Special Education Brochure

What Every Teacher Should Know, August 2003

This brochure covers the following topics:

Introduction

Basic Concepts
Who is on the Individualized Educational Program (IEP) team?
Role of the general education teacher on the IEP team
Student placement
Graduation
Confidentiality
General education: Student Intervention Teams (SIT)
504 Accommodation Plans: developed and implemented by general educators

Role of the IEP team in determining eligibility

Role of the IEP team in designing a program of service
Students with challenging behaviors
The content of the IEP includes the following

Rights and responsibilities of teachers affected by placement decisions

Responsibility for education of the student
Grading
Procedural Safeguards (parents rights)
Safety and emergency systems
Sudden emergencies and need for help
Staff eligibility for hepatitis B shots

How to get help

Introduction

Basic Concepts

The reauthorization of the Individuals with Disabilities Education Act (IDEA) Amendments of 1997 (hereafter referred to as IDEA 97) focused on four major areas:

• Enhanced parent participation
  
  
• Student progress in the general education curriculum
  
  
• Measurable progress and greater accountability for student goals and objectives
  
  
• The importance of school safety

Districts must provide special education and related services to eligible children with disabilities beginning at age 3 and continuing through age 21 (a student who is age 21 on the first day of the school year is entitled to FAPE for the entire year even if his/her 22nd birthday occurs during the school year).

The following concepts form the foundation of special education services and will be discussed in the remainder of this section: Free Appropriate Public Education (FAPE), Least Restrictive Environment (LRE), Disability, Special Education, and Related Services.

FREE APPROPRIATE PUBLIC EDUCATION (FAPE)

The concept of FAPE means regular and special education and related services that:

• are provided without charge to the parent - FREE;
  
  
• are provided in conformity with an appropriately developed Individualized Education Program (IEP) - APPROPRIATE;
  
  
• are provided at public expense, under public supervision and direction - PUBLIC; and
  
  
• include pre-school, elementary school, and secondary school education that meet the education standards, regulations, and administrative policies and procedures issued by the State Education Agency - EDUCATION.

FAPE is required for a child with a disability who needs special education and related services, even though the child is advancing from grade to grade.

FAPE must be provided to the following children:

1. Those who experience a disability (as defined later in this section).
   
   
2. Those who are age 3 through 21 and have not graduated with a regular high school diploma.
   
   
3. Those who reside within the district's jurisdiction regardless of the residence of the child's parents (see Part IV, Section 2- Responsibility for Development and Implementation of IEP).
   
   Note: State boarding schools and districts operating a statewide correspondence program (who enroll children from outside their district) are responsible for assuring that FAPE is provided to children with disabilities enrolled in their programs. Also, the requirement to provide special education and related services to children with disabilities voluntarily enrolled by their parents in a private school has been limited to the level of service required by IDEA 97 (See Part IV, Section 19, Private Schools).
   
   
4. Those who are placed in an out-of-state educational setting by the district or another state agency.

To provide FAPE, the IEP must address all of the child's identified special education and related services needs. The needed services and placement must be based on the child's unique needs and not on the child's disability.

FAPE for Children Suspended or Expelled

1. FAPE for children with disabilities suspended or expelled for 10 days or less in a school year
   
   
   • No services are required if services are not provided to a student without disabilities who has been similarly removed.
     
     
2. Children with disabilities removed for more than 10 days in a school year
   
   
   • Provide services to enable the student to progress in the general curriculum and advance toward achieving his/her IEP goals (See Part IV, Section 12, Student Discipline).

FAPE for Students in Adult Correctional Facilities

Students, aged 18-21 years in adult correctional facilities are entitled to services if:

the student received services under an IEP, in their last educational setting even if the student left school prior to his/her incarceration; or

the student did not have an IEP in their last educational setting, but had been identified as a child with a disability.

Special education supports and services are provided to students with disabilities in all schools throughout our district. All staff within the schools work with students certified for special education. Many times the special education process can seem confusing with new language, rules, and expectations. This brochure was written by a district committee to assist staff in developing an understanding of special education terminology and roles/responsibilities for teachers. We hope this is helpful, and encourage you to share additional questions you may have with your special education teacher consultant.

The Anchorage School District Special Education Handbook is located in all schools with special education teachers and special education department chairs. This brochure is not intended to replace the handbook.

Who is on an Individualized Educational Program (IEP) team?

1. A general education teacher of the child (if the child is, or may be placed in a general education classroom).
2. Parents
3. A special education teacher or provider of the child.
4. A representative of the school district (principal may assign a designee-may be filled by regular or special ed teacher/related service provider) who:
   • Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;
   • Is knowledgeable about the general curriculum; and
   • Is knowledgeable about the availability of resources of the school district.
5. An individual who can interpret the instructional implications of evaluation results.
6. The parent or the district may invite other people who have special expertise regarding the child.
7. The student must be invited if the purpose of the meeting is to discuss secondary transition services.

Role of the General Education Teacher on the IEP Team

With the emphasis on students' involvement and progress in the general curriculum added by the IDEA Amendments of 1997, the general education teachers, along with special education and related services personnel, have a critical role in implementing the program of Free Appropriate Public Education for children with disabilities as described in their IEPs.

The regular education teacher is a required member of the IEP team.

The general education teacher's role is to:

1. participate in the development, review, and revision of the child's IEP;
2. help develop appropriate positive behavioral interventions and strategies for the child;
3. help determine use of supplementary aids and services, program modifications, and supports for school personnel; and
4. implement the IEP as appropriate.

Parents and the school team should discuss and try to reach an agreement on whether the child's regular education teacher should be present at a particular IEP meeting, and if so, for what period of time. The extent to which it would be appropriate for the regular education teacher member of the IEP team to participate in IEP meetings must be decided on a case-by-case basis. The teacher need not, depending upon the child's needs and the purpose of the specific IEP meeting, be required to participate in all decisions made as part of the meeting or to be present throughout the entire meeting or attend every meeting. (Federal Register/Vol.64, No. 48 Friday, March 12, 1999/Rules and Regulations, page 12477).

If a student has more than one general education teacher, only one general education teacher is required to be a member of the IEP team. If the participation of more than one general education teacher would be beneficial to the child's success in school (in terms of enhancing the child's participation in the general curriculum), it would be appropriate for additional general education teachers to attend. All teachers working with the student must have knowledge of their responsibilities and access to the IEP. (Federal Register/Vol. 64, No. 48 Friday, March 12, 1999/Rules and Regulations, page 12477)

If the teacher becomes aware of the need for supplementary supports and services, the teacher may request an IEP meeting to review this aspect of the IEP.

When a student is new to district, the IEP team should meet as soon as possible to review the IEP. When a student transitions from school to school or grade to grade, a transition meeting may be held between the sending and receiving IEP teams when possible.

Student Placement

Student placement decisions are made by the IEP team and based on individual need with a requirement for placement in the least restrictive environment. There is a continuum of placement options for students ranging from placement in the regular education class to appropriate supports and services outside the classroom. A child with a disability is not removed from education in age-appropriate general classrooms solely because of needed modifications in the general curriculum.

Graduation

To receive a high school diploma, students must take the High School Graduation Qualifying Exam (HSGQE) and pass it, as well as meet other district graduation criteria (i.e. passing grades, attendance, appropriate type and number of credits etc.). Students may receive a diploma if they take the HSGQE with approved accommodations and meet the above criteria. A student receives a Certificate of Attendance if the student:

• takes Alternative Assessment;
• does not pass the HSGQE; or
• takes the HSGQE with modifications.

(Adaptations, Accommodations, Modifications defined. Adaptations are changes to the environment, curriculum, instruction and/or assessment practices in order for the student to be successful learner. Adaptations are based on an individual's strengths and needs. Accommodations are provisions made in how a student accesses and demonstrates learning. These do not substantially change the instructional level, the content of the performance criteria. The changes are made in order to provide a student with access to learning and equal opportunity to demonstrate what is known. Modifications are substantial changes in what a student is expected to learn and demonstrate. Changes may be made in productive learning experiences, environments, and assessments based on individual needs.)

Confidentiality

All staff working with a student need to be aware of the IEP and must have access to the IEP. It is recommended that a copy of the IEP be given to each teacher working with the student. Staff needs to keep the IEP confidential. Student information is otherwise confidential and may not be shared verbally or in writing without written parent permission. There is one exception: under FERPA (Federal Right to Privacy Act) school records may be transferred from one public school to another without written parent permission.

General Education: Student Intervention Teams (SIT)

The rationale for general education intervention is to identify problems early and prevent them from becoming major problems. All school have referral systems in place to refer children who are experiencing school difficulties. We try to help the students be successful in the general education classroom first with interventions such as:

• curriculum modifications;
• social skills training;
• cooperative learning activities;
• change in classroom organization;
• change in teaching techniques, the school placement, or schedule.

Teachers and/or parents may refer students to special education at any time by using the school's referral process.

504 Accommodation Plans: Developed and Implemented by General Educators

Some students have a disability but do not require or qualify for special education services under IDEA. They may qualify for services or accommodations under Section 504 of the Rehabilitation Act of 1973. For qualified students, the district will identify the accommodations, special instruction, or services the students need to participate in and/or benefit from the district's educational program without discrimination. An "accommodation plan" is developed by a team. Teachers and others are responsible for the implementation of the 504 accommodation plans. The Anchorage School District "Procedures Under 504 of the Rehabilitation Act of 1973" is available from the EEO office in the Human Resources Department or school office. (Some students may qualify for both 504 and IDEA services. In such cases, services are delivered under IDEA.)

During the summer of 2003, the Anchorage School District significantly revised its Policy and Procedures for Section 504 compliance. Information on the new policy and procedures can be gained by visiting the Web site at: ___________ or contacting the Special Education Parent Resource Center at 907-742-3872.

Role of the IEP Team in Determining Eligibility

(Services are determined according to student need and not the disability label.)

1. The IEP team, including the general education teacher, reviews existing evaluation data, including
   • evaluations and information provided by the parents;
   • current classroom based assessments and observations;
   • observations by teachers and related service providers.
2. On the basis of that review, and parent input, the IEP team identifies what additional data is needed to determine:
   • whether the child has a particular category or disability ;
   • present levels of performance and educational needs of the child;
   • whether the child needs special education and related services;
   • whether any additions or modifications to the special education and related services are needed to enable the child to meet the IEP goals, and to participate as appropriate in the general curriculum.

To be eligible for special education, the student must:

1. be determined as having a disability such as : Autism, Learning Disability, Mental Retardation, Traumatic Brain Injury, Other Health Impaired, Orthopedically Handicapped, Hard of Hearing, Deaf, Blind-Visually Impaired, Deaf/blind, Preschool Developmentally Delayed, Speech Impaired, Gifted; AND
2. must need specialized instruction in order to make education beneficial.

Role of the IEP Team in Designing a Program of Service

The IEP team considers:

1. child's strengths;
2. parents' concerns;
3. recent evaluations and performance on state or district-wide assessments;
4. positive behavioral interventions and strategies and supports to address the behavior of a child whose behavior impedes his/her learning or that of others;
5. need for instruction and use of Braille (for blind/visually impaired students);
6. language needs of the LEP child as those needs relate to the IEP;
7. communication needs of the child-for those who are deaf or hard of hearing consider:
   • language and communication needs;
   • opportunities for direct communications with peers and professional personnel in the child's mode;
   • academic level;
   • full range of needs;
   • opportunities for direct instruction in the child's language and communication mode.
8. need for assistive technology and services;
9. need for extended school year;
10. and reviews the IEP as appropriate, but not less than annually revise the IEP as appropriate to address:
    • lack of expected progress toward goals;
    • results of any re-evaluations;
    • information provided to or by the parents;
    • child's anticipated need

Students with Challenging Behaviors

An IEP addresses student behavior needs in several ways:

• on the present level of performance report;
• specific goals and objectives in the IEP;
• positive behavioral support plans are developed and implemented (if a behavior plan is developed, it is attached and included as part of the IEP);
• functional behavior assessment.

The Content of the IEP Includes the Following

1. The child's present levels of functioning; how their disability affects the child's involvement and progress in the general curriculum (for preschoolers, participation in appropriate activities).
2. A statement of measurable annual goals, including benchmarks or short-term objectives related to: meeting the child's needs that result from the disability to enable the child to be involved in and progress in the general curriculum or for preschoolers, as appropriate to participate in appropriate activities; and to meet the child's other educational needs that result from the disability.
3. Explain how special education, related services and other supports will help the child:
   • advance toward annual goals;
   • make progress in the general curriculum;
   • participate in extracurricular and non-academic activities;
   • be educated and participate with children who do not have disabilities.
4. A statement of how the student will be involved in state or districtwide assessment. The student may participate in several ways:
   • as all other students;
   • with accommodations;
   • alternate assessment.
5. Projected dates for beginning of services, modifications, anticipated frequency, location, and duration of the services and modifications.
6. How progress toward the annual goals will be measured.
7. How parents will be regularly informed of progress toward annual goals (such as periodic report cards).
8. Statement of need for teacher training.

 

Rights and Responsibilities of Teachers Affected by Placement Decisions

Responsibility for Education of the Student

The IEP team should discuss specific plans regarding who will develop modified materials, and how to work collaboratively with teacher assistants and students. The IEP indicates which professionals are responsible for providing and/or supervising the student's special education and related services programs.

Grading

Regular Grades-Unless modified on a student's IEP, each identified student is presumed to be assessed and graded as per the school's or district's policies. There should be no "informal" grade modifications outside the IEP team process.

Modified Grades-Modified grades are possible, as long as the decision to modify grades is made on an individual basis at the IEP meeting and is specified on the student's IEP. (Individuals with Disabilities Education Law Report-Special Report No. 18 "Testing, Grading and Granting Diplomas to Special Education Students". Miriam K. Freedman, Esq. LRP Publications, page 9)

Procedural Safeguards (parents rights)

Parents are given a copy of Procedural Safeguards. Parents may request mediation or a due process hearing if they believe their due process rights have been violated.

Safety and Emergency Systems

Each school has an emergency building plan, an earthquake preparedness plan, and a fire drill plan. (Often, these are part of the same master plan.) In addition to obtaining a copy of the plan from the building principal, teachers should consider any special needs of children with disabilities so that modifications to the plan can be made. Special attention and training in evacuation procedures may be needed by staff in order to assist some children.

Sudden Emergencies and Need for Help

Occasionally, a teacher may need emergency help. Classrooms have intercoms, and many have phones. Teachers should work with their principals and office staff, as well as the special education team, to determine the best process to use if help is needed during an emergency.

Staff Eligibility for Hepatitis B Shots

Hepatitis B is an inflammation of the liver caused by the hepatitis B virus. Staff in programs for the severely developmentally disabled who have contact with potentially infected blood or body fluids are at risk for contracting hepatitis B. Other people in casual contact with hepatitis B carriers in schools are at minimal risk of hepatitis B infection. Hepatitis B vaccination is recommended for staff in programs for severely developmentally disabled students. Contact Risk Management for questions regarding hepatitis B vaccination.

How to Get Help

The special education and related services staff at the schools are available to meet with teachers. In addition, each special education program has a supervisor and teacher consultants who provide assistance to teams in the schools. They may be reached at:

Teachers interested in information on special education, Section 504 topics or education of students with special needs can access information from the ASD Special Education Parent Resource Center Web site at: www.asdk12.org/depts/seprc/.