EDSP 411 Midterm Study Guide

Which eligibility categories can be determined through the RTI/MTSS process?

*MTSS/RTI: MoHST LAID* Multiple Disabilities Other Health Impairment Speech or Language Impairment Traumatic Brain Injury Learning Disability Autism Intellectual Disability (mild/moderate/severe) Developmental Delay

13 eligibility categories in Sp-Ed

1. multiple disabilities 2. autism 3. speech/language impairments 4. hearing impairments 5. emotional disturbance 6. developmental delay 7. other health impairments 8. orthopedic impairments 9. learning disability 10. intellectual disability (mild/moderate/severe) 11. visual impairments 12. deaf-blind 13. traumatic brain injury

The IEP Process simplified

1. recognition 2. pre-referral (stop?) 3. referral 4. evaluation 5. eligibility (stop?) 6. IEP process (IEP and LRE) 7. IEP implementation (FAPE) 8. IEP revaluation

(Xtra) Notes on Learning Disabilities

1960 Sam Kirk coined the term at an Learning Disability Association of America (LDA) meeting. Difficulty in: 1. Input 2. Integration 3. Memory 4. Output 5. Motor NOT: Emotional Disturbance, Intellectual Disability, Sensory Impairment, Inadequate Parenting, Lack of Exposure, Brain Damage

IDEA:

1990 - Individuals with Disabilities Education Act (Transition plans, Autism, TBI) • 1991 - IDEA Amendments (specified services that were to be made available to infants, toddlers, Transition to preschool, Vision, AT, Transportation) • 1997 - Reauthorization of IDEA. (ADHD to OHI, FBA and BIP, Transition Plan part of IEP • 2004 - Reauthorization of IDEA. (Annual Assessments, Highly qualified, IEP components, SLD identification, Alternative placements) Key Principles: Zero reject, Nondiscriminatory evaluation, Appropriate education, Least restrictive environment, Procedural due process, Parent participation, Nondiscriminatory Evaluation

Describe the referral process for special education services

2017 - 8.9% students received services under IDEA, 8.1% in NV Because of the federal laws and regulations that govern the education of students with disabilities, the IEP process has evolved over time that governs the special education referral process for free and appropriate education (FAPE).

Equal Employment Opportunity Commission (EEOC) vs Sears

ADA: Under the terms of the decree, the EEOC provided claim forms to certain Sears employees who had been terminated under Sears' workers' compensation leave policy. The claimants were asked to report to the EEOC, among other things, the extent of their impairments, their ability to return to work at Sears, and whether Sears had made any attempt to return them to work. Based on these criteria, the EEOC found that 235 individuals were eligible to share in the settlement. The average award was approximately $26,300. More than twenty claimants were found to be ineligible by the EEOC. As with all EEOC litigation, none of the settlement fund will retained by the EEOC; all of it will be distributed.

EEOC v Starbucks

ADA: mentally impaired must be accommodated in the workplace Elsa Sallard, whose stature is small due to dwarfism, was denied an opportunity to work. The job description for the barista position stated that no prior experience was required. During the orientation training, Sallard suggested that she could use a stool or small stepladder to more easily perform some of the tasks of preparing orders and serving customers. The manager at the El Paso Starbucks location disregarded Sallard's request. On the same day that Sallard requested the accommodation, Starbucks terminated her employment, claiming that she would pose a "danger" to customers and employees.

EEOC v. Wal Mart

ADA: According to the EEOC's suit, an assistant store manager at the Walmart store in Cockeysville, Md., offered Laura Jones a job as an evening sales associate, contingent on Jones passing a urinalysis test for illegal drugs. After Jones advised that she cannot produce urine because she has end-stage renal disease, the assistant store manager told her to ask the designated drug testing company about alternate tests, the EEOC said. According to the complaint, Jones went to the drug testing facility the same day and learned that the facility could do other drug tests if the employer requested it. Jones relayed this information to the Walmart assistant store manager, but management refused to order an alternative drug test. Jones's application was closed for failing to take a urinalysis within 24 hours.

Cedar Rapids v. Garret F. (1999)

ADA: Supreme court ruled that local school district must pay for 1:1 nursing care for a student who is medically fragile. -This decision reinforced the 1984 Tatro decision that schools must provide any and all health services needed for students with disabilities to attend school.

EEOC v. United Airlines

ADA: The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would impose an undue hardship for the employer. By requiring workers with disabilities to compete for vacant positions for which they were qualified and which they needed in order to continue working, the company's practice frequently prevented employees with disabilities from continuing employment with United, the EEOC said.

Low Incidence Disabilities

Disabilities that do not occur frequently in the population (i.e., blindness, spina bifada). *HOOT AVID low* Hearing Impairment/Deafness Orthopedic Impairment Other Health Impairment Traumatic Brain Injury Autism Visual Impairment/Blindness Intellectual Disability: Moderate/Severe Deaf-Blindness

High Incidence Disabilities

Disabilities that occur with relative frequency in the population, for example, learning disabilities and speech and language impairments; often referred to as mild disabilities. *I SLED high* Intellectual (mild) Speech Impairment Learning Disability Emotional Disturbance Developmental Delay

(Xtra) Special Education Origins

Formalized Special Education in 1975 (publicly-supported inclusive education is still recent, options are limited) Mid-1800's: up to the family 1850s+, institutions for the deaf, blind, and "feeble-minded" (intellectual disability) were established in the US. Public awareness spawned separate public classrooms, aka "ungraded classrooms" (Elizabeth Farrell) Rapid increase of institutional sorts of "deviants" beyond academic ability including language/race minorities, behavioral delinquents, and the poor. Motivations/Reasons behind early SPED instruction Increasing awareness mixed with altruism

What happened then between early SPED instruction and 1975?

Growing public awareness/sympathy of the prevalence of disability in their families and their friends' families and their communities' families 1. WW1 and WW2 vets returned home and challenged assumptions that disability reflected personal deficiency. Also Nazi eugenics and soul searching. 2.. teacher journals detailing teaching students with disabilities (attitudinal shift from disability as dredges to society to dignity behind disability). "More normal than extreme". - 3. Celebrity and parent confessional literature 4. Exposes like Willowbrook and leaks from within institutions 5. Family Advocacy: shared frustration that society did not care about their children. (NARC-Natl. Association for Retarded Children). Shared resources with families, started scrutinizing laws, disseminating reports

High Tech Assistive Technology

High Tech AT refers to the most complex devices or equipment, that have digital or electronic components, may be computerized, will likely *require training and effort to learn* how to use and *cost* the most. Examples include: power wheelchairs and scooters digital hearing aids computers with specialized software such as voice recognition or magnification software electronic aids to daily living digital hands-free headsets voice activated telephones communication devices with voices bluetooth integration digi-drive technology (operating a vehicle with a joystick)

Court Cases

IDEA *Brown v. Board* *Irving v. Tatro* Honig v. Doe (1988) PARC v. Commonwealth Endrew v. Douglas County (2017) ADA EEOC vs Sears EEOC v. United Airlines Cedar Rapids v. Garret EEOC v Starbucks EEOC v Wal Mart

IEP v 504

IDEA v ADA

*Irving v. Tatro* (1984) (Idependent school district v tatro)

IDEA: Amber tatro w/ spina bifida needs a catheter fixed every several hrs.. the school refused this service Court ruled it's a related service, not a medical so they had to do it (but took 5 years to pass) medical services are to be included under related services

Honig v. Doe (1988)

IDEA: Ruled that students couldn't be removed from school if the inappropriate behavior is related to the disability. Schools could suspend a student for up to 10 days, but not more than 10 days without due process. John Doe suspended for violence due to disability. He wanted to be expelled. Every student has the right to education. Schools responsible no matter the handicap.

*Brown v. Board of Education*

IDEA: a landmark decision of the U.S. Supreme Court in which the Court ruled that American state laws establishing racial segregation in public schools are unconstitutional, even if the segregated schools are otherwise equal in quality.

PARC v. Commonwealth of Pennsylvania (1972)

IDEA: challenged a state law that denied public school education to children considered "unable to profit from public school attendance"

FAPE: requires schools to prepare IEP's

IEP: • Implement plan: specialized instruction, accommodations, modifications - work toward goals • Meet annually • Case manager is main contact • Individuals with Disabilities Education Act • Student is found eligible under 1 of 13 categories 504: • Implement accommodations • Meet annually • Counselor is main contact • Civil Rights Law (Rehabilitation Act 1973) • Student is limited in one or more areas due to disability (can be temporary)

Low Tech Assistive Technology

Low tech AT are devices or equipment that don't require much training, may be less expensive and do not have complex or mechanical features. For example: handheld magnifiers large print text using paper and pen to communicate canes and walkers reachers/grabbers specialized pen or pencil grips and much more

13 eligibility categories in Sp-Ed (acronym)

MASHED HOLI-V DB TB

The IEP Process (1 - 4)

Phase 1: Recognition Student exhibits atypical needs as compared to peers. Phase 2: Pre-referral Student is provided interventions developed by the parents and a school-based team. RTI is tried at this point. Successful intervention Interventions not successful Process stops Move to Referral Phase 3: Referral Student is officially referred for evaluation for special education services by an adult with intimate knowledge of the student's ability. Phase 4: Evaluation With consent of the parents, the student is evaluated with a variety of assessment tools and strategies. The assessments must not discriminate and should provide information to help determine the unique needs of the student.

The IEP Process (5 - 8)

Phase 5: Eligibility IEP team determines if the is eligible for special education services. The student must have a disability that negatively impacts his/her educational performance and the child needs special education services in order to benefit from education. No disability is noted that impacts educational performance. Special education not required. Process stops. Student referred for interventions again. Phase 6: IEP Process (IEP and LRE) A multi-disciplinary team of parents, general and special education teachers, administrators, and others meets to develop the Individualized Education Program (IEP). This document guides the special education program that will be provided for the student. The IEP team must also determine the least restrictive environment (LRE) and provide justification in the IEP for more restrictive placements. Phase 7: IEP Implementation (FAPE) The entire IEP team has the responsibility to ensure that the IEP is implemented. Phase 8: IEP Reevaluation Each year, the IEP team is required to meet for the dual purpose of evaluating the implementation of the current IEP and to develop the next annual IEP. Determination that a disability impacts educational performance and eligibility is determined for special education services.

ADA - Civil Rights (cont)

Public Accommodations: • No individual may be discriminated against on the basis of disability with regards to the full and equal enjoyment of the goods, services, facilities, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation. Telecommunications: This section requires that all telecommunications companies in the U.S. take steps to ensure functionally equivalent services for consumers with disabilities, notably those who are deaf or hard of hearing and those with speech impairments. Title IV also led to creation, in all 50 States and the District of Columbia, of what were then called dual-party relay services and now are known as Telecommunications Relay Services(TRS). Miscellaneous Provisions: • It discusses, for example, the fact that nothing in the ADA amends, overrides or cancels anything in Section 504. • Title V includes an anti retaliation or coercion provision. Any form of retaliation or coercion, including threats, intimidation, or interference, is prohibited.

Explain three ways a learning disability might materialize in a student's learning. For each, describe a teaching strategy you might use or an intervention you would suggest.

Research continues to confirm that we can teach students with learning disabilities to "learn how to learn." We can put them into a position to compete and hold their own. Some intervention practices that produce large outcomes are: direct instruction; learning strategy instruction; and using a sequential, simultaneous structured multi-sensory approach. Teachers who apply those kinds of intervention: break learning into small steps; administer probes; supply regular, quality feedback; use diagrams, graphics and pictures to augment what they say in words; provide ample independent, well-designed intensive practice; model instructional practices that they want students to follow; provide prompts of strategies to use; and engage students in process type questions like "How is the strategy working? Where else might you apply it?" Scaffolding is also something that seems to make a real difference. Start out with the teacher using heavily mediated instruction, known as explicit instruction, then slowly begin to let the students acquire the skill, moving towards the goal of student mediated instruction.Success for the student with learning disabilities requires a focus on individual achievement, individual progress, and individual learning. This requires specific, directed, individualized, intensive remedial instruction for students who are struggling. Whether the student is in the general education classroom or learning in a special class setting, focus the activities on assessing individual students to monitor their progress through the curriculum. Concerns for the individual must take precedence over concerns for the group or the curriculum or for the organization and management of the general education classroom content.

What is an RTI?

Response to Intervention! We no longer wait for a child to fail before we intervene Simply speaking: It's good instruction. Evidence-based practices (interventions) Progress monitoring Looks at instruction rather than the students Should..... ▪ Utilize data-based problem solving ▪ Identify causes ▪ Implement evidence-based interventions. ▪ Monitor progress ▪ Ensure fidelity within tiers

What are some ways a student-led IEP are beneficial?

Students who actively participate during their IEP meetings are more likely to be employed and/or enrolled in higher education after graduation. Schools with high levels of student participation in IEP meetings have higher indicator 13 scores.

ADA - Civil Rights:

The ADA is a wide-ranging civil rights law that prohibits, under certain circumstances, discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964, which made discrimination based on race, religion, gender, national origin, and other characteristics illegal. Employment: • The ADA states that a covered entity shall not discriminate against a qualified individual with a disability. State and Local Government Activities: Prohibits disability discrimination by all public entities at the local (i.e. school district, municipal, city, county) and state level. Title II requires that all state and local governments give people with disabilities an equal opportunity to benefit all their programs, services, and activities (education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings) Access includes physical access described in the ADA Standards for Accessible Design and programmatic access that might be obstructed by discriminatory policies or procedures of the entity. Title II applies to public transportation provided by public entities. This section requires the provision of para-transit services by public entities that provide fixed route services.

MTSS pyramid

Tier 1 engages in academic instructional practices teaching social, emotional. behavioral and executive skills. Utilizes strategic practices for prevention of and early response to behavioral concerns and problem-solving for early struggling students. Has a high rate of positive Teacher:Student Contacts (4:1) as well as effective and consistent 2-way home-school communication. Tier 2 features efficient systematic interventions for students non-responsive to Tier 1 supports, has an array of group interventions addressing prevalent functions of behavior and skill-boosting. Tier 2/3 offers individualized support planning (Functional Assessment and Intervention Planning) for students non-responsive to Tier 1 and Tier 2 supports. Tier 3 utilizes school and community based intensive supports including intensive behavior support plans and crisis intervention. It is the focus of FAST Forward - Families and Systems Together.

Least Restrictive Environment

a legal requirement that children with special needs be assigned to the most general educational context in which they can be expected to learn Alt placements: Regular educational programs with modification; Resource rooms; Self-contained programs; Separate day school programs; Residential school programs; Home and hospital programs; and Other settings.

(Xtra) More Notes on Learning Disabilities

language processing disorders = think hard every time they speak, formulate ideas, sequence events, and choose words. often develop their own strategies, but it may take time. might need assistance developing a strategy. Difficulty processing and retaining information is not due to lack of intelligence. Students tend to get exhausted. This may result in avoidance, or escape type behaviors (joking, pretending, finding excuses to leave the room). Early intervention vs time to develop

What eligibility category has the highest percentage of students?

learning disabilites

Endrew v. Douglas County (2017)

the Court overturned the Tenth Circuit's decision that Endrew, a child with autism, was only entitled to an educational program that was calculated to provide "merely more than de minimis" educational benefit. the Court determined that, "[t]o meet its substantive obligation under the IDEA, a school must offer an IEP that is reasonably calculated to enable a child to make progress appropriate in light of the child's circumstances." The Court additionally emphasized the requirement that "every child should have the chance to meet challenging objectives."

Who might you see at an MTSS meeting? Explain how this supports an "integrated approach."

▪ Teachers ▪ Counselor ▪ Admin ▪ Speech Pathologist ▪ School Psychologist