Understanding Special Understanding Special EducationEducation

Impact & Implications for Classroom Teachers Impact & Implications for Classroom Teachers 20112011

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OBJECTIVESOBJECTIVES1. Provide Environmental Scan of SpEd in

CA2. Examine Special Education Issues3. Review Teacher Rights4. Look at standardized assessment options5. Learn more about IDEA and the

reauthorization of ESEA/NCLB6. Explore the concept of Response to

Intervention and its impact on general and special educators

Special Special Education is Education is NOTNOT a Place a Place

It IS Supports & Services Brought to Students

Special

Education

BehaviorSupport Plans

PhysicalAssistance

Consultation from Specialists

I.E.P.Related Services(O.T./P.T./Speech)

AdaptedCurricul

umEnvironmental Accommodations

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California Special California Special Education Education

Enrollment Enrollment by Grade, by Grade,

20082008

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Grade   Total  Kindergarten 29,120Grade 1 38,652Grade 2 44,157Grade 3 49,581Grade 4 53,136Grade 5 53,558Grade 6 53,010Grade 7 52,100Grade 8 49,658Grade 9 53,588Grade 10 48,780Grade 11 46,008Grade 12 45,016All Others 61,511Total 677,875

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Statewide Special Education Statewide Special Education Enrollment by Disability, 2008Enrollment by Disability, 2008

SLD

SLI

OHI AUTMR

ED OI HH MD VI Deaf TBI DB0

25,00050,00075,000

100,000125,000150,000175,000200,000225,000250,000275,000300,000325,000350,000 AUT Autism

D/B Deaf/BlindnessDEAF DeafED Emotional DisturbanceHH Hard of HearingMD Multiple DisabilitiesMR Mental RetardationOHI Other Health ImpairmentOI Orthopedic ImpairmentSLD Specific Learning DisabilitySLI Speech or Language ImpairmentTBI Traumatic Brain InjuryVI Visual Impairment

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Issues in Special EducationIssues in Special Education Caseload and class size Service Delivery Models Planning time for co-teaching and

collaboration Shortage of special education teachers Lack of federal and state funding for

Special Ed Achievement gap Low performance on standardized

assessments

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Current ConcernsCurrent ConcernsSLD identification discrepancy

formula Wait to fail model Students not eligible until

second or third grade IQ and achievement not

available for African American students

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Teacher RightsTeacher Rights A teacher may suspend a student from

their class for any of the acts enumerated in the Ed. Code Section 48900

The suspension may be for the day of the class and the day following

A special needs student may receive a suspension for up to 10 school days

Ed. Code 44014 whenever a school employee is attacked, assaulted, or physically threatened, it is the duty of the employee and supervisor to report the matter. Failure to report is an infraction

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More Teacher RightsMore Teacher Rights

A teacher may request an IEP meeting The California Ed. Code mandates that

prior to the student’s placement, the special education teacher or general education teacher be knowledgeable of the IEP [Ed. Code §56347]

AB 1895 prohibits an employer from using authority to intimidate person assisting parents

Teachers are to receive appropriate professional development

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Student Participation in Student Participation in State and District-Wide State and District-Wide

AssessmentsAssessments The IDEA provides that students with

disabilities are to be included in state and district-wide assessment programs with appropriate accommodations or modifications (align IDEA to NCLB accountability)

IEPs must include accommodations and/or modifications.

As of 2005, no out-of-grade level testing is allowed (NCLB)

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Standardized Assessments and Standardized Assessments and Students with DisabilitiesStudents with Disabilities

Over 677,875 students receive Special Education Services in California

Students with Disabilities taking assessments

California Standards Test (CST)-475,456 California Modified Assessment (CMA)

38,563 (ELA); 33,301(Math); 12,622 (Science) California High School Exit

Exam(CAHSEE)-12,959 (10th grade) California Alternative Performance

Assessment (CAPA)- 44,933 Facts and Stats are available on the Dataquest CDE website

(schoolwide scores, CAHSEE results…..) http://dq.cde.ca.gov/dataquest/

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Most students participate in the

CST Some students participate in

the CMAA few

students participate in

the CAPA

Assessments

For Students with IEPs

significantly below grade

level

For Students with IEPs and severe cognitive delays

For All Students Including Students

with IEPs or 504 Plans

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Comparison of Test ItemsComparison of Test Items

Measures grade level standards

Standard passage length

Customary use of white space

Standard font size – Times

Four answer choices

Measures grade level standards

Shortened passage length

Additional white space

Larger font size – Helvetica

Three answer choices

Graphics for most items

CST CMA

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•Grades 3-8 in ELA•Grades 3-7 in math (no grade 8 math)•Grade 5 and 8 in science •Grade 4 and 7 in writing

•Grades 9-10 operational spring 2010

•Grade 11 operational spring 2011

CMA Rollout

2010

2011

2009

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AccommodationsAccommodations Special adjustments of

assessments allowed for students with disabilities

Should not alter what the test measures or interfere with the ability to compare test results

Include: setting, timing, presentation, response, and scheduling

Collect data to determine effectiveness of accommodations

IEP team decision

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ModificationsModifications Alter what the test is measuring Results of the test are not

comparable to other students’ results Including reduction in the number of

items, use of calculator, or simplifying the content of a test

Use matrix provided by the CDE IEP team decision Modifications automatically result in

reporting a non-proficient score.

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CAHSEE Stats 2008CAHSEE Stats 2008

Based on the 2008 CDE Dataquest website

Students

Receiving Special Education Services

Class of 2006 Class of 2007 Class of 2008

48.8% 49.6% 53.8%

Percentage passed both ELA and MathPercentage passed both ELA and Math

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CAHSEECAHSEE The Class of 2006 was the first

graduating class that was required to meet the CAHSEE requirement.

Students receiving special education services in the classes of 2006 and 2007 were entitled to an exemption from the exit exam requirement.

Class of 2009-including all students receiving special education are responsible for passing the CAHSEE

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CAHSEE- CAHSEE- The LatestThe Latest July 2009July 2009

Ca Ed Code 60852.3 (AB X4 2) Effective July 1, 2009-Students with

Disabilities and Students with a 504 plan are not required to pass the CAHSEE as a condition of receiving a high school diploma

Only required to take the grade 10 administration for accountability purposes

This will be in effect until SBE determines that an alternative to CAHSEE, currently being developed, demonstrates the same level of academic achievement and rigor.

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CAHSEE InformationCAHSEE Information Valenzuela v. O’Connell Settles lawsuit challenging

the Exit Exam

AB 2040 (Nunez) - High School Exit Exam (CAHSEE)-Requires superintendent of public instruction to convene a panel to make recommendations regarding a standardized evidence-based assessment for eligible pupils with disabilities.

Students with disabilities are entitled to take the Exit Exam with any accommodation or modification specified in their Individualized Education Program

New study guides and released test questions are available:http://www.cde.ca.gov/ta/tg/hs/resources.asp

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History of IDEAHistory of IDEA1975 Passed as PL94-142 Education for All

Handicapped Children's Act1997 Reauthorized by Congress2004 Congress passed IDEA’04; signed into law2005 Became effective July 1, 20052006 Secretary of Education issued regulations

interpreting the law; became effective October 13, 2006

2007 Final IDEA regulations issued

Current: Law will not provide mandatory full funding Law does not contain NEA’s “highly qualified”

definition

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Purposes of IDEAPurposes of IDEA Increase accountability and improve education

results for students with disabilities Reduce paperwork burden on educators Improve early intervention strategies Reduce over identification of non-disabled

students Reduce litigation Increase the ability of schools to be safe Ensure that the rights of students with

disabilities and their parents are protected Ensure that children with disabilities have a

FAPE

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Under Federal Law: Identified Students Under Federal Law: Identified Students Must Be Provided a Continuum of Must Be Provided a Continuum of ServicesServices General Education classroom General Education classroom with

consultation General Education classroom with

supplementary instruction and services Resource classroom Separate classroom Separate school Residential school Homebound or hospital

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IDEA Highlights IDEA Highlights IEPsIEPs

1. Allows IEP team members to be excused from attendance if their area is not being discussed (parent and district must agree in writing)

2. An IEP team member whose topic area is being discussed can be excused if parent and the LEA agree and the excused IEP Team member submits input in writing prior to IEP meeting

3. Permits IEP team meeting to use teleconferencing, conference calls, and other alternative means of participation. The IEP team must be notified of the changes

4. Transition services for student with a disability must begin at age 16

5. Changes to IEP can be made without convening the IEP team if both the school district and parent agree. The amendments must be in writing and communicated to the IEP team.

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IEP Team makeup– parent or guardian of child– not less than 1 general ed teacher of the child– not less than 1 special educator of the

child/provider– a representative of the LEA who:

is qualified to provide or supervise specially designed instruction

is knowledgeable of general ed curriculum is knowledgeable of resources

– an individual who can interpret instructional implications of evaluation results

– when appropriate, the child

IEP MeetingsIEP Meetings

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IDEA Highlights: IDEA Highlights: DisciplineDiscipline

1. Short term suspensions, appropriate alternative settings, or other settings may be ordered for not more than 10 consecutive school days and for additional removals that do not constitute a change of placement.

2. A change of placement occurs if: The removal is for more than 10 consecutive days The child is subjected to a series of removals that

constitute a pattern because they cumulate to more than 10 days

The IEP team must determine whether a change of placement has been made

The school may consider any unique circumstances on a case-by-case basis when determining whether to order a change of placement

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Discipline Discipline (cont)(cont)3. Interim Placements

Basis for IAES (Interim Alternative Educational Setting):– Carries/possesses a weapon in school– Knowingly uses or possesses illegal drugs– Sale or solicitation of a controlled substance– 45-day interim placement for inflicting “serious bodily

harm” (substantial risk of death; extreme physical pain; protracted and obvious disfigurement; loss of a bodily member, organ or mental faculty)

Interim placements are for 45 school days rather than 45 calendar days (9 weeks instead of 6 weeks)

Interim placement does not require parent permission, nor does it require any involvement by a hearing officer

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IDEA HighlightsIDEA HighlightsEarly Intervention Early Intervention

1. LEAs can use up to 15% of IDEA dollars for intervention services for students who have not been identified for special education, e.g., implementing “response to intervention” or (RtI) assessment

2. Schools are not limited to using IQ-achievement “discrepancy” assessment model—other models may be used to assess whether a student has a specific learning disability. IQ discrepancy model cannot be the sole determinant of eligibility

3. Evaluation must still be comprehensive

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IDEA HighlightsIDEA HighlightsLitigation ReductionLitigation Reduction

1. “Opportunity to resolve” problems before a due process hearing is formally filed. School districts have 15 days in which to convene a “resolution session” and may not bring an attorney unless the parents are represented by counsel. Additional 15 days to resolve the problems cited by the parents. Decisions are binding.

2. 2-year statute of limitations for parents to file a complaint.

3. Attorneys will be held liable for the costs of frivolous lawsuits.

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NCLB & IDEA AlignmentNCLB & IDEA Alignment

NCLB & IDEA require that we organize and focus our efforts around one primary goal: Student Achievement in core curriculum

Accountability for schools and academic achievement for all students

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Reauthorization of Reauthorization of ESEA/NCLBESEA/NCLB

NCLB, signed into law in January 2002, is now before Congress for renewal. As part of the renewal process, called "reauthorization," Congress will review and revise the law

ESEA reauthorization legislation has become stalled due to partisan differences and the time pressures of an election year.

Proposed Changes:

Multiple Measures Class Size Reduction Program Performance Pay

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Response to Response to InterventionIntervention

RtIRtI RtI is the practice of providing high-

quality instruction and intervention matched to student need, monitoring progress frequently to make decisions about change in instruction or goals and applying child response data to important educational decisions (NASDSE, 2005)

IDEA provides for the use of RtI as part of the process to determine eligibility for learning disabilities

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Core Components of RtICore Components of RtI1. High-quality classroom instruction2. Research-based instruction 3. Classroom assessment4. Universal screening 5. Continuously monitoring student

progress in the classroom6. Research-based interventions 7. Progress monitoring during

interventions 8. Fidelity measures9. Staff development and collaboration10. Parent involvement

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RtI Connection to Special RtI Connection to Special EdEd

Problem-solving approach aimed at reducing unnecessary identification to special education

Identify students who are not achieving at the same level and rate as peers and provide appropriate interventions

The earlier students can be identified and provided appropriate instruction, the higher the likelihood they can be successful and maintain their class placement

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Response to InterventionResponse to InterventionMulti-Tier ModelsMulti-Tier Models

Tier 1: Screening & group interventions– Core instructional program uses scientifically

validated curriculum for all students– Teachers match students’ prerequisite skills with

course content to create appropriate instructionTier 2: Targeted short-term interventions

– Supplemental instruction provided to students who display poor response to group instructional procedures in tier 1.

– Students who improve are reintegrated into the traditional program

Tier 3: Intensive Instruction– Provide intensive instructional interventions to

increase student’s rate of progress. May or may not include special ed services

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Stu

dent

s

RtI Resource DeploymentRtI Resource Deployment

Academic Systems Behavioral Systems

Tier 3: Intensive, Individual InterventionsIndividual StudentsAssessment-basedHigh IntensityOf longer duration

Tier 3: Intensive, Individual InterventionsIndividual StudentsAssessment-basedIntense, durable procedures

Tier 2: Targeted Group Interventions

Some students (at-risk)High efficiencyRapid response

Tier 2: Targeted Group InterventionsSome students (at-risk)High efficiencyRapid response

Tier 1: Core Instructional InterventionsAll studentsPreventive, proactive

Tier 1: Core Instructional InterventionsAll settings, all studentsPreventive, proactive

Three Tier Model of School Supports

New Assumption: All students will become proficient.

10-15%

75-85%

5-10%5-10%

10-15%

75-85%

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What Does RtI What Does RtI Implementation Look Like?Implementation Look Like? Students receive high quality, research-

based instruction by qualified staff in their general education setting

General education instructors and staff assume an active role in assessment in the core curriculum

School staff conduct universal screening of both academics and behavior

School staff implement specific, research-based interventions to address the student’s difficulties

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Regular progress monitoring of student performance (weekly or bi-weekly)

School staff use progress monitoring data and decision ruled to determine intervention's effectiveness and needed modifications

Systematic assessment of the fidelity or integrity with which instruction and interventions are implemented

Information from the National Research Center on Learning Disabilities

http://www.nrcld.org

What Does RtI What Does RtI Implementation Look Like? Implementation Look Like?

(cont)(cont)

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RtI Association IssuesRtI Association Issues Need to influence RtI guidance at the local level Critical issues for members:

Professional development Reassignment and transfer Teacher workload Compensation Evaluation (program, not teacher) Time for collaboration Scientifically-Based Research interventions Shared decision-making

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RtIRtI²² California has expanded the

definition of RtI to Response to Intervention and Instruction.

Use data gained during implementation to identify students with learning disabilities

Integrates the resources of general education ,categorical programs and special education through a comprehensive system of core instruction and interventions for all students

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Resources: RtIResources: RtI Instruction and Professional Development

Department/CTA sbegin@cta.org

CDE RtI webpage:http://pubs.cde.ca.gov/tcsii/ch2/responsetointerven.aspx

National Association of State Directors of Special Education www.nasdse.org

National Center for Learning Disabilities RtI Action Network: http://www.ncld.org/content/view/1002/389/

National Research Center on Learning Disabilities www.nrcld.org

National Center on Progress Monitoring www.studentprogress.org/default.asp

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Web ResourcesWeb Resources

www.cta.org California Teachers Association www.nea.org National Education Association www.cde.ca.gov California Department of Education www.cec.sped.org Council for Exceptional Children www.ideapractices.org IDEA Practices www.ed.gov/offices/OSERS/OSEP U.S. Dept. of

Education, Office of Special Education Programs www.wrightslaw.org Wrightslaw: Special Education

Law