Laws, ARD Meetings and Transition Assessment - What do

CTE teachers need to know?

Lakshmi MahadevanProgram Coordinator – CTSP

CenterReviewed May 2008

Learning Objectives

Introduce two instructional modules of knowledge based on needs assessments

Content overview of legal module – IDEA ADA and ARD

Content overview of transition assessment module

Issue

According to the TEA website, over 900000 Texas high school students are enrolled in career and technology education (CTE) classes as of the year 2006.

TEA data also confirm that over 25% of the more than 500,000 special education students in Texas go through career and technology classes every year.

Serving Students with Special Needs

The purpose of CTE programs is to enable students to gain entry-level employment in a high-skill, high-wage job and/or to continue their education.

Given this, students with special needs are often placed in CTE classes to give them the best chance of gainful employment or moving on to higher education.

While CTE programs have demonstrated a great deal of success in achieving post-secondary goals for their students, teachers continue to face difficulties in adequately serving students with special needs due to inexperience and training in the area of special education.

CTE Special Population Needs Assessment

CTE teachers and subject matter experts were asked what their educational needs were in working with special populations.

The educational issues that rose to the top were in four critical areas:

1. Legal Issues

2. Transition Assessment

3. Instructional Strategies

4. Classroom and Behavior Management

Best Practices in Legal Issues

Objective: Acquaint CTE teachers with six laws affecting all those serving students with special needs.Individuals with Disabilities Education Act (IDEA) Americans with Disabilities Act (ADA)Carl D Perkins Career and Technical Education

Improvement ActVocational Rehabilitation Act (consists of Section

504)Family Educational and Privacy Rights Act (FERPA)Elementary and Secondary Education Act (Now No

Child left Behind)

Individuals With Disabilities Education Act (IDEA)

An education act to provide federal financial assistance to State and local education agencies to guarantee special education and related services to eligible children with disabilities.

Who Is Protected?

Children ages 3-21 who are determined by a multidisciplinary team to be eligible within one or more of 13 specific categories of disability and who need special education and related services.

Categories include autism, deafness, deaf-blindness, hearing impairments, mental retardation, multiple disabilities, orthopedic impairments, other health impairments, serious emotional disturbance, specific learning disabilities, speech or language impairments, traumatic brain injury, and visual impairment.

Free and Appropriate Education (FAPE)

This principle assures that all children with disabilities are entitled to an educational experience that mirrors that of children without disabilities. The expenses that support this experience is the responsibility of the public.

“What is ‘appropriate’ is determined by a committee composed of school personnel, family members and , when appropriate, the student.

This committee is often referred to as the IEP (Individual Education Program) committee, but in Texas we call it the ARD (Admit, Review, Dismiss) committee.

The committee ensures that the student's FAPE reflects what is age-appropriate.

Least Restrictive Environment (LRE)

This principle states that a student with disabilities shall be educated with students without disabilities to the maximum extent possible.

Segregated settings should only be chosen when less restrictive options are not beneficial.

The ‘law’ never mentions the words "inclusion" or "mainstreaming" but certainly LRE is a major tenet of it's purpose.

Individualized Education Plan (IEP)

An IEP is a document that is developed by a team that establishes educational practices based on meaningful assessment.

It determines how the student will participate in the regular education environment and the related services and/or accommodations that a student might benefit from (assistive technology, extended time with assignments, etc.).

It also states how the student will participate in statewide assessments.

Appropriate Assessment

IDEA calls for assessment from a multidisciplinary group and the employment of a variety of assessment instruments or techniques.

Valid and reliable tests, including informal assessment such as student, teacher, and parent interviews and checklists, are essential for FAPE to be obtained.

Due Process

Due process means that parents and students, as well as school personnel, are informed about every aspect of the student's educational experience.

Procedural safeguards guarantee that parents are notified and asked for permission to assess, place, and educate their children in any way that differs from a child without disabilities.

If, however, after all these processes are completed and one party is not satisfied, there are very specific procedures to follow that will assure that mediation is available, and/or a fair and unbiased hearing can take place so that a mutually agreed upon resolution can occur. If that does not happen then there are further procedures that will show the families how to access the courts.

Additional Resources

IDEIA 2004 Overview: http://www.pde.state.pa.us/special_edu/lib/special_edu/IDEIA0305%5B1%5D.ppt

Individuals with Disabilities Education Improvement Act 2004: http://www.vesid.nysed.gov/specialed/idea/home.html

CTSP Center External Links Page

Americans with Disabilities Act

A civil rights law to prohibit discrimination solely on the basis of disability in employment, public services, and accommodations.

Who Is Protected?

Any individual with a disability who: (1) has a physical or mental impairment that substantially limits one or more life activities; or (2) has a record of such an impairment; or (3) is regarded as having such an impairment. Further, the person must be qualified for the program, service, or job.

Title I: Employment

The purpose of Title I is to ensure that qualified individuals with disabilities are protected from discrimination on the basis of disability.

As long as the individual is qualified for an employment opportunity, s/he cannot be denied that opportunity simply because s/he has a disability, and must therefore be given the same consideration for employment that individuals without disabilities are given. 

Title II: Public Services

The purpose of Title II is to prohibit discrimination on the basis of disability in all services, programs, and activities provided or made available by local or state governments and their affiliate agencies. 

This is regardless of A) whether they receive federal funding, and B) how many employees they have (i.e., state or government agencies with fewer than 15 employees are required to follow the ADA).  Examples of public services covered by the ADA include:  public bus service government meetings public schools and universities recreation and state parks.

Title III: Public Accommodation

This section of the ADA specifies that no individual shall be discriminated against on the basis of disability in the full and equal enjoyment of public accommodations. 

Title III mandates the accessibility of all services, even those privately owned, and requires that all new places of public accommodation and commercial facilities be designed and constructed so as to be readily accessible to and usable by persons with disabilities .

Examples of "public accommodations" include: Public gathering places (restaurants, bars, movie theaters, etc.) Places of lodging (hotels, motels, inns) Retail stores Social service centers

Title IV: Telecommunications

Title IV requires that telephone companies provide telecommunication relay services.

The relay services must provide speech-impaired or hearing-impaired individuals who use TDD's (Telecommunication Device for the Deaf) or other non-voice terminal devices opportunities for communication that are equivalent to those provided to other customers. 

Also covered under ADA Title IV are Closed Captioning services; namely, televisions 13 inches or more in size must have closed captioning capabilities.

Title V: Miscellaneous ProvisionsAs its name implies, this section of the ADA contains

supplemental regulations that are not explicitly covered in other parts of the ADA.  These topics include (but are not limited to):

State Immunity:  By explicitly stating that states cannot claim immunity from ADA-related legal action, the ADA insures that individuals with disabilities maintain their right to sue any state agency in violation of ADA provisions. An individual can sue the state to make that state comply with the ADA but no damages will be awarded. However, the federal government can sue the state and financial penalties can be assessed

Retaliation:  This provision protects individuals with disabilities who successfully sue a company, government agency, or other entity subject to ADA regulation.  They are prohibited from threatening, intimidating, coercing, or harassing anyone involved in a successful lawsuit, including those who may have testified on the disabled individual's behalf.  

Title V: Miscellaneous Provisions cont’d

Attorney's Fees:  In addition to damages, individuals with disabilities, under the discretion of the judge, can have their attorney's fees awarded as part of the settlement of a successful lawsuit under the ADA.

Coverage of Congress:  Until recently, Congress invoked the right of adhering to Section 504 (1973 Rehabilitation Act) guidelines rather than adopt the new ADA guidelines.  Presently, only the Executive Branch of the federal government uses the 1973 law; both the Judicial and Legislative branches of the federal government are covered by the ADA.

Other Federal & State Laws:  Any other state or federal laws addressing individuals with disabilities can be used under the umbrella of the ADA.   This way, if a federal or state law is developed that is stronger than the provisions outlined in the ADA, these new, stricter regulations can be incorporated into the existing ADA legislation to provide the maximum protection for individuals with disabilities.

Additional Resources

ADA in Texas: http://www.adaptiveaccess.com/guidelines.php

The ADA Q & A Series: http://www.pacer.org/pride/pride.htm

CTSP Center External Links Page

Section 504

A civil rights law to prohibit discrimination on the basis of disability in programs and activities, public and private, that receive federal financial assistance.

Who is protected?

Any person who (1) has a physical or mental impairment that substantially limits one or more major life activities, (2) has a record of such an impairment or (3) is regarded as having such an impairment.  

Major life activities include walking, seeing, hearing, speaking, breathing, learning, working, caring for oneself, and performing manual tasks.

Principles

Does not require that a child need special education to qualify. Note: Students who are ineligible for services or are no longer entitled to services under IDEA (e.g., kids with LD who no longer meet IDEA eligibility criteria) may be entitled to accommodations under Section 504

Principles cont’d

Does not require an IEP, but does require a plan.

"Appropriate" means an education comparable to the education provided to those students who are not disabled.

Placement is usually in a general education classroom. Children can receive specialized instruction, related services, or accommodations within the general education classroom.

Provides related services, if needed.

Additional Resources

Differences between IDEA and Section 504: http://www.ldonline.org/article/6086

Section 504 Resources: http://www.504idea.org/504resources.html

Carl D. Perkins Career and Technical Education Improvement Act of 2006

Uses the term “career and technical education” instead of “vocational education.”

Maintains the Tech Prep program as a separate federal funding within the legislation.

Maintains State administrative funding at 5 percent of a state’s allocation.

Purpose of Perkins IV

The purpose of this Act is to develop more fully the academic and career and technical skills of secondary and postsecondary education students who elect to enroll in career and technical education programs, by . . . Building on the efforts of States to develop challenging academic

and technical standards and to assist students in meeting such standards, including preparation for high skill, high wage, or high demand occupations in current or emerging professions;

Promoting the development of services and activities that integrate rigorous and challenging academic and career and technical instruction, and that link secondary education and postsecondary education for participating career and technical education students;

Purpose cont’d

Increasing State and local flexibility in providing services and activities designed to develop, implement, and improve career and technical education, including tech prep education;

Providing technical assistance thatPromotes leadership, initial preparation, and

professional development at the State and local levels; and

Improves the quality of career and technical education teachers, faculty, administrators and counselors; and

Purpose cont’d

Supporting partnerships among secondary schools, postsecondary institutions, baccalaureate degree granting institutions, area career and technical education schools, local workforce investment boards, business and industry, and intermediaries.

Perkins IV - Career and Technical Education- Definition

The term “career and technical education” means organized educational activities that Offers a sequence of courses which –

Provides individuals with coherent and rigorous content aligned with challenging academic standards and relevant technical knowledge and skills needed to prepare for further education and careers in current or emerging professions;

Provides technical skill proficiency, an industry-recognized credential, a certificate, or an associate degree; and

May include prerequisite courses (other than a remedial course) that meets the above requirements; and

CTE Definition cont’d

Offers a sequence of courses which – Includes competency-based applied learning that

contributes to the academic knowledge, higher-order reasoning and problem-solving skills, work attitudes, general employability skills, technical skills, and occupation-specific skills, and knowledge of all aspects of an industry, including individual entrepreneurship.

Perkins IV—Programs of Study

Incorporate and align secondary and postsecondary education

Include academic & CTE content in a coordinated, non-duplicated progression of courses

May include the opportunity for secondary students to acquire postsecondary credits

Lead to an industry-recognized credential or certificate at the postsecondary level, or an associate or baccalaureate degree

Programs of Study cont’d

Identify and address current or emerging occupational opportunities

Build on Tech Prep, career clusters, career pathways, career academies

Locals must offer the required courses of at least one Program of Study (and can offer more)

ARD Meetings

Attend the ARD meetings - Commissioner's Rules: “The ARD committee shall include a representative from career and technology education, preferably the teacher, when considering initial or continued placement of a student in career and technology education.” 19 TAC Sub-Chapter BB

Ask the committee members key questions.Be aware that such issues as instructional aide can be

provided for at the meeting. Consider signing the IEP document on the back if you

are not satisfied about the program or are concerned with your lack of acquaintance with the child.

Key Questions to ask ARD Committees

1. What disability category qualified the student for Special Education services?

2. Within that category is the student considered mild, moderate, severe or profoundly affected?

3. How does this disability affect the student’s:a. academic performance (reading , writing, calculation)?

b. behavioral performance (defiant, respect for others, noncompliant)?

c. functional performance (following directions, communication)?

Key Questions cont’d

4. What student interest/aptitude measure was used to match him or her to my course?

5. What related services will be available to assist the student in order to make progress in my class and to, therefore, receive a free and appropriate education?

6. What documentation would you advise that I keep and how often should I keep it so that it will be helpful in our next meeting and to assure FAPE?

7. When is the next meeting scheduled to "review" the progress?

Transition Assessment

Objective: Acquaint CTE teachers with the components of transition assessment and methods to match program competencies with student ability.

Importance of transition plan at the age of 16 as required by IDEA.

Formal Assessment

Formal Assessment – standardized, commercially available assessments administered, scored and interpreted by a school psychologist.

Aptitude test – designed to measure a student’s potential for success in an area of study with the key objective of helping the student and the IEP team to match the student’s natural or acquired abilities with career choices.

Interest inventory – measures a student’s interest across basic themes and then compares those interests across various occupations. Results will tell the students how their interest patterns match those of other individuals in specific occupations.

Points to Consider

Not all commercially available instruments are normed for students with disabilities.

Results can be inaccurate because of student anxiety, motivation or other factors.

For a more comprehensive picture of the students’ transition status thorough informal assessments must be combined with formal methods.

Informal assessment

Informal assessment can take place in classrooms, the workplace and unstructured settings.

Methods include Interview with the family, the students, former employers and

others who have significant experience with the student. Classroom or workplace observations. Tryouts, where the student has opportunities for hands-on

experience on the job or in the CTE lab.

Reviews of achievement and behavior records in school. past assessment results. medical records. teacher-made test results (standards-based tests that measure

how well the student is able to perform specific tasks within a course of study)

Measure additional skills

Employability skills – employability skills scales measure Basic oral, reading, math and writing skills Higher order thinking skills such as problem solving and decision-

making. Affective skills such as dependability, attitude, conscientiousness,

punctuality, interpersonal skills, self-confidence, appropriate dress and grooming, honesty and integrity.

Adaptive behavior – adaptive behavior skills’ assessments measure Receptive Expressive Written communication Daily living skills Interpersonal relationships Coping skills, and Motor skills

Appropriate Placement

To ensure appropriate placement in your classes:Attend the ARD/IEP meetingCarry a detailed program descriptionConsider preparing a Basic Skills Inventory

Checklist

Successful Exit

Create Exit Points -An exit point represents achievement of a group of standards that prepared the completer for realistic and available opportunities that include: Continuation to additional training within your program, or Transition into another secondary, post secondary school

program and/or employment.Use a Comprehensive Program Skills InventoryYour inventory should represent:

Standards appropriate for tech prep and other postsecondary articulations.

Your role in TAKS skill development as specified or expected by your school, and,

Local industry validated competencies