI)13. Visual Impairment ((Including
Blindness)
ELIGIBILITY UNDER IDEA(continued)
If nothing else, remember this…
• The disabling condition must adversely affect the child’s educational performance creating an “educational need”
• The child must be in need of special education and related services and would be unsuccessful without them.
Educators must understand the differences:
• Accommodations
• An accommodation is a change made to the teaching or testing procedures in order to provide a student with access to information and to create an equal opportunity to demonstrate knowledge and skills
• Accommodations address HOW the student learns— they do NOT change WHAT they learn!
• Modifications
• A modification is a change in WHAT the student is expected to learn and/or demonstrate
• Modifications can change the mastery level for a student and must be appropriate to meet the student’s individual needs
EXAMPLES OF SIMPLE CLASSROOM ACCOMMODATIONS
• Tailoring homework assignments• Structuring the learning environment• Changing the way a test is given• Simplifying instructions about assignments• Providing a copy of peer notes• Supplementing verbal instructions with visual
instructions• Using behavioral management techniques• Modifying test delivery• Using tape recorders• Computer-aided instructions• Providing nursing services to supervise
administration of medication
EXAMPLES OF MODIFICATIONS
• The IEP Team will decide what modifications are necessary to “even the playing field” for the student with disabilities and meet the student’s needs
• Keep in mind that the findings of the team are not final– Parents have the right to appeal conclusions– The school is required by law, to inform
parents of the “due process” appeals procedure
REMEMBER
IDEA or §504both plans are
legal documents that the school must follow…
Especially the teacher in the classroom!
The “The “NOT REASONS”NOT REASONS” to to Request Request
Special Education TestingSpecial Education Testing • NOT because a student has an obvious NOT because a student has an obvious
or documented disability or documented disability • NOTNOT to determine what level the student is to determine what level the student is
functioning on: in reading, writing, and functioning on: in reading, writing, and mathmath
• NOTNOT to find out a student’s IQ to find out a student’s IQ• NOT NOT because it is something to rule out in because it is something to rule out in
the intervention processthe intervention process• NOT NOT because a student is failing because a student is failing• NOTNOT because a student isn’t coming to because a student isn’t coming to
classclass
““THE” REASON THE” REASON (aka criteria)(aka criteria) to refer a student for to refer a student for
Special Education TestingSpecial Education TestingOnly after all steps of the flow chart have Only after all steps of the flow chart have
been followed with fidelity (especially been followed with fidelity (especially documented interventions which has data to documented interventions which has data to show why the interventions failed) and the show why the interventions failed) and the student/parent/guardian, are requesting student/parent/guardian, are requesting consideration for qualifying (under one of consideration for qualifying (under one of the 13 categories) for Special Education the 13 categories) for Special Education Services upon the determination of the team Services upon the determination of the team decision process. decision process. Referral for SpEd Referral for SpEd testing is the last step, after all other testing is the last step, after all other interventions have been exhausted.interventions have been exhausted.
New Initial ReferralsNew Initial Referrals
• Students rarely qualify for Special Education Students rarely qualify for Special Education Services in High School for the Services in High School for the first time.first time.
• If they do qualify it is because…If they do qualify it is because…– Served in Special Education previouslyServed in Special Education previously– Sustained recent severe injurySustained recent severe injury– Very rare, but it does happen, a student has Very rare, but it does happen, a student has
“fallen through the cracks” and does qualify “fallen through the cracks” and does qualify under one of the 13 categories.under one of the 13 categories.
After all this if you have any After all this if you have any questions then…questions then…
• Contact your local Special Education Contact your local Special Education Department (Pat Wright is the Department Department (Pat Wright is the Department Head )Head )
• They will contact SpEd CoordinatorThey will contact SpEd Coordinator• Coordinator will go to DirectorCoordinator will go to Director• Director will go the State Office of EducationDirector will go the State Office of Education• State Office of Education will go to the FEDSState Office of Education will go to the FEDS• We’ll figure it out from there!We’ll figure it out from there!
Special thanks to:
Each of you, your time and for allowing
me to present this information.
Contributors:Rand Eberhard
Ed WilliamsLaura Swenson
Ann MillerWSD Student Services
WSD Special Education Dept.USOE
FEDERAL LAW&
anyone else I borrowed stuff from!