Every Child Can Learn

1

• Every Child Can Learn
• Just Not
• on the
• Same Day,
• or the Same Way
• George Evans

2

• IDEIA
• Discipline and Legal Issues
• Inside Our Schools

3
State Monitoring Compliance ISSUES

• Suspensions and Expulsions of Students with
  Disabilities
• Students with disabilities continue to be
  suspended for over 10 days without special
  education services.
• 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 Contd

• Student Record Reviews
• Teacher signatures on IEPs as in attendance
  when teacher did not attend the IEP meeting.
• General education teachers who were not in
  attendance at the IEP meeting did not review
  the IEP and document by signing the not in
  attendance section of the IEP.
• Documentation of students annual goals on
  progress reports.

5
Compliance Issues Contd

• 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.

6
Whats the Big IDEIA?

• The education of children with disabilities is a
  top national priority. Our nations special
  education law, the Individuals 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

7
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." 

8
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.

9
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.

10
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).

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FAPE Contd

• 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.

12
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.
• Unless the student's IEP requires other
  arrangements, students with disabilities MUST be
  educated in the school they would attend if they
  did not have a disability.

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LRE (Contd)
Most restrictive environment
Least restrictive environment
West Tennessee RISE Project, 2007
14
Overview of Special EducationProcess and
Procedures

• Identification
• Evaluation
• Eligibility
• IEP Development
• IEP Implementation
• Review of IEP

15
Identification

• Child Find
• Support Team
• RTI
• Evaluation

16
Support Team

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

17
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 .

18
Evaluation Contd

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

19
Response to Intervention

• Provides assistance to students in timely
  fashion. It is NOT a wait-to-fail model.
• Helps ensure that the students 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.

20
Eligibility

• IEP team reviews evaluation results and
  determines
• Existence of a disability.
• 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.

21
IDEA defines a Child with a disability as a
child with

• Intellectual Disability (formally Mental
  Retardation)
• Hearing Impairments (including deafness)
• Speech or Language Impairments
• Visual Impairments (including blindness)
• Emotional Disturbance
• Orthopedic Impairments
  
• Autism
• Traumatic Brain Injury
• Other Health Impairments,
• Specific Learning Disabilities
• Developmental Delays (TN)
• Functionally Delayed
• Intellectually Gifted (TN)
• AND  
• who by reason thereof needs special education
  related services

22
IEP

• Timelines
• After Initial Evaluation
• Annually
• Parent request
• Compliance issues
• Invitation Letter (parents receive minimum 10
  days notice)
• Prior Written Notice
• Draft IEP
• 15 Day Letter

23
IEP Contd

• IEP Team Members
• Parent (s)
• Special Education Teacher
• General Education Teacher
• Administrator
• Related Services Providers
• Interpreter
• Student at age 14
• Other agencies for Transition Services, if needed

24
IEP Development

• Standard Based IEP
• Should include current assessments data
• District Assessments, Think link, DIBELS
• Achievement, TCAP, BRI, Running Records
• Transition Assessments
• Behavioral and Social
• Medical
• Cum folder review
• Attendance
• Grades
• Discipline and Behavior History

25
Prior Written Notice

• Pre and Post PWN.
• IEP
• Evaluations or Re-Evaluations
• Eligibility
• Manifestation Determination

26
Transition

• IDEIA 2004 raises transition age from 14 to 16.
• State of Tennessee- Age 14
• Age 14 Develop an initial four (4)year plan for
  high school study.
• Age 14 (or younger) Provide transition
  assessments and transition services.

27
Transition

• Transition Folder (Portfolio and assessments)
• Transition plan reviewed annually.
• 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

28
Procedural Safeguards Book

• 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

29
Procedural Safeguards

• Complaints
• Mediation
• Due Process

30

• Discipline
• and
• Discipline Procedures

31
At Risk Students

• Positive Behavior Supports
• Support Teams
• Behavioral Goals
• Functional Behavior Assessment
• Behavior Intervention Plan

32
School Wide Positive Behavior Supports

• A research-based approach to creating, teaching
  and reinforcing students' social, emotional and
  academic learning skills.
• SWPBS 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.

33
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
34
Functional Behavior Assessment

• Completed for any student whose behavior impedes
  learning or learning of others.
• Parental permission is required to conduct an
  FBA/BIP.
• Identify behaviors
• Collection of data
• Gathering of information
• Assess function of behavior
• Determine interventions
• Implement Interventions
• Evaluate effectiveness

35
FBA Contd

• Determine need for Intensive Plan (BIP)
• Review FBA
• Revise FBA as new behaviors surface

36
Behavior Intervention Plan

• Intensive interventions and strategies
• Teaching Plan
• Individualized
• Crisis Plan

37
Discipline

• ISS
• OSS
• Twilight School
• Bus Suspensions
• 45 day removals
• Students can not be suspended for than 10 days
  in a school year.

38
Manifestation Determinations

• Manifestation Determination" is a process to
  determine if a students behavior problem is or
  is not a manifestation of the students
  disability.
• The conduct was caused by, or had a direct and
  substantial relationship to, the childs
  disability.
• The behavior was a direct result of the schools
  failure to implement the IEP.
• MD is completed as part of an IEP team meeting.

39
Manifestation Determination (contd)

• Determination that behavior was a manifestation
  of the student's disability.
• Review the Functional Behavior Assessment and
  Behavioral Intervention Plan.
• Determination that behavior was not a
  manifestation of the student's disability.
• Follow student code of conduct, DSOP as related
  to Discipline.

40
Manifestation Determination (contd)

• Manifestation Determination meeting must be held
  ASAP.
• 24 hour notice to parent is required.
• MD has to be completed in 10 days.
• MD completed when juvenile citation is issued.
• Involve assessment specialist to provide
  understanding of the disability

41
Legal Issues

• Restraint
• Revocation of Services
• Reporting Abuse
• Medication
• Lopez Decree

42
Isolation or Restraint

• Free from the unreasonable unsafe and unwarranted
  uses of isolation and restraint practices.
• Positive behavioral interventions and support
  methods in schools.
• Develop properly trained staff.

43
Restraint

• Must be in Individualized Education Plan
• Only the principal, or the principals designee,
  may authorize the use of isolation or restraint.
• When the use of restraint or isolation is
  proposed at an IEP meeting, parents/guardians
  shall be advised of the provisions of T.C.A.
  49-10-1301, et seq., this rule and the IDEA
  procedural safeguards.
• An IEP meeting convened pursuant to T.C.A.
  49-10-1304(b) may be conducted on at least
  twenty-four (24) hours notice to the parents.

44
Revocation of Services

• Parent/Guardian may revoke special education and
  related services by submitting a written
  statement
• Procedural Safeguards reviewed and given to
  parent
• Prior Written Notice and written statement should
  be placed in student cum file.
• Prior Written Notice and copy of written
  statement should be given to Compliance
  Facilitator for processing.
• All Services should end IMMEDIATELY

45
Reporting of Abuse

• If any school personnel has knowledge or
  reasonable cause to suspect that a student is a
  victim of child abuse or sexual abuse that
  occurred on school grounds
• Parent or guardian must be verbally notified
  within 24 hours.(not if parent is suspected of
  abuse)
• Department of Children and/or law enforcement
  services must be notified within 24 hours.

46
Medication

• LEA may not use the parent's refusal to consent
  to administration of a psychotropic medication to
  a student or to a mental health screening,
  evaluation, testing or examination of a child or
  student as grounds for prohibiting the child from
  
• Attending class
• Participating in a school-related activity
• Reporting or charging child abuse, child neglect,
  educational neglect, or medical neglect.
• LEA shall not use nor threaten use of school
  sanctions to a student to coerce parental consent
  to a mental health screening, evaluation, testing
  or examination.

47
Lopez Decree

• All Special Education buses will be equipped with
  video monitoring equipment and a bus monitor.
• Students with a disability who are determined to
  pose a risk of sexual harassment while riding a
  general education bus will be transferred to a
  special education bus.
• Students without a disability who are determined
  to pose an unreasonable risk of sexual harassing
  another student shall not be allowed to ride any
  MNPS school bus.

48
Transportation for Students with Disabilities

• Policy SS 3.115
• The need for special transportation must be
  described and documented in the students IEP
• Compliance Facilitator processes the
  Transportation Order and notifies the Designated
  Official.
• Special Education Buses Full time monitor.
• General Education Buses IEP team determines the
  need for bus monitor
• All requests for a bus monitor must be
  documented in the Prior Written Notice (PWN)

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Principals Responsibilities(SS
3.115-Transportation)

• Communicate, verbally and in writing, with any
  bus driver, especially substitute drivers and bus
  monitors, the following
• Behavior issues and directions on managing
  conduct.
• Details of any existing individual safety plans
  and/or the need to collaborate and establish an
  individual student safety plan.
• Provide a copy of a written individual safety
  plan
• Ensure staff will receive and supervise students
  who ride special transportation during arrival
  and dismissal times.
• Maintain and update the Department of
  Transportation reference notebook.
• Be available by district provided cell phone for
  notification of bus emergencies.

50
Behavior Reintegration Plan

• Goal is to reintegrate students in MIS classes
  into the least restrictive setting.
• When the student is referred for placement in
  MIS, the team will
• Identify behavioral, social and academic skills
  the student needs to succeed in the LRE
• Develop IEP goals based on these skills.
• Assess prospective reintegration settings to find
  the best fit.

51
Behavior Reintegration Plan (contd)

• Meet with general education teachers and conduct
  inventories of
• Behavioral, social, academic expectations
• Classroom routines and procedures
• Work completion expectations
• Attendance and make-up work policies
• Grading policies
• Test-taking expectations
• Homework policies
• Teacher styles

52
Behavior Reintegration Plan (contd)

• Collect ongoing data on the students progress
  in the areas of behavior, social skills and
  academics.
• At IEP reviews
• Monitor progress towards long-term reintegration
  goals.
• Determine present levels of readiness for
  integration.
• Update the IEP goals and objectives.

53
Exceptional Education Support Staff

• CF Compliance Facilitator
• IF Instructional Facilitator
• TF Transition Facilitator
• Autism Team
• Psychologist
• SLP Speech Language Pathologist
• OT Occupational Therapist
• PT Physical Therapist
• Vision and Hearing Itinerant

54
Professional Development

• Accommodations and Modifications
• Co-Teaching Models for Inclusive Services
• Differentiated Instruction
• Easy IEP
• IDEIA Discipline and Legal Issues Inside Our
  Schools
• Improving Functional Communication Skills
• Inclusion Strategies Autism
• Inclusive Services Part I and II
• Inclusive Service Delivery for Administrators
• Nonviolent Physical Crisis Intervention (CPI)
• Principles of Transition

55
PD Contd

• Promoting Social Skills for Students with Autism
• Related Arts Inclusion Strategies for Autism
• Response to Intervention
• Roles and Responsibilities of the Para-Pro
• School-Wide Positive Behavior Support
• Sensory Strategies for Students with Autism
• Supporting Mental Health In The Schools/FBA/BIP
• TCAP-ALT Training

56
Resources

• www.wrightslaw.com
• www.dlactn.org/
• www.tennessee.gov/education/speced
• www.cec.sped.org

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Implications for Educators

• The IDEA amendments brought significant changes
  in the way public schools refer, evaluate,
  identify, serve, and discipline students with
  disabilities. IDEA incorporates most of the No
  Child left Behind Act requirements for students
  with disabilities.
• Know the Laws
• Use Best Practices
• Provide FAPE
• Set High Expectations

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? QUESTIONS ?