Dr. Carl LashleyEducational Leadership and Cultural

FoundationsUniversity of North Carolina Greensboro

(336) 334-3745; (336) 549-9163carl.lashley@gmail.com

Untangling IDEA, Section 504, and NCLB

Understanding No Child Left Behind’s Educational Expectations

Legal—All students will become proficient; schools and districts are accountable for student progress.

Ethical—Our obligation as a society as to see that all children receive a high quality education that will enable them to become productive citizens, workers, and individuals.

Educational—Our task is to assure that all students receive an instructional program that will provide them with opportunities to perform at high levels of proficiency.

Why should principals be concerned about special education?

AutismAutism Spectrum

DisordersAsperger’s SyndromePervasive Developmental

Delay

What is it? Medical? Educational? Social?

What are the expectations for children with . . . ?

What is our responsibility for doing what needs to be done?

Autism1 in 110 (82????)

children1 in 70 boysMore children that

those diagnosed with childhood cancer, juvenile diabetes, and pediatric AIDS combined

* Source: autismspeaks.org

Why should principals be concerned about special education?

Disability Harassment—violates Section 504

Consequences for harassing behavior may trigger MDR, BIP, IAESBullying

Cyber-bullyingSexual HarrassmentWorkplace Bullying

Bullying—a widespread proproblem. The incidence of bullying is increasing.

Students with learning disabilities are more likely to be bullied (ldonline)

Students with ADHD are more likely to be bullied and more likely to bully (Fleeker, MSNBC)

Students whose appearance is different are more likely to be bullied (PACER)

Why should principals be concerned about special education?

35.7% of students with disabilities are students of color (45.2% in NC) (2006 Annual Report to Congress)

How do disability, discipline, and diversity interact?

DisproportionalityDifferential TreatmentDisparate Impact

Discipline Inequities“Regrettably, students of color

are receiving different and harsher disciplinary punishments than whites for the same or similar infractions, and they are disproportionately impacted by zero-tolerance policies—a fact that only serves to exacerbate already deeply entrenched disparities in many communities,” Thomas E. Perez, the assistant attorney general for civil rights at the U.S. Department of Justice, recently said at a conference on school discipline and civil rights.”

*Source: Education Week (Oct. 17, 2010)

Why should principals be concerned about special education?

IDEA (and 504) (and NCLB) are a lot like gravity

Not just a good idea.

IT’S THE LAW!

Section 504Students with disabilities are PROTECTED

FROM DISCRIMINATION on the basis of their disabilities.

Access to school facilities and programsInstructional and assessment

accommodationsNo funds are generated to support school

programs.Enforced by the Office of Civil Rights

Individuals With Disabilities Education Act (IDEA)

Free Appropriate Public EducationLeast Restrictive EnvironmentDue Process ProceduresIdentification and Referral ProceduresMulti-factored AssessmentIndividualized Education Program

IDEAStudents are evaluated to determine

ELIGIBILITY for special education and related services.

Access to the general education curriculum and classroom

Participation in statewide assessmentsStudents with disabilities generate (limited)

federal and state funding.

FAPEFreeAppropriate Public Education

Disability CategoriesTo be eligible for services under IDEA, a

student must meet the criteria at 34 C.F.R. §300.8 for one of 14 categories:Autism, Child Aged Three Through Nine Experiencing Developmental Delays, Deaf-Blindness, Deafness, Emotional Disturbance, Hearing Impairment, Intellectual Disability, Multiple Disabilities, Orthopedic Impairment, Other Health Impairment, Specific Learning Disability, Speech or Language Impairment, Traumatic Brain Injury, Visual Impairment

What are we looking for?A definition that makes senseHow many students fall into this category?

in the US? in North Carolina?What are the defining characteristics of this

category for school purposes?What should be our expectations for

children in this category?What kinds of special provisions need to be

made for the education of children in this category?

Any other nuggets of interest?

Who are these kids anyway?How would you describe the school

lives of these children?What are the short and long term

expectations for these children?What is the nature of the

curriculum for these children?Who benefits from the special

arrangements made for these children’s education? How?

The PointCategorization (labeling) occurs through a political processes that uses a rational-technical language to determine who receives special treatment. This special treatment has multiple results—benefits and detriments—that serve the interests of multiple constituencies.

Disability CategoriesTo be eligible for services under IDEA, a

student must meet the criteria at 34 C.F.R. §300.8 for one of 14 categories:Autism, Child Aged Three Through Nine Experiencing Developmental Delays, Deaf-Blindness, Deafness, Emotional Disturbance, Hearing Impairment, Mental Retardation, Multiple Disabilities, Orthopedic Impairment, Other Health Impairment, Specific Learning Disability, Speech or Language Impairment, Traumatic Brain Injury, Visual Impairment

Autism Spectrum Disorder (ASD)a developmental disorder characterized by

significant and pervasive impairment in several developmental domains: social, communication, and cognitive skills

Recent data reports 1 in every 100 children born are diagnosed with ASD.

In 2006-2007, in North Carolina 7,365 (3.83%) of children with disabilities ages 3-21 who received special education services had autism.

Defining characteristics include repetitive behaviors, echolalic self-stimulating behaviors, lack of eye contact, sensory integration disorders, non-verbal or extremely verbal on a specific topic

D-BDeaf-BlindnessDefinition: A combination of hearing loss and visual

impairment, but not necessarily complete deafness or complete blindness

Census Data: North Carolina: 31 US: 1,984Characteristics: No 2 individuals that are deaf-blind

have the same profile: their education needs cannot be met in a special education program for the deaf or the blind

Expectations: Successful integration into the LRE and transition to higher education or employment beyond secondary school

Special Provisions: Interpreter, enlarged text, audio books, teacher with specialized training,

DeafDeafness

A hearing impairment that is so severe, that the child is impaired in processing linguistic information through hearing, with or without amplification.

North Carolina- 46 students in 2009 What are the defining characteristics of this category for school

purposes? Deafness adversely affects a child's educational performance Curriculum and instruction needs to be delivered appropriately

(visually ) What should be our expectations for children in this category?

Access to general curriculum High school diploma and preparation for college

What kinds of special provisions need to be made for the education of children in this category? ASL trained teachers and staff for instruction and interpretation Visual cues Transition planning

Any other nuggets of interest? 2004 Reports to Congress did not include deafness as a category by itself

HIHearing impairment Hearing Impairment are impairments in hearing, whether permanent or

fluctuating, that adversely affects a child's educational performance but that is not included under the definition of deafness in this section.

  In North Carolina as of the 2009 Exceptional Children Count, 2,181 students are

classified as being hearing impaired. In 2006, there were 71,712 students classified as students with a hearing impairment.

  Defining Areas for School Purposes: To be determined eligible in the disability

category of hearing impairment after appropriate screening and evaluation, a child must have a documented hearing loss of a type and extent such that the disability has an adverse effect on the students educational performance which requires the student to receive specialized instruction.

Expectations for students with hearing impairments: Inclusion in the least restrictive environment to access the general education

curriculum Access to assistive technology devices May need support personnel (i.e. paraprofessionals trained in the use of sign language) Emphasis should be on social inclusion into various activities within the school

Multihandicapped a pervasive primary disability that is cognitive and/or

behavioral in combination with one or more other disabilities the combination causes developmental and educational

problems that the children cannot be accommodated in special programs that primarily serve one area of disability

in 2004, 1,869 students ages 3-21 were served in this category

students with multiple disabilities may exhibit a wide range of characteristics that may share include limited speech or communication; difficulty in basic physical mobility; tendency to forget skills through disuse; trouble generalizing skills; a need for support in major life activities

Students may be in self-contained settings and focus on functional skills. Some may be medically fragile and require health services.

A multi-disciplinary team consisting of the student's parents, educational specialists, and medical specialists in the areas in which the individual demonstrates problems should work together to plan and coordinate necessary services.

ExpectationsAchieving grade level standards and expectationsFull participation in the general education environmentPlan for exiting of services

ProvisionsAssistive technologyVisual cues Individual or small group services

NuggetsSpeech can be the primary disability or a secondary

disabilityBruce Willis, Tiger Woods, Julia Roberts, Jimmy Stewart,

and Winston Churchill had speech/language impairments.

Speech or SLISpeech or language impairment

EDEmotional disturbanceA long-term, serious emotional condition

that adversely affects learning, which cannot be explained by health, intellectual, or sensory factors.

NC--7,529 studentsUS--464,000 (2006-2007 School Year)Defining characteristics for school purpose

Affects learningPoor relationships with othersUnexplainable behaviors under normal

conditionsDepression and/or anxietyTendency to develop physical reactions to

school problems

VIVisual impairmentAny vision issue that impacts student learningNC=710 US=approximately 25,000Visual Impairment Including Blindness means an

impairment in vision that, even with correction, adversely affects a child’s educational performance. The term includes both partial sight and blindness.

Expected to learn, work, and live in an inclusive society

Provisions individualized based on student strengths/needs (i.e. technology, magnification equipment, adapted instruction toward listening)

Adaptations can benefit all! http://www.rfbd.org/

MRMental retardationLow IQ + social, communication or self-help issuesNC=21,280 US=approximately 500,000Significantly below average cognitive ability WITH

deficit in adaptive behaviors that impacts school performance

Expected to learn, work, and live in an inclusive society

Provisions individualized based on student strengths/needs (i.e. alternate assessments, instructional adaptations, other adaptive supports)

In NC: mild, moderate, severe intellectual disability2004 IDEA narrowed the definition and numbers

eligible under this category decreased

OIOrthopedic impairmentDefinitionHow many students fall into this category? North Carolina (2009) 1,094 Nationwide (2004) 92,358Characteristics- a severe physical impairment that impedes

a student’s ability to access the curriculum or school environment

Expectations-Through support of school personnel and specially designed instruction the student will gain access to the general curriculum and the school environment to ensure academic success.

Special Provisions-Making the school environment accessible (ex. Students with physical limitations can access classes on second floor, computers for students with writing difficulties)

TBITraumatic brain injuryTraumatic brain injuries are:

when an individual has sustained an injury to the brain which is caused by an external force; brain injuries that are congenital, degenerative, or caused by birth trauma are not included in this category.

The injury results in a total or partial functional disability and/or psychosocial impairment that affects a child’s educational performance such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech.

In North Carolina as of the 2009 Exceptional Children Count, 483 students are classified as having a Traumatic Brain Injury. In 2006, there were 23,189 individuals classified as having a traumatic brain injury in the United States.

TBITraumatic brain injury Defining Areas for School Purposes: A licensed physician or a licensed

psychologist, appropriately practicing in the specialty of neuropsychology, that the child has sustained an injury from which brain injury can be inferred must be obtained. Additionally, a psychological evaluation for traumatic brain injury must be conducted by school psychologists licensed by the State Department of Public Instruction, or by psychologists who are appropriately practicing in the specialty of neuropsychology and are licensed by the North Carolina State Board of Examiners of Practicing Psychologists. All psychological evaluations must be within one year. The evaluations must conclude that the disability is anticipated to have an adverse effect on educational performance which will require specially designed instruction.

Expectations for individuals who are classified as being traumatically brain injured: Continuum of services may be more restrictive based upon individual needs of

student but students are entitled to access to the general education curriculum Support services may include instructional and medical professionals

dependent upon the individual needs of the student

LD or SLDSpecific learning disability

A disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations

63,728 NC (2009) 2,839,694 US and outlying area (2004) Defining characteristics:

Includes conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.

Students may have difficulties in reading decoding and comprehension, writing expression, math calculations and reasoning, language comprehension

Expectations Access to general curriculum High school diploma and preparation for college

Provisions: specialized instruction in the area of the disability, accommodations for testing and classroom environments.

Eligibility criteria – shifting away from discrepancy model to RTI model

OHIOther health impairmentDefinition: Having limited strength, vitality or alertness,

including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment

Census Data: NC: 30,153 US: 524,707Defining Characteristics: A chronic or acute health condition

causing limited alertness to the educational environment, educational performance is adversely affected, and requires special education services

Expectations: Successful integration into the LRE and transition to higher education or employment beyond secondary school

Services: Dependent on the health condition, may include extended time, preferential seating, small group instruction, excused absences, etc.

No Child Left Behind (2002)

High Standards CurriculumStatewide AssessmentsHighly Qualified TeachersAdequate Yearly ProgressAccountability for Student Performance

NCLB/IDEA ExpectationsAll students have access to a high standards curriculum

All students participate in statewide assessments

All students are proficient in their academic performance

All students have access to instruction in the high standards curriculum

To the maximum degree appropriate, students with disabilities are educated with their typical peers

NCLB/IDEA ExpectationsHigh Standards Curriculum

Instruction in the General Education ClassroomParticipation in Statewide AssessmentsProficiency

High School GraduationPost-secondary ParticipationEmployment

IDEA/NCLB Expectations

Students with Sensory DisabilitiesHearing ImpairedVisually ImpairedOrthopedically Impaired

Students with Significant Disabilities Traumatic Brain Injury Moderate to Severe

Intellectual Disabilities Multiple Disabilities Deaf-Blind

Students with Academic DisabilitiesSpecific Learning

DisabilitiesSpeech-ImpairmentBehavior-Emotional

DisabilitiesOther Health

ImpairmentAutism Spectrum

DisorderMild Intellectual

Disabilities

General Legal Principles

from IDEA, 504, and NCLB

Appropriate educationAccess to the general education curriculum

Accommodations that provide access to curriculum, instruction, and assessment

Accountability for student performanceParent involvement in decision making

Educational Principles from IDEA, 504, and NCLB

Focus on ALL studentsAccountability for PERFORMANCE

IndividualizationDifferentiation and high standards

Disaggregation of performance data

Parental engagement

Inclusion—whatever that is????Least Restrictive Environment Students with disabilities are to the maximum

extent appropriate educated with their nondisabled peers.

Removal from the regular classroom occurs only educating the student with a disability there “cannot be achieved satisfactorily.”

Continuum of ServicesMainstreamingInclusionAccess to the General Education CurriculumReasonable AccommodationsDifferentiated Instruction

North Carolina Procedures Governing Programs and Services for Children With Special Needs (2004)

Least Restrictive Environment.

Least restrictive environment means that, to the maximum extent possible, children with disabilities shall be educated with children who are not disabled. After examining all alternatives for placement within an educational system, children with disabilities shall be placed where they can obtain the appropriate educational services which meet their individual educational/developmental needs as close to and as nearly like a regular classroom setting as possible. For preschool children with disabilities, this shall be interpreted to mean the most natural environment possible.

Roncker v. Walter (1983) If placement in a segregated facility is

superior to a public school placement, can the public school feasibly provide that placement in a nonsegregated setting.

1. What are the benefits of both settings?2. Would the child be disruptive in the regular classroom?3. What is the cost difference between the two settings?

Daniel R.R. v. State Board of Education (1989)

A school district satisfied the court’s two-pronged test used to ascertain whether a segregated setting was appropriate for a child with Down Syndrome:

 1. Can placement in the regular classroom, with the use of supplementary aids and services, be satisfactorily achieved?

2. If placement in the regular classroom cannot be satisfactorily achieved with the use of supplementary services and aids and the school intends to place the student in a separate special education class, does the placement include opportunities for education in the least restrictive setting?

 Factors to be considered:1. the nature and severity of the student’s disability2. the student’s needs and abilities3. the school’s response to those needs and abilities

 

Greer v. Rome City School District (1991)

The court ruled that a school district had not adequately considered the use of supplementary aids and services to facilitate the placement of a Down Syndrome child in her neighborhood school. The court provided a four-part test:

 1. How do the academic benefits in general and special education settings compare for the student?

 2. How do the nonacademic benefits in general and special education compare for the student?

 3. What effect will the student’s presence in the classroom have on the other students?

 4. Would the cost of the inclusive program be so great that it would have a negative impact on the education of other students?

Oberti v. Board of Education of the Borough of Clementon (1993)

School districts have an affirmative obligation to rebut the IDEA’s strong preference for placement in general education settings before they consider other more restrictive settings.

1. Are the student’s disabilities so severe that s/he will receive little or no benefit from an inclusive placement?

 2. Is the child so disruptive that the education of other students will be significantly impaired?

 3. Is the cost of the inclusive placement so great that the education of other students will be negatively affected?

Sacramento Unified School District v. Holland (1994)

When the school district proposed a segregated classroom for a girl with Down Syndrome, her parents placed her in a regular classroom in a private school, where she remained from kindergarten to second grade. The court upheld the parent’s claim that she should be placed in a regular class full-time with supplementary services. The U.S. Supreme Court refused to hear the school, district’s appeal, thus affirming the Ninth Circuit ruling.

 1. Has/can the child make progress in the general education classroom?

 2. Is there a detrimental effect on the general education program?

 3. What are the nonacademic benefits of placement in the general education classroom?

 4. What are the costs of educating the child in the general education classroom?

Inclusive PracticeInclusive--comprehensive, all-

encompassing, the process of moving all elements into the aggregate

Practice--what we do in our work

Student Performance--student responses to in-class assignments, independent assignments, assessments, and projects as well as academic and behavioral responsibility and school citizenship

General EducationSpecial Education

•Content knowledge• Scope and sequence• Instructional methods• Managing groups• Learning styles• Pacing• An understanding of the priorities embedded in the curriculum

•Use of student data in instruction• Accommodations• Individual Assessment• Instructional planning• Individualization• The role of parents• Behavior management• Task analysis

Knowledge Traditions

Attitudes and Skills Necessary for Teachers of All Students

1. “They establish clarity for curricular essentials.2. They accept responsibility for learner success.3. They develop communities of respect.4. They build awareness of what works for each student.5. They develop classroom management routines that contribute

to success.6. They help students become effective partners in their own

success.7. They develop flexible classroom teaching routines.8. They expand a repertoire of instructional strategies.9. They reflect on individual progress with an eye toward

curricular goals and personal goals.”

Tomlinson, C. A., & McTighe, J. (2006). Integrating Differentiated Instruction and Understanding by Design. Alexandria, VA: ASCD.

Principles of Inclusive Practice

High Expectations for Every StudentPersonalized Approaches to LearningUsing a Variety of Instructional

Approaches and ResourcesCollaborative Teaching and Professional

DevelopmentContinuous Student Performance

Monitoring

Inclusive PracticeAccess to the General Education ClassroomAccess to the General Education CurriculumAccess to General Education Assessments

APPROPRIATE—designed to provide educational benefit

Inclusive PracticeAccess to the

General Education Classroom

Access to the General Education Curriculum

Access to General Education Assessments

Least Restrictive Environment

Individualized Education Plan

NCLB and IDEA requirement for participation in statewide assessment systems

Continuum of ServicesChildren come to school with varying abilities, motivation, and life experiences. When these internal factors cause them to fail in school, it is the school district’s responsibility to provide a continuum of remedial, compensatory, and/or special services to meet their needs. Some students (those with disabilities) have such extraordinary needs that it is sometimes necessary to separate them from their peers to meet those needs. Generating resources necessary to support these services requires identifying students with labels such as as at-risk, remedial, disabled, or bilingual. Specialists have developed tools and strategies to assess and plan for these students, and separate settings have been established in which their extraordinary needs can be met. Specially trained personnel, working in specially designed and delivered programs, are available to provide the remediation and compensatory instruction that afford these students equitable educational opportunities.

Inclusive SchoolsAll students should be educated in the regular classroom, unless specific circumstances cause educators to place them in other educational environments. All students should attend the school to which they would normally go if they had no disability. Students with disabilities are distributed in their natural proportion at the school site in regular education programs that are age and grade appropriate. No student is denied placement at the school site on the basis of the severity of disability unless s/he is a danger to him/her self or others. Special education support services are primarily provided within the context of the regular education program with other cooperative learning and peer support practices. Students are assured of an equitable and appropriate education, when they are educated together.

Learning-Centered SchoolsAll students have special needs, although some are more unique

than others. It is not necessary to label or separate students in order to provide them with an appropriate education, and excellence in education is accomplished when all children are educated together. The primary needs for all students are to learn to live, work, and participate in the community, since the community is where life occurs. Education for life after school should begin in the neighborhood school and successively expand to the community at large. When teachers with varying expertise work collaboratively and use a variety of strategies and technologies, they can address the needs of all students. Students and other members of the school community benefit when they work together daily to meet those individual and diverse needs. Achieving educational equity and excellence requires unifying all members of the school community around a vision and set of outcomes for all students. Placing students at the center of the enterprise becomes the common focus and common task of all members of the school community.

How Do the Continuum of Services and the Inclusive Schools scenarios differ?Responsibility for the education of students

with disabilitiesBoundaries of “normalcy”ExpectationsCurriculumRole of “specialists”School organization

What Do General Education Teachers Need to Know?Responsibility for All StudentsThe Variability of Diverse LearnersDifferentiation of InstructionValue of CollaborationCooperative Learning and Peer Tutoring

Disciplinary procedures should be:

• Equitable• Educative• Empowering

Discipline should be a teaching and learning process.

Honig v. Doe (1988)Students with disabilities cannot be

expelled for behavior related to their disabilities.

Students with disabilities may be suspended for up to ten days, if they pose an immediate threat to others.

Unilateral Cessation of ServicesThe courts have been clear that school districts cannot act unilaterally to stop providing students with disabilities FAPE.

When is a disciplinary action a change of placement?

Expulsion and Students With DisabilitiesFor behavior that is not a manifestation of the disability

Special education and related services must be provided.

Suspension and Students With Disabilities

Up to ten days in successionMore than ten days cumulative--a patternSimilarityLengthProximity

Interim Alternative Educational Placement

Weapons, drugs, inflicting serious bodily injury

45 school days

Functional Behavioral AssessmentFunctional--an inquiry into the cause of a behavior

Assessing functional behavior:“(a) interviews and rating scales,

(b) direct and systematic observation of the person's behavior, and

(c) manipulating different environmental events to see how behavior changes”

Starin, 2007, http://www.wrightslaw.com/info/discipl.fab.starin.htm

Behavioral Intervention Plans“A plan of positive behavioral interventions in the IEP of a child whose behaviors interfere with his/her learning or that of others.”

http://www.wrightslaw.com/links/glossary.sped.legal.htm

Manifestation Determination“If (a) child with disability engages in behavior or breaks a rule or code of conduct that applies to nondisabled children and the school proposes to remove the child, the school must hold a hearing to determine if the child’s behavior was caused by the disability.”

http://www.fetaweb.com/06/glossary.sped.legal.htm

Manifestation Determination in NC

If the manifestation review determines that the behavior was not a manifestation of the disability, the local education agency may proceed with the same disciplinary procedures that are used with nondisabled students except the student with a disability must continue to receive a free appropriate public education, including special education and related services and access to the general curriculum as determined by the IEP Team and other qualified persons. If the local education agency initiates disciplinary procedures applicable to all children, the agency shall ensure that the special education and disciplinary records of the student with a disability shall be given to the person making the final decision regarding the disciplinary action for consideration.

What about. . .Manifestation determinationFunctional Behavior AssessmentFunctional Behavior PlanInterim Alternative Educational Placement

Pattern of misbehaviorA student with a learning disability, a student with

behavior and emotional disturbance, a student with a 504 plan, and a “typical” student are all implicated in the theft of $12.00 from a teacher’s desk. All of the students have already been suspended for eight days each. How would you respond, and how would your explain your response to teachers and parents?