STUDENTS WITH SPECIAL NEEDS

1. STUDENTS WITH SPECIAL NEEDS Chapter 1 –Overview of Today’s Special Education Karen Gatto & Roni Kramer Winter 2009

2. Who are Special Education personnel? • Females 85% • White teachers 86% • 14% have a disability • Average age 43 • 59% masters • Average 14 years experience Paraprofessionals make up 87% of non teaching staff. During 01-02 there were 577,476 non teaching staff

3. STATISTICS • 6 MILLION, 6-21, 9.05 % 2005 • 272,454 BIRTH – 2 • 680,142 PRESCHOOLERS, 3-5 • 1.5 to1 and 3.5 to 1 male-female range • Population of students 6-21 grew 12% from 90-99, students with disabilities grew 30% • Huge growth in numbers!

4. CATEGORIES 2003-2004 • LD – 47.4% • SI - 18.7% • ED – 8.0% • OHI – 7.5% • MD – 2.2% • MR – 9.6% • H I - 1.2% • O I – 1.1% • AUTISM – 2.3%

5. CLASSIFICATION AS SWD • PROS? • CONS? • When classifying, there must be data to support that disability interferes with learning in the general education setting PAST TERMINOLOGY COMPARED TO TODAY Figure 1-4 and Figure 1-5

6. A HISTORY OF DISCRIMINATION • EXCLUSION OF STUDENTS WITH DISABILITES • MISCLASSIFICATION • REVOLUTION OF THE 70’S • BROWN VS Bd of Educ • CIVIL RIGHTS ACTIVISTS

7. POSTSECONDARY OUTCOMES • FROM NUMBERS SERVED TO ADULT OUTCOMES • TRANSITION PLANNING Fig. 1-7

8. -- Adult Outcomes and Goals • Equal opportunity • Full participation • Independent living • Economic self sufficiency

9. IDEA – Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE) • must have a disability that causes the need for special instruction • 1975- PL 95-142 Education of all Handicapped Students Act • 1990 - IDEA (Individuals with Disabilities Act) Part B, ages 3-21 • 1997 – a) low expectations b) lack of research based • 2002 – birth to 2, option of serving at risk of having delays and those that are diagnosed

10. IDEA 1997 Major Features • Free appropriate public education (FAPE) • Appropriate evaluation • Individualized Education Plan (IEP) • Least Restrictive Environment (LRE) • Parent/student participation in making decisions • Procedural safeguards • Increase role of general educators • Promote achievement • Prevent inappropriate placements - minorities

11. IDEA Individuals with Disabilities Improvement Act • 2004 – many changes in an effort to reduce paperwork and procedural process • Alignment with NCLB • Emphasis on accountability • RTI – a pre referral strategy utilized by building level pre referral teams (or Instructional Support Teams)

12. IDEA 2004 Major Themes • Timely evaluations (60 calendar days from 60 school days) • Promote research based instruction • Improving academic and functional outcomes • Streamline discipline procedures • Less adversarial dispute resolution • CSE membership • Alignment with NCLB

13. Discipline – IDEA regulates how school can discipline SWD • Cannot expel or suspend the SWD for more than 10 school days • Manifestation determination – when the school proposes to suspend for more than 10 days, there must be a manifestation determination • If nexus, school can suspend for more than 10 days however, education must still be provided in an interim alternative educational setting (IAES) • If there is a nexus, FBA and BIP • If weapons, drugs, or injury IAES for up to 45 days w/o manifestation meeting

14. NYS Mandates in Part 200 Regulations The IEP requires: • Transition services to be in effect beginning with the school year when the student turns age 15 • Short term objectives and benchmarks only for preschoolers and students taking NYSAA

15. FUNDING • STATES GET MONEY FROM FEDS IF IN COMPLIANCE WITH LAWS • HIGH COSTS OF SPECIAL ED – BIG PROBLEM FOR SCHOOL DISTRICTS • 18% ACTUAL FUNDING – PROMISED 40% • It costs approx. $1,086 per child to go through the process of referral, evaluation, and IEP development • Average expenditure per out of district placement is between $50,000 and 100,000 per year

16. OTHER FEDERAL LAWS • REHABILITATION ACT – help for veterans Now also applies to vocational funding for SWD • supported work • job coaching • assistive technology

17. ANTI DISCRIMINATION LAWS • ADA – AMERICANS WITH DISABILITIES ACT • SECTION 504 OF THE REHABILITATION ACT

18. SIX PRINCIPLES • ZERO REJECT • NON DISCRIMINATORY EVALUATION • APPROPRIATE EDUCATION • LEAST RESTRICTIVE ENVIRONMENT • PROCEDURAL DUE PROCESS • PARENT AND STUDENT PARTICIPATION

19. The Process • RTI • Referral • Evaluation • CPSE/CSE meeting • Classification • Program and Services • Annual reviews and Reevaluations

20. RTI - Response to Intervention • A systems change which involves the use of data to identify and intervene with at risk students

21. Why RTI? NCLB and IDEA 2004 • Accountability • Inclusion of all students • Evidence based practices • Highly qualified teachers

22. RTI Outcomes • More Frequent Student Measurement • A Reduction in Disproportionate Placement of Students of Diverse Cultural/Linguistic Backgrounds • Reduction of Special Education Placements • Increased Performance on Standardized Tests • Enhanced Collaboration Among Staff

23. ESSENTIAL COMPONENTS • Evidence based curriculum • Building/District screening assessment • Progress monitoring system • Multi tiered intervention model • Problem-solving method for interventions

24. Academic Systems Behavioral Systems • Intensive, Individual Interventions • Individual Students • Assessment-based • High Intensity • Of longer duration • Targeted Group Interventions • Some students (at-risk) • High efficiency • Rapid response • Targeted Group Interventions • Some students (at-risk) • High efficiency • Rapid response • Universal Interventions • All students • Preventive, proactive • Universal Interventions • All settings, all students • Preventive, proactive 75-85% 75-85% RTI - School-Wide Systems for Student Success • Intensive, Individual Interventions • Individual Students • Assessment-based • Intense, durable procedures 5-10% 5-10% 10-15% 10-15%

25. RTI and Learning Disability Classification • LD criteria is different under this model The achievement/discrepancy requirement is gone • Does require collection of data • Requires a written plan describing the process

26. RTI in the Secondary • Tied into NCLB requirements • Team process is critical ( Problem Solving method) • Delivery of interventions

27. PRE REFERRAL CONSIDERATIONS • RTI: • Appropriate instruction in general education classes • Screenings • Levels of targeted intervention • Application of information to make educational decisions • Criteria for determining levels of intervention is developed by the district

28. Referrals when using RTI • School district must initiate a referral and promptly request parent consent to evaluate a student who: • Has not made adequate progress after an appropriate period of time when provided instruction in a “response to intervention” process

29. DEFINITION OF SPECIAL EDUCATION • Specially designed instruction at no cost to parents, to meet the unique needs of a child with a disability”Another definition is provided by Tom Hehir: “the role of Special Education should be to minimize the impact of disability and maximize the opportunities for children with disabilities to participate in general education in their natural community • SPECIAL EDUCATION IS A SERVICE, NOT A PLACE!!!

30. THE CPSE/CSE PURPOSE • Each school district is required to establish a multi disciplinary Committee of Pre-School Special Education (CPSE) and Committee of Special Education (CSE) to: • Coordinate evaluations • Recommend programs/services for students with disabilities * • Determine eligibility * • Develop IEP • Report to BOE

31. CSE/CPSE PROCESS • Referral: Identifying children who may need special education services • Evaluation: Data collection through assessment • Recommendation: Determining eligibility • Implementation: arranging services, supports, and programs • Annual Review: updating program yearly • Reevaluation: updating tests and evaluation information every 3 years unless the district and parent agree that reevaluation is not necessary

32. CSE Referral Timeline New Initial Referral Received • Prior Notice of Initial referral and request for consent to evaluate sent to parents Initial Evals completed within 60 calendar days from receipt of consent Unless parent and district agree to another timeline Psychological, Social History, Classroom observation, other appropriate evals. • Prior notice provided to parents regarding CSE meeting CSE Meeting • Prior notice of CSE recommendations to parent CSE recommendation to BOE • Prior notice of BOE recommendation Consent for placement • Placement initiated 60 school days from consent to implementation

33. Individual Evaluations and Reevaluations 60 calendar days to complete evaluation Parent and district can agree to another timeline if: • Child moves into district and evaluation was initiated in prior district • Agree to determine how child responds to research based intervention (RTI)

34. Who may initiate a referral? Referral for initial evaluations • Parent • School District or Commissioner or designee responsible for providing education to students with disabilities • Classroom Teacher cannot make referral

35. Request for Referral • Professional staff members of the district the student resides in or private school student attends • Physician • Judicial officer • Student, age 18 or emancipated minor

36. EVALUATION COMPONENTS • Social History • Psychological Evaluation • Educational Evaluation • Classroom Observation • Physical • Evaluation in any other area of concern, i.e. Speech/Language, Psychiatric, OT

37. Sources of Information Variety of sources • Aptitude and achievement tests • Parent input • Teacher recommendations • Physical condition • Social and cultural background • Adaptive behavior • Participants at CSE must offer written input • if influencing decisions made at meetings • Ensure information form all sources is documented and carefully considered

38. Observation • Required component of the initial evaluation • Observation in the student’s learning environment (including regular classroom setting) • For student less than school age or out of school – environment appropriate for student that age

39. Federal CPSE/CSE Members • Parent of student with disability • At least one general education teacher • School representative knowledgeable about general curriculum and resources • Educational specialist who can interpret test results • Others who have knowledge or special expertise • Student, if appropriate

40. NY State CPSE/CSE membership • Federal CPSE/CSE members • School Psychologist • School Physician, if required • Parent Member • For CPSE, representative of municipality is often included but not mandated

41. Changes to CPSE membership Participation of the Early Intervention (EI 0-2 years old) representative • This is a member at the request of the parent of the student transitioning from EI to preschool special education (CPSE)

42. Changes to CSE Participation District is required to obtain parental consent (or student consent if emancipated) before inviting representatives from adult agencies to a CSE

43. Subcommittee on Special Education (SCSE) • Sub-CSE function as the CSE except when the following are considered: • Initial placement • When reviewing new psychological • Moving a student to a more restrictive setting Membership: Sub-CSE chairperson, parent, student (when appropriate), special education teacher, general education teacher. **CPSE does not allow subcommittee meetings

44. Role of General Education Teacher • Reports on the student’s current levels of functioning (including strengths) • Participates in the development, review and revision of the student’s IEP • Shares info regarding the general education curriculum

45. When Can Districts and Parents Reach Agreement? • Attendance at CSE meeting is not necessary when member’s area is not discussed • Excusal of member from CSE when member’s area is discussed can be implemented with 5 days prior written agreement • Changes to the IEP without a meeting after the annual review are allowed

46. When is Member Attendance not necessary? Parent and district may agree in writing for the following: • If area will not be discussed • District can request to parent in writing 5 days in advance of meeting • Parent can request/agree at any time • Does not apply to attendance of: • Parent of student; or • Municipality appointee (CPSE)

47. When can a Member be Excused? • The written request of district must include written input of member to be excused • Excusals are applicable to any meeting including an initial eligibility meeting

48. Eligibility Determinations200.4(C) A student shall not be determined eligible for special education if the determinant factor is: • Lack of APPROPRIATE instruction in reading or math • Or limited English proficiency

49. 13 DISABILITY CategoriesPart 200 Regulations • Autism • Deafness • Deaf-Blindness • Emotional disturbance • Hearing impairment • Visual impairment • Other health impaired • Speech- Language impairment • Orthopedic impairment • Multiple disabilities • Mental retardation • Learning disability • Traumatic Brain injury

50. Learning Disabilities May not rely on any single procedure Must include observation of student’s academic performance in regular classroom • Before referral • With parent consent, after the referral • Must be conducted by CSE member Q. If you use an RTI process, must you still conduct a complete individual evaluation? • A. Yes No need to complete a psychological evaluation if there is evidence that one is not needed