Historically, people who are less able are considered less worthy by others.  The people who have the least typicality are hit first when there are educational or governmental cutbacks.  People living in poverty, with disabilities, who are aged or very young are typically not offered the same opportunities as others.  Horrifyingly, it hasn't been that long since we started treating people with special needs in humane and appropriate ways.  These people had been kept in institutions, such as nursing homes, which is a scary place to live, where most of the workers are on the edge of poverty themselves.

Federalism
Federal, state, and local governments share responsibility.  Nowhere in the US Constitution does it say anything about education because that is all left to the states.  Each state legislature made its own rules about education.  Education is very different in each state.

A statute is a law, which is passed by Congress or state legislatures.

Regulations are how to implement what you are supposed to do.

Different regulatory agencies write regulations.

1954 Brown v. Board of Education changed everything. 

When there is a dispute about an interpretation of law, that information is decided by a judge or jury.  The judge or jury apply the given set of facts and interpret the law within that context, within each situation.

Few opinions are written.  All Supreme Court decisions are written.  County cases, for example, are not typically written.  In order to be a precedent, opinion must be written (published). 

The Constitution never refers to education.  State constitutions did.  Education is supposed to be similar in each state.

The 5th Amendment to the Constitution guarantees due process. 

An annotation is when people of note and with credentials make comments on the law.  See scopes of guarantee.  Needs to be done appropriately and justly.

14th Amendment says everyone is entitled to due process.  Section 1 is about equal protection of the laws (last line).

The finding in Brown was that separate is not equal, which comes from the 14th amendment. 

Adults with disabilities are typically not registered to vote.

Cannot take away equal protection without due process.

Disadvantaging characteristics (8) include race, poverty, illegitimacy, gender, disability, narcotic use, alcoholism, history as a convict (intimate knowledge of penal system).  Even these people are entitled to equal protection.

Brown was a civil law suit between citizens and their government.  Brown was a benchmark for civil rights and education.  Brown was 4 cases, which the Supreme Court heard as one case (Kansas, Delaware, etc.).  Rights and benefits were denied. 
1.  US Constitution is still in charge.
2.  Education issues are essentially political policy  (e.g., NCLB-poor achievement) social issue cast (e.g., faith based initiative) as constitutional issues (equal opportunity) and resolved by courts (has hit courts in some place).

Separate is unequal -- allowing children to go to school with nondisabled peers.  After 1954, the federal government began to step in.  All laws can be tested in court.  The sate, local and federal are 3 parallel judicial systems.  Regarding Districts, there are 11 circuits, and MO is 8 and KS is 9 Circuit.  If decision is made in one circuit, doesn't have to apply to other districts.
Once the federal government started throwing $ in education.  Originally, the feds committed to special ed funding at 18%. Virginia briefly lost special ed funding.  If state and local agencies do not comply or are in conflict, they can lose federal funding.  Gifted ed is not part of special ed although KS and some other states include gifted ed.  A state can go beyond (more), but can't be in contradiction of federal laws and regulations.  Cannot do less. 

Law is all grey.

See Brown v. Board of Education Handout.

1.  Dispositive (controlling) facts?  An African American student was denied admission to white schools.  Fact is an indisputable issue--may be seen from many ideas.  AA child lived in integrated neighborhood was seeking admission to neighborhood school.  School wanted to bus her past neighborhood schools.
2.  Case was about denial of equal protection of law as guaranteed by 14th Amendment.
3.  Issues of law court must resolve.  Does equal protection violate?  Can separate but equal be (Plessy v. Ferguson).  Does segregation deprive minority group child of equal education.  Does segregation violate equal protection doctrine?
4.  Court's holding  was that decision purely on basis of race is a denial.  Separate but equal has no place in public education.
Brown holding happened , it went back to court twice, took ten years before anything really happened.  It took 21 years for first disability act.  People try to pretend special ed doesn't exist because it's messy.

HISTORY Session 2

Pennsylvania Association for Retarded Children v. Commonwealth of Pennsylvania (PARC)  Children were banned from school.  State caved in and allowed.  All students means all students based on the 14th amendment.
 

Mills v Board of Education of then District of Columbia came after PARC.  African American children  were excluded from public school on the basis of their emotional/behavioral handicapping condition.  School said it couldn't afford to provide services, but the court said they have to.

Hendrick Hudson School District v. Rowley
Child born of deaf parents.  Child needed FM transmitter.  Parents wanted sign language interpreter.  Adm Hearing then District Court, Supreme Court.  Student was progressing.  Out of this case, students are entitled to an appropriate education, not the best possible.  Everybody gets a Chevy.  Administrative hearing is same thing as due process hearing.  Administrative law judge ALJ is same thing as hearing officer HO.  Rowley Benefit standard:  The Supreme Court decided that a disabled child's education must be comparable with that offered to nondisabled children, not the best available.
1.  Some educational benefit must occur.
2.  Interpreted case-by-case.
3.  More than 'trivial' progress.
4.  If no progress in 3 years and the student continues to fail, it is not considered an appropriate education.
5.  If skill regression and increasingly problem behavior persist, it is not considered an appropriate education.

Must receive some benefit.
9 times out of 10 , the parents see school as expert.  But we need to ask and highly regard parent's views.  Until late last fall, if parent won due process, parent entitled to collect attorney fees.  Baltimore School District.  If District prevails, they can collect attorney fees.  Missouri cases are down 50%.  Down 30% in New York.  Mediation and resolution hearing are working.

1.  ZERO REJECT  Can't turn anyone away for any reason.  Everyone gets to go to school.  The 14th amendment is equal protection.  If do it for one person, must do it for everyone.  Brown PARC, Mills were cases supported zero reject.  Brown established where.  Integrated public school.  PARC and Mills established that all students will be educated there.  Keeps student in school.

2.  NONDISCRIMINATORY EVALUATION  In order for a child to be eligible, need to be assessed with appropriate assessment.  If a disability, parent must give consent for testing or go to court.  Assessment of the child is broad (hearing, vision, medical, records, decoding, etc.)  Language and culture sensitive assessment is crucial.  The language is the one the student is most comfortable with, which is a huge improvement in the new law.  One cannot use a single measure.  For example, a student with MR needs IQ and adaptive skills qualification. 

3. FREE INDIVIDUALIZED & APPROPRIATE EDUCATION (FAPE) Appropriate for child.  Rowley.  Includes specially designed instruction.  Document that defines is IEP.  Often there is a generic piece.  Recommend parent bring a friend or family member for support to first IEP meeting.  Put DRAFT across top of preliminary IEP.  Give to parents in advance.  The team consists of (1) someone qualified to interpret assessment (2) sped teacher, (3) a parent (50% of decision is parent, 50% is school), (4) gen ed teacher (show gen ed considered), (5) administrator (authority to commit resources) (6) any related service providers providing services, (7) any outside agency if involved, (8) the student particularly if 12 or over, (9) anybody else anyone wants to bring (except attorneys are not recommended).  Typically with the student, bring in and then leave early because it's hard for student to listen to adults talk about him or her. 

Dr. Linas attended one team meeting with 40 people there.  "This is what we're going to do" part of IEP is a legal document, BUT NOT a contract.  Under IDEA, not legally responsible for child's achievement.  Take honest data when in double.  Observation is the SPED teacher's best friend.  You cannot call and warn parents because diagnosis comes out of IEP meeting.   When oldest or only child, the parent has no basis for comparison.

4.  LEAST RESTRICTIVE ENVIRONMENT (LRE) General education.  LRE to maximum extent appropriate with nondisabled students.  AFTER evaluation is completed, then decide if student can make it in the regular education classroom.  IDEA presumes general education classroom is the LRE.  School districts are thrilled because SPED costs $.  There are districts who will find a way to make the general education classroom work for students with special needs.

Requirements:  everyone goes to school, prevent misclassification, prevent inappropriate education, reduce restrictive placement, take care of due process--will happen at the time, help alleviate problem of lack of parental involvement. What harm can come from NOT being in gen ed setting?  Important to consider what students will lose.  The team must justify why student doesn't belong in gen ed classroom and what % of time removed from gen ed (maximum extent..."

Important to reduce a person's freedom by "Least drastic means."  Goal is to get an education, want to interact with nondisabled kids.  In the past, reg. education wasn't considered, but now it has to be. 

Separate SPED class is separate, but unequal.  Fair is everybody getting what they need, not necessarily the same thing.  To make a decision, consider what is the needed environment for the child to succeed, and to what extent are they free to interact with nondisabled peers. 

Daniell RR v State Board of Education created a two part test:

• Can gen ed with support work? 
• Is the student mainstreamed to the extent possible?

5.  PROCEDURAL DUE PROCESS  Notification and legal process.  Legally mandated procedures.  "Fair processes tend to produce acceptable, correct and fair results."  School can ask for appt.  Parent can request copies--school has to provide and can charge $1 a page.  To make sure no documents are lost, can supervise parent viewing of file.  Parents have to be notified in a language they can read and understand.  Mediation process is binding if signed.

PARENT AND STUDENT PARTICIPATION  Parents and students required by law to participate in IEP.  Educators are not in charge of the child.  It's not our child.  Don't go over the emotional boundary. Because parent supporting the child, parent is entitled to everything.  Parent is responsible in all ways.  Day child turns 18, the child is responsible (although MO is using age 16 in many cases).  No one can disclosure anything that is vaguely confidential.

Zero Reject:  Not allowed to be excluded.  Mills/PARC cases.

FAPE:  Free appropriate public education.  An appropriate education, not the best or perfect, based on your need.

Nondiscriminatory Evaluation:  Multiple assessment, language in which child is most comfortable.  Valid (tests does what it says will do and can prove it), and given by a qualified person.  SPED teachers never give IQ tests.  A person qualified to give IQ tests has to do so regularly to keep up skills after the initial 150 hours of supervised testing to get qualification.

Least restrictive environment:  Environment where student can be appropriately served.  Start with general education--the presumption.  Must be capable of learning in that classroom.

Student coming into a new school district continues with requirements of old IEP.  Talk to parents, then can do additional assessment and write a new IEP.

Procedural Due Process --14th amendment is the basis.  Purpose is so if school or parent disagrees, there's a method for conflict resolution.  Our job is to teach students, not save them.

There are services called other things, like an "intervention."
Team needs to consider a number of things:
1.  Evaluation results.
2.  What parents want, their concerns.
3.  Student strengths (use a strength to remediate). 
Must happen within 60 days of evaluation.  The clock starts with the written consent for evaluation.
Parents are equal partners to the school.  50% parent 50% school.
p. 287 PLAAFP

Goals must be measurable:

• social goals

• functional goals

• behavioral goals

• academic goals

Goals measure progress for one year (annual goals).

Benchmarks not still required except for any kid who takes an alternative assessment.  Good for teacher to do on own notes.

MAP-A  Alternative assessment.

Kids with 504 plans--NOT alternative assessment.

1% of students in state can take alternative assessment.

Purpose of related services and equipment

• attain goals
• progress in gen ed curriculum
• participate in extracurricular activities (New-districts are upset.  Transportation is becoming a  huge piece and cutting because of the expense.

School districts don't suggest options they don't provide.

Autism advocacy parents are usually best informed and expert beyond educational professionals.

New-SPED services are based on scientifically tested, peer reviewed strategies, starting to see articles now aligns with NCLB.  [Center for Research at KU.  ED CRL? Learning on Learning.  Deshlet and Schumaker are researchers.]

Aligns with NCLB.

Report IEP progress to parents quarterly or whenever report comes out.  Whenever reporting goes out to everybody else.

Good productive ideas on working with SPED kids:  CEC http://www.cec.sped.org//AM/Template.cfm?Section=Home  

When parents refuse to participate IN WRITING then don't have to deal with parent.

Look at DESE forms.  Whatever school district is using is less complicated than DESE.  No one uses DESE forms, but it includes everything.

First page of IEP. 

Present level of academic achievement and functional performance:  Be specific and include data.  Give general background, then paragraph on each.  Each paragraph becomes a goal.  7 paragraphs = 7 goals.  More complicated, the more goals you'll have.  Take notes and turn into narrative.

Notify 1 year before 18th birthday, services until 21, parent probably needs to be involved.  Keep data in file to back up IEP.  Keep as long as coordinator says to keep.  Litigation can go way back (until 21).

Based on DESE format of the form.  Address all items on the page.

Data

Strength of the child.

Concerns of the parents

Etc.

If there is no district assessment:  No district grade level assessment.  Can’t leave it out.  Can say “not applicable.”

K-2, No MAP testing at grade level.  Be sure to fill that in.  Critically important.

SEE RUBRIC and USE THE HEADINGS.  Make it easy for compliance officer.

Changes in functioning have occurred in the areas of ….  Formerly this was happening, no based on test and teacher data, this is what is happening.

Summary of re-evaluation results:  If you have a kid with an IQ of 65.  If adaptive skills are good, then he may not qualify as MR.  Only are required IQ test is for MR.  If kid is doing great later, may want to re-evaluate the child because he’s improved his adaptive skills.  Or if adaptive skills changed, may want to re-evaluate.  If you start to wonder a few years down the line, may be worth repeating.  IQ test must be one on one by certified tester.  No IQ test is a group test.  Special ed teachers do not administer.  Almost none of us, unless doctoral level and certified.  IQ is stable within 10%.  Hard test to give. 

All you can report is formal or informal evaluations, informal reading evaluation,  and assessment. 

NOTE:  SPED teachers take data all the time; classroom observation are NOT assessment.  Received something from a psychologist, an anger management scale, for example—that would be appropriate for a kid with behavior disorder—normally not much testing.  Usually learning disorder kids, get tested.

 Classroom observations would go in  the first section probably.

Strengths of the child:  every child has some.  If you haven’t found any, talk to them again.  What are you good at?  What do you like?   What do your friends like about you? 

You never know to which student you are a role model, so you need to hold it together the whole time.

 General information:  ALL areas of need.

 Is there are paragraph dealing with each area of need?

Session 5

Information from the Conference

An agreement is not consent.  Need informed consent from parent of what you need and why.  Tell how will evaluate and WHY.  Everybody is afraid to say why because afraid parent will be upset.  We don’t know your kid has a disability.  Parents are in denial before and after testing.  Not really informed consent if you don’t tell them why.  There are a couple attorneys in this state, which are big on going to due process over informed consent.  Need a parental input piece up front.  Do what your district says.  It’s important to know the way the game is supposed to be played.  Write everything down.  Keep records as best you possibly can.  There are some things that shouldn’t be written down, however.  Indicating “Personal log” would not necessarily hold up.  When they request everything you have, they mean it, including email messages (e.g., 60,000).  Can take everything out of your room and you can’t do a thing about it.  If it involved other kids, then it may hold up.  Can exclude communications with an attorney, but that’s about it.

Implementation due date must be the same year after year.  Staying on top of all this stuff is an enormous job.

IEP

Procedural safeguards need to be sent out every year.  17 pages (single spaced, in a “language they can understand”), sending to the districts, who will send to parents by end of Oct.  Must keep a log of who you send it to.  Could go out from district or could go out from the building.

Everything affects everybody, all states.

1. Before and initial evaluation.
2. Change of placement due to behavior al incident (manifestation determination), student excluded from school for more than 10 days. 
3. When a due process complaint is filed, but in this case, go out from the state.
4. Annually.

A resolution conference is required. 

FAPE Chapter

The most important thing in SPED is providing free appropriate public education.  Appropriate is meets needs of the particular student, make progress and get meaningful benefit from that education, where they get what they need, doesn’t have to be above and beyond.  All about the individual.

Trivial progress is not acceptable, must be significant progress based on the child and their ability.  Progressing a little is okay if that’s significant for that child.

The purpose of the IDEA is to provide an education with meaningful benefit to eligible students with disabilities.  This is done through the provisions of FAPE.  The means if the IEP.

Related Services

Related services are not done in regular classroom—speech therapy, transportation, etc.  Not direct educationally related services, but supplementary services, without which the child could not receive FAPE.  If kid needs hearing aid, the school district may have to provide.  Must be an external thing—If you have to do an incision, you cannot provide as an educational service. 

With the new law, extracurricular activities are part of FAPE and districts are required to provide related services.  Everyone expects this will be litigated.  School must provide transportation for the math competitions if in math club, for example. 

Section called “comments” it’s pretty clear that meaningful education provides ALL aspects of education.  We will start hearing some of this from parents.

Lovass Therapy  A method of discrete trial therapy training, effective with young children with autism spectrum disorders.  30 goals during brushing teeth.  Works for some, doesn’t for others.  Very intensive.  Need 30-50 hours a week for it to work.  When a child hits a certain age, doesn’t really work.  Lovass works, but not the only thing that works.  If the district offers a program, needs to be offered appropriately.  Lovass is a stand alone program.  Typically done in the home by someone who comes in.  Some districts do offer Lovass.

TEACH is a North Carolina program that works for kids with autism. 

Very expensive no matter which way you go for little kids. 

Autism specialist is usually at EdS level at least, with lots of training.  Very expensive.

ANNUAL GOAL
Each goal must have four components:  behavior, condition, criteria, timeframe.

Behavior:  Info that identifies the behavior that will be monitored.  Must be observable because you can’t take data on something you cannot observe.  Related to appropriate general education curriculum.

Information for the goal has to be in present level statement.  “The student will write ten spelling words.”  “The student will submit assignments.”  Can reflect a skill.

You can change the order, but all four pieces have to be there.

Behavior:  What student needs to learn, do, accomplish. 

Condition:  under what circumstances.  Includes how much support, materials, settings.

Criteria:  How much, how often, to what extent, where does student need to be a year from now.  Could use data days, a percentage, a measurement.  “On five of five consecutive days.”  Percentage.

Timeframe:  When is this going to happen.  Give date, how many days, end of school year.  Maximum is a year.  By end of 2006-2007 school year.  How much progress expected within the coming 12 month period.  IEP lasts one year and this is for the IEP.  This is where the kid will be in a year.  If the child meets it and does it sooner, then goal met and don’t need to work on that goal any longer.

We write short term objectives/benchmarks for students who take short term assessments.  Not required by law for everyone.  Individual teacher probably wants to write their own short term objectives/benchmarks.  Short term objectives AKA benchmarks.  Short term objectives are the steps it will take to reach the ultimate goal.  So PLEP and PLOP PLAAFP  are all the same-PLAAFPS, which is the same as present level.  What to look at academics and functional performance as well.

STO=Short term Objective.  Break down by skill and time.

STO 1:  First he will use prewriting and you will be able to understand his papers with 80% accuracy.

STO 2:  Next he will edit his papers.

Put annual goal at top or bottom, just make sure you clearly mark it.  This will be determined by the district form.

 -------------------------------------------------------

MARTY EXAMPLE

Reading Goal:

Timeframe

By 10/4/2007,

Behavior

Marty will be able to decode words with 3-4 syllables

Condition

during oral reading in the resource room.

Criteria

with 80% accuracy.

THIS IS WHAT THE WHOLE THING OF WRITING IEPs IS ALL ABOUT.

One grade level is reasonable, although not necessarily attainable.

Behavior

Marty will increase his reading comprehension level

Criteria

to a 2.1 grade level.

---or to 90% accuracy

Condition

using district approved reading curriculum

---or based on Informal Reading Inventory data

Timeframe

by 10/4/2007.

------Rubric is not finished yet----------

IEP Goals and Objectives Assignment

·   Using the “Brad” Present level information provided in class, write appropriate annual goals and short-term objectives for the student.

·   All goals and objectives must form a unified whole as they would in a student’s IEP

·   Refer to the Missouri DESE IEP ‘Goals form’ for additional information if needed

·   DO NOT write your goals or objectives on the DESE form

·   Note IEP meeting date

Include:

1. All necessary annual goals based on the PLAAFP

   1. Each area of need noted in the PLAAFP must be addressed in a goal although some areas may lend themselves to a combination goal

   2. There is no ‘absolute’ number of goals required

   3. All goals must be written in correct format based on information provided in class

2. Short term objectives must be provided for TWO goals

   1. Must be reasonable based on the PLAAFP

   2. Written in correct format based on information provided in class

3. How the student’s progress regarding each goal will be measured

   1. Specify measurement tools/methods

   2. Specify measurement periods

4. When and how progress will be reported to parents/guardians

5. Clarification comments

FORMAT

Written work will be typed, double-spaced, use 11-12 point Times, Tahoma, or Arial font, and have page margins no larger than 1.25”. Written work will be evaluated for composition and grammar. Cite all sources using APA format.

IEP Goals and Objectives Assignment

·   Using the “Brad” Present level information provided in class, write appropriate annual goals and short-term objectives for the student.

·   All goals and objectives must form a unified whole as they would in a student’s IEP

·   Refer to the Missouri DESE IEP ‘Goals form’ for additional information if needed

·   DO NOT write your goals or objectives on the DESE form

·   Note IEP meeting date

Include:

1. All necessary annual goals based on the PLAAFP

   1. Each area of need noted in the PLAAFP must be addressed in a goal although some areas may lend themselves to a combination goal

   2. There is no ‘absolute’ number of goals required

   3. All goals must be written in correct format based on information provided in class

2. Short term objectives must be provided for TWO goals

   1. Must be reasonable based on the PLAAFP

   2. Written in correct format based on information provided in class

3. How the student’s progress regarding each goal will be measured

   1. Specify measurement tools/methods

   2. Specify measurement periods

4. When and how progress will be reported to parents/guardians

5. Clarification comments

FORMAT

Written work will be typed, double-spaced, use 11-12 point Times, Tahoma, or Arial font, and have page margins no larger than 1.25”. Written work will be evaluated for composition and grammar. Cite all sources using APA format.

 --------------------Write this:-------------------

Goal 1:--------------------

• STO 1

• STO 2

• Progress toward this goal will be measured by ________________. Quarterly reporting will align with regular reporting periods.

Session 6

Nondiscriminatory Assessment:  Oct. 3  SPED 506.

Language needs to be the one the child is most comfortable with.  Book is wrong.

The school district where the child goes to school is responsible for assessment (according to regs).  If kid lives in DeSota, but goes to school in KC, MO, then KC, MO is responsible.  Makes child find more difficult.  This is new.  There was a double dipping issue.  Book is wrong.

See 252.  MDT (CARE or building team) members differs from school to school.

254-255:  Table is a good study tool.  Accurate and lots of information.

Under guise of referral instead of writing IEPs.  See p. 257:  It is important, however, that prereferral interventions not have the effect of delaying the referral of an eligible student. 

RtI is preferral and assessment.

This will be tested in court if intervention delays service.

You need multiple assessments.

Parents are intimidated by teachers.

RtI:  Response to Intervention.

You cannot base determination on language.

p. 259 table at top is worth noting.

Validity:  tests what it’s supposed to test.  Not an off label test.  Using Benadryl as a sleeping pill is not the intention.

Administered by trained personnel.  Even if know how, cannot give it unless certified based on the test manual specifications.

What you evaluate is what the student knows, what his capacity is, what he CAN DO.  The goal is to reach capacity.

 Larry P v. Riles:  Can’s us IQ test for African Americans for mental retardation without court approval.  District Court.  This leads to disproportionate representation.  Rejected social economic explanation—but today we know it has validity in new literature that is emerging.  Poverty will depress IQ scores.  Low SES and poverty—child is culturally deprived in terms of experience.  Appellate court affirmed.  Because not a Supreme Court case, other districts don’t have to follow.

PASE v Hannen 1988:  Previous case reversed because of an item analysis.  488 items, 9 potentially discriminatory.  Stanford Binet has one item:  Which one’s prettiest.  WISC:  What is the color of rubies?  What is the meaning of COD.  Why is it better to pay bills by check than by cash? Etc.

In terms of parents getting an independent evaluation.  If parents don’t like the evaluation, the parents can say they want an independent, then district pays.  If says same thing, parent reimburses district.  If independent says child is eligible but school doesn’t serve, can go to due process

IDEA 2004 allows amendments, which makes everyone happy.  You don’t have to convene the IEP team to make a change, you just have to get everyone to agree and sign off.  Plan A isn’t working, this is what we want to try to Plan B, and with approval from everyone, can go ahead.  Each district has a form.

Stranger Test:  Any sub can walk in and teach from it.

If teacher isn’t fully certified, highly qualified, the parent can fight the placement as not appropriate instruction..

If you have 15 areas of need, you need 15 goals.  “I’ve seen 300 page IEPs.”  You could have 100 goals with a student with autism, where everything is separated out.  Need to look at WHY child is not meeting goals.  Maybe the goals are too ambitious.  Don’t drop the goal because he’s not meeting it—need to involve rigor, quality instruction, and make it attainable.

From:  http://www.coun.uvic.ca/learn/program/hndouts/bloom.html

Bloom's Taxonomy

Benjamin Bloom created this taxonomy for categorizing level of abstraction of questions that commonly occur in educational settings. The taxonomy provides a useful structure in which to categorize test questions, since professors will characteristically ask questions within particular levels, and if you can determine the levels of questions that will appear on your exams, you will be able to study using appropriate strategies.

Often kids with disabilities are unrealistic about goals.  "That's a great goal.  Right now you can't do that, so let's look at what you can do until you get to that point."

 By age 16, a transition plan including adult
services should be developed:
 
·   Must be based upon the needs,
preferences and interests of the student
 
·  The focus must be on the desired post school
outcomes for the student

Include specific transition services including
the need of adult agency services

Have to know which agency does what.

Guiding Principles of the Transition Process

1.     Transition efforts should start early.  Start unofficially, if school will let you start early, start early.

2.     Planning must be comprehensive.  There's lots of preplanning.

3.     Planning process must balance ideal with what is possible

4.     Student participation is essential.  You may or may not have a problem.  Kids typically don't want to attend their own IEP meeting.  Preplanning needs to include student so he or she knows what to expect.

5.     Family involvement is crucial \The transition
planning process must be sensitive to diversity.  The students have many different cultural perspectives, for example, regarding what is acceptable.  This is a great place to let the parents take the lead because they know what is culturally acceptable.  Include the parents in survey and interviewing.  Never assume the parents are just like me.  Be sensitive to that.

6. Everyone uses supports and services, including students who are nondisabled.

7. Community-based activities are important.  Kids with disabilities are socially isolated when they get out of school.  Stay in special Olympics, for example.

8.  Interagency commitment, cooperation, and coordination
must be involved  Doesn't happen by itself.

9.  Timing is crucial if certain linkages are to be made and a
seamless transition to life after high school is to be
achieved.  Can't wait to apply to adult agencies because the waiting lists are so long.  Angie's students start applying at age 12.

10. The transition planning process should be considered a
capacity-building activity.

11. Ranking of transition needs must occur.

12. Transition planning is beneficial to all students.

Recommended Practices in Transition

·      Vocational training
·        Parent Involvement
·        Interagency collaboration
·        Social skills training
·        Paid work training
·        Follow-up employment services
·        Integrated settings community-based instruction
·        Vocational assessment
·        Community referenced curricula career education
curricula and experience
·        Employability skills training
·        Academic skill training

Banks & Renzaglia, 1993; Kohler, 1993; Kohler, DeStefano, Wermuth, Grayson & McGinty, 1994)

Socially validated Procedures

·  Identify and provide social support
·        Identify environmental support and provide
environmental changes
·        Promote acceptance
·        Observe the student’s opportunities for choice
·        Provide choice-making opportunities
·        Identify the student’s strengths and areas needing
support
·        Teach self-management
·        Provide opportunities to learn and practice social
skills

(Hughes et al., 1997)

For each goal:

When surrounded by new people or situations (condition) Mary Ann will comply with teacher instructions (behavior) 100% of the time with no more than 1 verbal or physical adult prompt (criteria) by 10/17/07.  

During structured and unstructured time, Carly will display proper physical contact with her peers (e.g., no hitting or pushing) 100% compliance for a three hour period, with no more than one verbal or physical adult prompt by 10/17/07.

During unstructured and structured activities, Carly will exercise self-control by participating appropriately (keep hands/body to herself, using quiet voice, waiting her turn) with no more than 1 inappropriate incident in a school day on 2/3 data days by 10/17/2007.

First short-term objective:  During structured activities, Carly will exercise self-control by participating appropriately (keeping hands/body to herself, using a quiet voice, waiting her terun) with no more than 2 inappropriate incidents in a school day on 3/5 data days by 12/15/2007. 

STO 2 Second short-term objective:  During structured and unstructured activities, Carly will exercise self-control by participating appropriately (keeping hands/body to herself, using a quiet voice, waiting her terun) with no more than 2 inappropriate incidents in a school day on 3/5 data days by 3/15/2007. 

STO 3 During structured and unstructured activities, Carly will exercise self-control by participating appropriately (keeping hands/body to herself, using a quiet voice, waiting her terun) with no more than 2 inappropriate incidents in a school day on 3/4 data days by 5/15/2007. 

STO 4 During unstructured and structured activities, Carly will exercise self-control by participating appropriately (keep hands/body to herself, using quiet voice, waiting her turn) with no more than 1 inappropriate incident in a school day on 2/3 data days by 9/17/2007.

This gives one month to modify before end period. 

Short Term Objectives.  You have something you can modify.

BE ABLE TO SEE THE PROGRESSION.

When given a directive by an adult, Mary Ann will comply with the rule or requested directive within 10 seconds with no more than 1 physical or visual prompt 90% of the time on 2/3 data days by 6/01/07.Transition in unstructured activities is the highest rate of inappropriate behavior.

Could reduce number of incidents.
Could tackle by type of behavior.
Could do in one setting, then another setting.
Try to do for one hour, then two hour, then three.
The right one is ALL!  Need to be logical, sequential, have instruction to back them up, and have FAPE, all are correct.

During social opportunities with peers, Joan will work cooperatively (sharing, appropriate words, turn-taking) with no more than 1 prompt per turn-taking) with nor more than 1 prompt per opportunity on 3 consecutive data days, by 6/1/07.

Student progress will be measured by checklists, teacher data, or behavior charts. 

Progress will be reported to parents quarterly. 

-------------

Given a page from the math text. . .

Given sequencing activities.  .

Given reading comprehension materials. .  .

IEP Goals Assignment
Common mistakes:  Didn't write date of IEP meeting.  Didn't include how data would be measured on the goal.  How it would be reported to parents for ever single goal.

Given the assignment of a fll chapter from her science textbook, Angie will read the chapter independently and answer all of the chapter questions independently with 90% accuracy by 10/17/2007.

When given a combination lock with a combination number (3 numbers in the combination, none exceeding 2 digits), Robert will be able to dial all three numbers of his lock combination correctly and open the lock independently in 4/5 trials by 6/1/07.

1.  Teach how to hold/grip the lock.

2.  Locate and turn it to the first number.

3.  How to locate and turn it to the next number.

4.  Locate and turn it to the next number.

5.  Open the lock.

Detail it, do NOT operationalize it.  This is NOT a task analysis.

Do as many objectives to in order to get where you need to go.

Details will help teacher remember what child can and can't do..

SELF-DETERMINATION

PROMOTING SELF-DETERMINATION

Person-Centered Planning--Good concept but rarely used because time consuming and labor intensive.  The emphasis is on the process, not the outcome. 

Published Person-Centered
Planning Programs

Person-Centered Planning Approach
(Marrone, Hoff & Helm, 1997)

• School

• Mall Park
• Vacation

Preferences

Need assessment and goal for each of these four areas.
4 areas if transition in the DESE forms. 

Given appropriate training, Robert will be able to identify three careers that interest him.

Age appropriate transitions related

Transition

Education  Teacher data, grades, achievement scores, curriculum based assessment, transcript review (what courses has child taken and what has it prepared them for)

Employment:  Interviews, interests, OT stuff, on-the job skills, observation/data collection personal hygiene

Independent Living:  Adaptive skills test, look at assessment of daily living skills, observation, curriculum regarding functional math skills (make change, know what insurance is), taxes.

Look for a couple assessments in each area that make sense. 

Transition assessment is required.

Provide more than one for each area. 

Training:  Adaptive skills, aptitude, vocational assessment, observations, work trials, interest surveys.  The assessment needs to be done before you can write reasonable goals.

If a child is on medication, the assessment is invalid.  PIAT was originally an IQ test, but is really a language assessment.

Sammy case. 

Legal problem that she was never informed that the alternative school made him inelligible for special ed. .  Fails to meet parental notice, procedural safeguards.  Only allowed to be suspended for 10 days and was suspended 21.  He didn't get the services he was supposed to get.  Denied FAPE.  LRE denied because they denied FAPE and he ended up in a more restricted environment.  If you were the director of special ed and this case were put before you, what would you do?  Give the mother everything she wants!  Extended school year, school until age 21.  Don't want her to sue.  Protective services is advocating for her son.

Some alternative schools don't have to provide special education services.  The parents are provided notice that there are no special education services.  The kids don't have IEPs however.  DeLaSalle is a nonprofit and not a charter.

Sammy has significant issues.

16 years old. 

You want a verbal and performance IQ scores to be similar, not more than 1 SD apart.  If 2 SDs apart, you're looking at a learning disability. 

The scores for Sammy suggest a low average capacity.

Sammy is pretty consistent.

Grade equivalent is a garbage score.  Just compares to kids at same grade level at extremes of bell curve.

Decoding problems, sight word problem based on lower reading recognition scores.  He has issues in actual act of reading, but comparable for reading comprehension.

For Sammy's reading, looking at late elementary for reading level, not high school.  Decoding compares to reading recognition score.  Spelling even worse.  Arithmetic still not good.  Sammy is well below where we think he should be.

Appears to have poor listening skills--don't know where it came from.  Perhaps from IQ subtest.

IQ subtests--go to WrightsLaw.com  Great place to read the IQ testing info before PRAXIS.  Will tell you what all the subtests measure.  Unless you do it all the time, don't remember what the subtests mean.

Kids with learning disability who have not reached potential look just like BD problems.  He should continue to receive services for a learning disability.

We don't know what he's interested in.  For transition, we need to do an interest inventory, ask him (interview).  Need to ask questions.  There are courses offered through high school transition programs where kids are placed in real and fake work settings.  Kid will be in a worksite a coup-three weeks, then move to another, and so on during the school year (work experience).  Often needs more top down scope and sequence curriculum.  Ask Sammy what appeals to him.  What do you want to do.  Will do some additional assessment.

When kid graduates or ages out or drops out, it's over.  Case by case decisions often according to the intensity of the child's need.  Always a case by case determination.

Sammy needs more assessment.  See information below. 

Get driver's license and drive.  *Be a UPS delivery driver.  Maybe a house painter.  Math skills low.    House repair person.  Auto repairs.  Jiffy Lube.  There are a lot of levels. 

Look at DESE form.

Ideas:

TRAINING:  Take a course in driver's ed.

EDUCATION:  All the courses at the high school level.  If driver's ed is offered, for example.  Core academic subjects.  Auto mechanics.  He's still in high school.  If we were sending him to a community college for auto mechanics.

There's a driver's test and you have an IEP, you can take a nonreading driver's test. 

INDEPENDENT LIVING:  Adult agencies.  Job training program.  Read through the list of adult agencies.   Useful items might be to learn the area.  Read roadmaps.  Operate a GPS system.  UPS has GPS system in trucks.

High school auto mechanics.

EMPLOYMENT:  Work opportunity survey:  Supervised work opportunities to practice and explore.

SIDEBAR:  GED--Basically need an IQ of 100 or above, won't pass.  Much to difficult now.  Algebra, writing, essay, etc.

Given a driver's education course with necessary accommodations and modifications, Sammy will pass with a 75% score which will enable him to earn his driver's license in 1/1 trials by the end of the course.  [All the same parts as an IEP goal.  Transition goals focus on transition.  IEP goals focus on education.]

See page 15/18.  Progress toward the goal will be measured by driving skills, no comments.  Comments go out when all the other students get their report. 

When using an outside agency, WRITE SHORT TERM OBJECTIVES so you know what will be done and you can create reports from the data.  Most agencies are set up to do this.  The agency rep becomes part of the team.  With short term objectives and time line, less lost in the shuffle.

Given a road map of the community in which the child lives, Sammy will be able to plot a path between two addresses with 80% accuracy 3 of 3 trials by Oct. 31, 2007 [next IEP date].   [Kid is at zero now.  This is a huge goal starting at square one.  Can go to a higher level next year.  Try to be vaguely realistic.]

The ultimate goal is to become employed.  Trying to get him into a position where he can become more employable.

Third goal would be the auto mechanics course to give hands on experience because potential employment thing down the road.

INDEPENDENT living could be the driver's license.  As long as you support the category, the item can go in many different places.  One team could say driver's ed is training and another could say it's independent living.  One item could appear in more than one place.

Just put what you need in there.  A kid going on to college, under education, may be an SAT course provided by Kaplan.  Only use what you need. 

You have to have a transition goal.  Put all the info down about that goal as related to training, education, employment, independent living.

Articulation/ intelligibility
Given a structured or unstructured classroom setting, student  will increase meaningful communication interactions by (insert objectives here) within his educational setting to __ % over _ consecutive trials as measured by clinician/teacher observation, other informal assessments and data collection. http://speechteach.org/iepgoalbank.aspx

See handout

No Child Left Behind

Don't need to compare IDEA and NCLB.

Reauthorization of ESEA

178 Goals 2000 out of governor's conference.  Clinton a primary author.

The guts of the law for what we do is Title 1, we're all involved in title 2 and involvement varies in other titles.  Title I school is a school where a percentage of students lives in poverty (one marker is free and reduced lunches).

Title I:  The lower the achievement and lower the income, the higher the student is on the priority list.  Take disadvantaged students and get them to acceptable levels.  Not worried about high performing and high SES students.

Reading First is the title of the program p. 184 under the law, not a specific curriculum.  State creating goals means state plan.  When talk about grants to states, they're talking about funding.

Title 9 general provisions p. 187 title 9, third line, CONSULT

Laws have strange things included in strange places.  Middle of NCLB there is school prayer cannot be prevented. 

ACCOUNTABILITY is huge!  That's how the state assessments which some people think destroyed curriculum and creativity came to be.  Look at purpose of statewide assessment and state defined standards.

Accommodations need to be state approved and written in the IEP.

Adequate yearly progress. Schools have to get better.

First year of assessment was a baseline of proficiency.  Then each state can set it's own goals to go to 100%.  If don't meet goal, do have to do better than you did and do have to meet the goal.  If miss goal for two years, a school in need of improvement.  And have to advertise you're a school in need of improvement.  Get state support.  Have to take a percentage into professional development.  If there are schools in area making progress, have to let students leave (usually the students doing well, although greatest poverty with lowest test scores gets priority).  Have to advertise that the parents have choice.  There has to be room in the school.  Once school has been deficient long enough, they have to provide additional programming (e.g., after school, before school, summer).  After 5 years, dump the whole school.  It becomes a charter and no longer part of the school, needs sponsoring organization.  Year 5 could be a nightmare. 

Highly qualified teachers.  Each state submits their plan of how to highly qualify teachers.  Every state will develop it's own brand of fairy dust and poof, every state will have highly qualified teachers.  The federal govt. didn't care for MO fairy dust, but the KS fairy dust was fine.  Everyone has to have a bachelors, must be fully certified--traditional or alternative--and highly qualified in every core subject you teach.  That's why it's tough for special ed.  To be highly qualified for elementary, significant coursework, degree in elementary education, and take Praxis.  CBASE qualifies you in elementary to 5th grade.

Paraprofessional needs high school diploma, 2 years college, or test.

Chapter 14

PVR  Positive verbal reinforcement 

Can't discipline kids with disabilities differently from other kids.

Whatever the process and rules are for the school district is the same for everyone.  If a kid with a disability violates a rule, can be disciplined like everyone else, but not more harshly.  Teachers are allowed to use teacher methods such as marks on the board, verbal redirect.  Nobody wants to be with the bad kids because there's guilt by association.  Sat school, detention, time out, Friday afternoon detention, and so on are examples.  Except if the behavior is a manifestation of the disability!  Kids are punished for a manifestation of their disability all the time.  However, a child with a disability can only be suspended out of school for 10 days.  In school suspension so long as receiving educational services doesn't count as suspension, but counts as interim alternative placement.  As long as it's not a pattern of disregarding the kid, there's no limit to ISS.  SPED teacher can come to them.  If they're supposed to have minutes, they have to get their minutes.  SPED minutes do not necessarily mean one on one contact.  If student is out of school greater than ten days, then there must be a manifestation determination hearing where the team convenes to do an assessment and functional behavioral assessment.  Two prong test: 

1.  Was the behavior caused by a direct and substantial relationship to the disability?

2.  Was the conduct in question the direct result of the school district's failure to implement the IEP?

If you can say yes to either one of those, there will be no long term suspension. 

Weapons and drugs:  Done on a case by case basis.  Can be placed in interim alternative session for 45 school days.  Can be ISS, alternative school.  The minute you change placement, it triggers all the procedural requirements.

Stay put.  If a parent filed due process, stay put in setting in when due process is filed.  Now an alternative setting is okay.  The team decides if there will be a change of placement. 

FBA Functional Behavioral Assessment

suspension and expulsion

stay put

manifestation determination

functional behavior assessment

behavior intervention plan

interim alternative settings

placement changes

children with and without disabilities must be disciplined in same manner.

weapons

School districts will have this information.

Notes in addition to the handouts.

1.  Nondiscriminatory Evaluation
See http://onlineacademics.org/Nondiscriminatory.html

2.  Least Restrictive Environment (LRE) = general education.  LRE is FAPE while educated with peers without disabilities.  This is not a one size fits all approach, but a continuum. 
Roncker v Walter The parents wanted their child socially involved, but school wanted him segregated.  Can you put a student in a general education class with accommodations?
In Daniell RR v State Board of Education, the student was a distraction.  The priority is the appropriateness of the student's educational setting.  The goal is to keep students in general education classes.  We need to be careful that there are options for all students.  We're responsible as an IEP team.

3.  Free Appropriate Education (FAPE)
All qualified persons with disabilities within the jurisdiction of a school district are entitled to a free appropriate public education.  Hudson v Amy Rowley was a case about a deaf child.  Parents wanted an interpreter.  The court supported the school district.  Cleveland Heights-University Heights v Sommer Boss was a case where parents moved to private school.  The school had to reimburse.  In Evans v Rhinebeck, the case was about dyslexia curriculum.  The court ordered student to return to his school with using a multi-sensory and sequential instruction.  Schaffer v. Weast was the most current.  Parents didn't supply enough information.  The burden of proof is on the party seeking relief.  This case went to the Supreme Court.  In a Hampden Township lawsuit about a bully, a student was harassed.  The parents paid for teach training to increase sensitivity regarding Asperger's, but nothing improved. Important issues for IEPs include rehearsal and staff training regarding safety drills, for example.  This aspect is a serious problem.  We need to make sure we can get the child to extra-curricular activities.  A school can't look at cost-benefit ratio.  Some schools might eliminate extra-curricular programs for everyone. 

4.  Zero Reject
Just because a child has a disability, no school can turn the child away.  Based on the 14th Amendment, we cannot deny protection (expands the 5th amendment's protection).  All educational issues are essentially policy issues and social issues.  Capped in the guise of constitutional issues.  Educational issues parallel another category.  From the 14th Amendment for different and same reasons.  FAPE not matter how severe the disability.  What's appropriate for one child is not necessarily appropriate for another child.  PARC case was about excluding MR students from public schools.  Most people with MR can become self sufficient,.  LRE and equal access are for everyone together.  In Mills case, students were excluded on the basis of behavior.  There was an undercurrent of racism.  Just 7 years after civil rights events. 

In Timothy W v. Rochester School District, a blind deaf child, no communication skills, brain stem level.  Court said just because we can't prove benefit, still need to educate. 

In City of Cleburne, Texas v. Cleburne Living Center, can't be arbitrary.  People don't get special treatment just because they have a handicap. 

In School Board of Nassau County v. Arline, wouldn't let teacher teach after cured of TB.  Regarding expulsion, can't expel based on behavior related to disability.  In 1950s-60s, kids were in a track, which was a civil rights violation according to Brown.

5.  Procedural Due Process
If the second evaluation is the same as the school's, the parents have to pay, but the school still considers.  Compensatory awards are in the form of extra education, after school, summer.  Punitive damages is almost never in SPED.  Appeals go to the state.  While the hearing is going on , the child stays put.  Sovereign immunity no longer holds because states can be held accountable and therefore sued.  IDEA tries to draw students into the decision process.A child doesn't have to be in SPED program  in order to invoke rights under IDEA.  DEADLY SINS.  Acting on principle rather than reason.  Yell's discipline sins--in IEP process. Schools ignore IEP and start acting outside that.  Procedural violations, impeding right of FAPE, impede parent participation. 

There are two aspects to due process:  (a) How to give due process and (b) how to prevent going to due process.  Regarding participation in IEP meetings, send notices out, use appropriate scheduling, invite adult agencies that will be involved, can have conference calls.  Parental involvement is still a weak point.  Educators fail to communicate and collaborate.  How and where meeting is convened is important because it needs to be a welcoming space.  Educators allowed parent to take a passive role in the past.  Now parents have joined groups as advocates.  Need to treat parents as equals.  45% of parents didn't think educators treated them as equals.  Parent can request initial referral.