Welcome to Special Education Basics

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Nancy O’HaraDirector – Division of Special Education ServicesOffice of Standards, Instruction, and Assessment

Georgia Department of Education

&

Jessica BucholzAssistant Professor of Special Education

University of West Georga

Opening Discussion

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On a scale of 1-10, how confident or familiar are you with Special Education laws, regulations, and practices?

Can you share one anecdote or personal experience, either positive or negative, that you

have had with Special Education?

Legal Basics

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Federal law creates the civil rights mandate for SPED, but states make the rules and regulations.

Special Education Background

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Special Education (SPED) is a civil rights issue. The impetus behind SPED law and practices was born in the Civil Rights Act of 1964 but did not become law until passage of the Rehabilitation Act of 1973. Section 504 of this act refers specifically to education.

Since 1973, we have also seen the passage of the Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA), as well as NCLB (with revisions and amendments to IDEA).

Links

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The Georgia DoE has an excellent website where you will find the basic resources you need, including manuals, FAQs, forms, contact info, and other key information.

- Comprehensive Georgia charter school information: http://www.gadoe.org/pea_charter.aspx

- Comprehensive Georgia SPED information: http://www.doe.k12.ga.us/ci_exceptional.aspx

Who’s Involved?

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STUDENT

Parents, guardian, or

surrogate

Physician, psychiatrist,

advocate

Teachers & Administration

Local District SPED Director

State agencies

COMMUNICATION + RELATIONSHIPS + NEGOTIATION

Legal Status

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Charter Schools vs. “Traditional” Public Schools.

“What is the difference between charter schools and traditional public schools?”

According to the law, there is no difference: charter schools have the same responsibilities as other public schools.

Counseling Out

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The phrase “counseling out” refers to the practice of advising parents against enrolling in a school due to limited services, funding, or staff experience on the part of the school.

The law is clear: charter schools are public schools, and as such they must enroll all students eligible for public education, regardless of disabilities.

However…

Linkage

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The first step to ensuring a lawful, effective SPED program in your school is to determine your charter school’s legal status:

Is your charter school part of an LEA (authorized by a local district)?

OR

Is it its own LEA (authorized by the State Board or Charter School Commission)?

Acronyms and Definitions

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Familiarize yourself with the language of SPED.

Common terms include IEP, FAPE, and LRE

IEP

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Individualized Education Program (IEP). One of the most important terms you’ll need to learn.

A team of professionals and parents arranges for the child's evaluation, determines eligibility, decides on the individualized special education and related services for the child and prepares an IEP that contains specific content that must be reviewed at least annually.

FAPE

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Students with disabilities are entitled to a free appropriate public education (FAPE) provided at no charge to parents.

LEAs and SEAs retain the responsibility of providing FAPE to students in their geographical area.

LRE

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The least restrictive environment (LRE) refers to placement in a setting that is the closest to the regular classroom.

Students with disabilities must have available to them a continuum of placements that range from full time in a regular classroom to full time in a special setting.

SPED and NCLB

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Students with disabilities must be included in state and district-wide assessment programs with appropriate accommodations if necessary.

Alternate assessments must be provided for those children who cannot participate in state and district wide assessment programs even with accommodations.

The IEP for all students with disabilities will specify how they will participate in state assessments

Child Find

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Child Find refers to the policies and procedures an LEA must put in place in order to identify and evaluate all students with potential disabilities. The LEA is responsible for Child Find.

Child Find

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For dependent local charter schools (that are part of an LEA) it is important to understand the purpose of Child Find and be prepared to assist where necessary.

Child Find

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For independent charter schools that function as their own LEA (state and commission charters), it is more complicated. This is one area where the charter school differs significantly from a typical LEA.

Response to Intervention (RtI)

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Response to Intervention (RtI) is a method for providing high-quality instruction and/or intervention to match individual needs.

RtI relies on a set of principles and practices. The exact composition and structure of RtI varies slightly from state to state.

RtI Web Resources

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The Georgia DoE website has an excellent RtI resource center, including comprehensive guidance, funding information, best practices guides, and a host of educational webinars.

Search for “Response to Intervention” from the DoE homepage or see: http://www.doe.k12.ga.us/ci_services.aspx?PageReq=CIServRTI

RtI Principles and Practices

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1. The education system can effectively teach all children.

2. Early intervention is the key to limiting problems and maximizing student performance.

RtI Principles and Practices

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3. Use a multi-tiered model to deliver services:

Tier 1: General, standards-based learning Tier 2: Needs based learning (targeted intervention) Tier 3: SST-driven learning (intensive, targeted)* Tier 4: Specially designed learning

*Student Support Team (SST) is required by law in every school in Georgia.

RtI Principles and Practices

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4. Use a problem-solving model to make decisions between tiers:

What is the problem? Why is it happening? What should we do about it? Did it work?

5. Implement research-based instruction/ interventions.

6. Instruction should be data driven.

RtI Principles and Practices

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7. Use assessments to inform instruction

Screening: Identify students in need of special intervention.

Diagnosis: Identify specific instructional needs based.

Monitor progress to decide whether intervention is working.

Essential Instructional Issues

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Low Incidence DisabilitiesHow do you prepare for the unexpected and unpredictable?

Assistive TechnologyDetermining your options and needs.

Hospital and Homebound Services

Essential Instructional Issues

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Assessment Tools DAB-3, GORT-4, BES, Burks, Vineland, etc.

Testing Accommodations and ModificationsAssessing and addressing student needs

Exiting SPEDWhen and how does a student return to the general education program?

Essential Instructional Issues

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Transition plansThe goal of a transition plan is to ensure that a student exits high school with a plan for transitioning to the workforce or whatever next step is deemed appropriate.

Discipline Issues

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Manifestation determination

10-Day Rule

Functional Behavior Assessment

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This is a problem-solving process for evaluating and assessing problematic behavior. A basic goal is to identify (or develop a hypothesis as to) the cause of the behavior before developing an intervention.

PBIS.org

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www.PBIS.org. This is a comprehensive website developed in partnership between the National Technical Assistance Center on Positive Behavioral Interventions and Supports and the U.S. Department of Education.

This site is designed “to give schools capacity-building information and technical assistance for identifying, adapting, and sustaining effective school-wide disciplinary practices.”

Communication, Negotiation, and Staff Development

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Focusing on these three areas will help ensure compliance and, more importantly, excellence in education!

Communication

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Successful school administration requires strong communication skills on all levels. Administrators must learn to communicate and manage relationships effectively with staff, parents, students, community members, and state agencies.

Whether an administrator is new to the job or brings twenty years of experience, it is advisable to seek professional development in this area. Read books and take workshops. Above all, learn what it means to be an effective listener!

Negotiation

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Be ready to negotiate, especially if you are a dependent charter school within an LEA. Negotiate with the goal of building partnerships.

Remember to get the results of your negotiations in writing!

Staff Development

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All teachers need to be trained to spot the warning signs of learning disabilities or behavioral issues.

Once students with disabilities are identified and IEPs developed, teachers will likely benefit from training designed to address specific student needs.

Administration

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Section 504

Ensuring SPED funding is expended appropriately

Weights for categories

Contingency planning

Administration

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Three Essential Questions for Documenting and Reporting

1. To whom are you responsible for documentation and reporting? (Once again, this is dependent on your school’s linkage.)

2. Who does what, when, and how?

3. Who manages the IEP process? (There are many deadlines for reporting, and someone on staff needs to “own” this process.)

Administration

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Risk Management

Avoiding due process and mediation is the basic goal behind developing plans, staying informed, and maintaining good communication and strong relationships with all parties involved.

Administration

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Staff Supervision

Supervising staff is important for ensuring a sound program as well as for risk management.

Administrators should monitor internal communications within the SPED department, along with processes regarding all files, reporting, enforcement of policies, compliance with federal and state mandates, etc.  

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Thank you for coming.

Are there any questions?