Everything You Wanted to Know AboutSupporting School-age Children

Kimberly Rotundo, MEdDiagnostic Educator

Clinical Program Manager

Reading and Literacy Discovery Center

Objectives

• Review of the laws influencing education and school practice

• ADA and 504 Plans

• IDEA: Obtaining and Working with IEP’s

• Importance of the “Team”

2015

Every Student

Succeeds Act

(ESSA)

• Provides ALL students access to education

(expands preschool)

• Requires ‘high academic standards’ to succeed in

college/careers

• States set accountability standards and reporting

structure (test time/high stakes testing)

• Ensure foster youth have equitable opportunities for academic

achievement and social development

• Ensure maintenance of educational stability (including preschool),

including graduation standards, Special Education, related services,

extracurriculars, and specialized instruction/programs (District of

residence is determined by courts)

• When not possible, must be enrolled with delay of available records

• Provide English learners and parents with language assistance

programs

Ohio Dept of Education: Foster Care for updateshttps://education.ohio.gov/Topics/District-and-School-Continuous-Improvement/Foster-Care

US Dept of Education: Foster Care Transition Toolkithttps://www2.ed.gov/about/inits/ed/foster-care/youth-transition-toolkit.pdf

Ohio’s 3rd Grade Reading Guarantee

Districts develop policy/procedures to assess (applies to chartered nonpublic and private schools)

Implement research-based improvement plan for students not on track identifying

specific reading deficiency

http://education.ohio.gov/Topics/Early-Learning/Third-Grade-

Reading-Guarantee

Retained 3rd Grade Students

• Provided 90 minutes of reading instruction daily

• District provides alternative providers/tutor list and may pay for services

• Provide differentiated instruction in other subjects

Exemptions to Retention

• <3 yrs English learner

• IEP exemption

• Provided 2-years intervention and previously retained K-3rd grade

http://education.ohio.gov/Topics/Early-Learning/Third-Grade-

Reading-Guarantee

Ohio’s 3rd Grade Reading Guarantee

Children with Disabilities provided education services

~22% ALL School Children

participate in

Special Education Service

6.7 Million School Age

3% Infants/Young Children

~ $11 Billion

(IDEIA funding)

US Dept. of Education: Office of Special Education Programs

Section 504(Rehabilitation/ADA)

Medical Document of

Physical or Mental Impairment

substantially limiting major life activity

Proposed Education program

provided to

non-disabled?

IDEA

Response to Intervention

Multi-factored Evaluation

Identify Disability

Team Evaluation

Related Services

Individualized Education Plan

(IEP)

Accommodations

Physical Instructional

Rehabilitation Act of 1973Continuation of Civil Rights Act

"empower individuals with disabilities to maximize education and employment,

self-sufficiency, independence and inclusion and integration into society

Section 504 of the Rehabilitation Act Americans with Disabilities Act

Identifies Modifications and Accommodations for

Students with Disabilities to Provide an

Opportunity to Perform at the Same Level

as their Peers

Americans with Disabilities Act

Physical or mental

impairment that

‘substantially’ limits

one or more

major life activities

Examples for 504 Eligibility

• Communicable Diseases

• Temporary disabilities (accident, illness)

• Allergies/Asthma

• Attention difficulties

TRICKS OF THE TRADE: Specially Designed Instruction

Adapting the Content, Methodology or Delivery of

Instruction to Address Unique Needs and

Ensure Access to the General Curriculum

Accommodation

changes how a student accesses information and demonstrates

learning

Modification

changes what a student is expected

to learn

Appendix D

https://education.ohio.gov/getattachment/Topics/Testing/Accommodations-on-State-

Assessments/OHAccessManual.pdf.aspx?lang=en-US

ACCOMMODATIONS

Changes in the way materials are presented (Presentation, Response, Timing/Scheduling, Setting)

and/or how learning is demonstrated

• Providing equity to level the playing field

• Reduces or eliminates the effects of the disability

without reducing learning expectations

• May be appropriate for instruction or assessment

SCENARIO

Child with ADHD has difficulty remembering to bring homework, complete assignments,

or turn homework into teacher

Assessing Accommodations

• Did the accommodation allow success?

• Does the accommodation promote independence?

• Does the child have the skills to request or advocate for accommodations?

• What are the child/parent/advocate/teacher perception of success?

Revised 1999

Individuals with Disabilities Education Act

1975

Education for All Handicapped Children Act

Public Law 94-142

Required All Public Schools (accepting federal funds) Provide Equal Access to Students with Disabilities

Mandated Evaluations and Educational Plans (IEP’s)

RTI

ELIGIBILITY

Adversely Affecting Education Performance

Determined by team of “qualified professionals”

Information required from a variety of sources

I.D.E.I.A

“Some Educational Benefit”

Special Education Law (IDEA) does not require schools to provide “optimal education”, nor ensure

“services to maximize potential”

Not a PLACE but a SERVICE

PRIVATE SCHOOLS

May not receive federal funding (FAPE) IDEA would not apply

If public school places child with IEP, public school remains responsible for service

Cannot discriminate 504 Plan (Civil Rights)

Usually Provided as Service Plans

CHARTER SCHOOLSaka Community Schools

Public, tuition-free schools

Independently-operated (non-profit, university, etc.)

TRICKS OF THE TRADE: PLOP

Joan has trouble with reading and writing, which makes her frustrated at school.

TRICKS OF THE TRADE: PLOP

Joan cannot identify words or comprehend information from her grade level textbooks. She is able to write complete sentences when provided spelling assistance and is most cooperative when provided reminders for capitalization and punctuation.

TRICKS OF THE TRADE:

Goal Driven

Timeframe

How/Context/Action

Measurable

Environment/Where

TRICKS OF THE TRADE:

Goal DrivenPresent Level: John demonstrates significant attention problems affecting motor control and behaviors that influence his ability to complete classwork.

Given a verbal and visual directive to begin a work task, John will complete the tasks within the allotted time period, 75% of the time.

John will demonstrate on task behavior in the classroom with one visual/verbal prompt during 10 minute monitoring periods.

When participating in an undesired or frustrating classroom task, John will be provided one prompt to utilize identified coping strategies and return to the task for 5 minutes, 95% of the time.

Action Words

Use words like Avoid

Use Understand

Identify Appreciate

Produce Notice

Answer Be Aware

Respond

Demonstrate

Report

Self-correct

TRICKS OF THE TRADE:

Supports and ServicesPossible Special Education and Related Services:

____ Speech and Language Therapy ____ Occupational Therapy

____ Physical Therapy ____ Medical/Nurse Services

____ Counseling ____ Psychological Services

____ Transportation ____ Training for Teachers

____ Recreation/Physical Education in a communication device

TRICKS OF THE TRADE: Specially Designed Instruction

Adapting the Content, Methodology or Delivery of

Instruction to Address Unique Needs and

Ensure Access to the General Curriculum

Accommodation

changes how a student accesses information and demonstrates

learning

Modification

changes what a student is expected

to learn

Section 504(Rehabilitation/ADA)

Medical Document of

Physical or Mental Impairment

substantially limiting major life activity

Proposed Education program

provided to

non-disabled?

IDEA

Response to Intervention

Multi-factored Evaluation

Identify Disability

Team Evaluation

Related Services

Individualized Education Plan

(IEP)

Accommodations

Physical Instructional

Individualized Education Plan(Individuals with Disabilities Education Act)

504 Plan (Americans with Disabilities Act)

DescriptionBlueprint (plan) for Special Education program identifying a process of individualized special education and related services to provide a Free Appropriate Public Education

Identifies modifications and accommodations for students with disabilities for Equal Access and Opportunity

Law Individuals with Disabilities Education Act (IDEA) –Federal Education law

Section 504 of Rehabilitation Act of 1973 -Federal Civil Rights law

Who is Eligible

- Students meeting criteria for disabilities categories (13)

- Disability must Adversely Affect Educational Performance and ability to learn in the general curriculum

Physical or mental impairment that ‘substantially’ limits one or more major life activity (i.e. reading, learning, …)

Who Creates the Plan

IEP Members include: -Child and Parent(s)-At least 1 general education teacher-At least 1 special Education teacher-School Psychologist or other specialist to interpret evaluation - District Representative

Team members not specifically identified but “familiar with child, evaluation data, and special service options”

What is in the Plan

State Provided Form listing:- Present Level of academic and

functional performance- Goals - Accommodations - Special Services (length of time) - Accommodations/Modifications- Participation in standardized testing- Amount of time child is included in

general education classes/activities (Least Restrictive Environment)

No Required Standard Form

- Generally lists specific accommodations, supports, or services

- Identifies who provides services and who is responsible for implementation

Parent Notice/Consent

Prior Written Notices for change in services, placement, meetings, or testing“Stay Put” right to keep services in place during dispute

Parent Consent required for evaluationNotify (not specifically in writing) about a ‘significant change’ in placement or service

How often is Plan Reviewed

IEP reviewed at least once a yearRe-evaluation usually every 3-years but determined by team

Vary by stateGenerally reviewed once a year

Resolving DisputesState Education Agency- Mediation- Due ProcessCivil Lawsuit

Office of Civil Rights- Mediation- Impartial HearingLawsuit

Funding/CostsStudents receive services at no chargeStates receive a portion of federal funding for eligible students with active IEP’s

Students receive services at no chargeNo Federal funding sourceIDEA funds cannot be used

Behavior Intervention Plans

Describes Target Behaviors

Identifies Replacement Behaviors

Notes Antecedents that Evoke Target Behaviors

TRICKS OF THE TRADE: Behavior Intervention Plans

Know the State & School Policies

TRICKS OF THE TRADE: Behavior Intervention Plans

Know the State & School Policies

Behavior Plans and IEP’s

Removal up to 10 days = No “Change in Placement”

Manifestation Determination (behavior caused by disability)

Request expedited “Due Process” for placement changes

OHIO: up to 45 days in Alternative Setting for weapon, drugs, bodily injury incidents

Revised 2004

Individuals with Disabilities Education Improvement Act

ENCOURAGES COOPERATION

BETWEEN PARENT, SURROGATE,

ADVOCATE AND SCHOOLS

AGENDA

Respect Boundaries

Clarify Rules – Meet EARLY

Present RELEVANT Facts and Changes

Maintain EVIDENCE

Failing to make requests in writing

Requesting a related service without

assessment/supports for need

Providing the team with documentation and a list of

concerns PRIOR to meeting

BAGGAGE: Anticipating Negative Outcomes

Resources

Resources

Ohio Department of Education www.ode.state.oh.us

Kentucky Department of Education www.kde.state.ky.us

Indiana Department of Education www.doe.in.gov

Office of Civil Rights www.ed.gov/about/offices/list/ocr/index.html?src=mr

Wrightslaw www.wrightslaw.com