Special Education: 30 Myths in 30 Minutes

Special Education: 30 Myths in 30 Minutes

Thomas A. MayesLegal Consultant

Iowa Department of Education

Why do these myths exist?

• Old knowledge that is accepted as current

• Overcompensation/overcorrection to new knowledge

• Lack of complete/enough knowledge

• Willful ignorance, or a calculated refusal to confront the facts

I apologize in advance…

if I do not offend you.

So…

Here are the

30 Myths,in no particular order.

MYTH # 1

Vaccines cause autismMeet Dr. Andrew

WakefieldProponent of autism/vaccine link.

Media superstar.Faker of data.

No longer a doctor.

Myth # 1: The reality

There is no scientific evidence that vaccines cause autism.

The “study” has been withdrawn by its publisher. The medical license of its author has been

revoked. The court cases have also concluded this is a

myth.

Authority: Cedillo v. Secretary of Health & Hum. Servs., 2010-5004 (Fed. Cir. Aug. 27, 2010).

Myth # 2

“It is impossible to discipline a special education kid.”

We can’t suspend. We can’t expel. We can’t seclude or restrain. We’ve lost control of the classroom.

Myth # 2: The reality

You can discipline a child with an IEP; however, in certain cases you must

provide additional protections.• Continue to provide services during expulsions or long-term

suspensions.• Manifestation determinations in conjunction with expulsions

or long-term suspensions.

• Expedited due process hearings. Authority: Iowa Admin. Code r. 281—41.530.

Myth # 2: The reality

Iowa law does not “ban” seclusion & restraint.It does, however:• Ban certain types of restraint (prone, about the

neck).• Prohibit using seclusion/restraint for minor

infractions and routine discipline.• Require training, documentation, notice to parents.Authority: Iowa Admin. Code ch. 281—103.

Myth # 3

Little Johnnie has Level 3 weighting.

Therefore…. Little Johnnie goes to the

Level 3 classroom, where he takes

“Level 3 Math,” etc.

Myth # 3: The reality

“Levels” 1, 2, and 3 are finance mechanisms. They are determined by a child’s need. They do not determine a child’s programming or placement.

Basing a child’s programming or placement based on a child’s “Level” or “Weightedness” is illegal.

Authority: 20 U.S.C. § 1412(a)(4)(B); Iowa Admin. Code r. 281—41.907(9).

Myth # 4

We don’t do “504s” in this district.

Myth # 4: Editorial Comment

Myth # 4: The reality

Yes, you do (or you will, after you get caught).

Section 504 of the Rehabilitation Act of (29 U.S.C. § 794) applies to all of Iowa’s school districts. There is no “opt in/opt out.” You can’t pick and choose which civil rights laws you want to obey.Authority: U.S. Const. art VI, cl. 2.

Myth # 5

“The goal of the IEP team is to

reach consensus.”

Myth # 5: The reality

The goal of the IEP team is to write an IEP. The IEP must be reasonably calculated to confer benefit, and must be drafted according to the IDEA’s procedural requirements.

• Consensus isn’t required. • Consensus, for consensus’s sake, can actually chill important

discussions.• That is why the IDEA provides procedural safeguards.

Authority: Iowa Admin. Code rr. 281—41.321-.322; Board of Educ. v. Rowley, 458 U.S. 176 (1982).

Myth # 6

Evaluate? NO! We cannot evaluate this

child yet! We are not quite finished with our

AEA’s interventions!

Myth # 6

Whew! Almost through ‘supplemental’ but not quite to ‘intensive.’

Myth # 6: The reality

A public agency shall seek parental consent to evaluate a child whenever the public agency suspects the child may be a child with a disability. This is true even if the public agency is still “doing interventions.”

Authority: Iowa Admin. Code r. 281—41.111; Letter to Anonymous, 19 IDELR 498 (OSEP 1992).

Myth # 7

The general classroom is the least restrictive environment (LRE).

Myth # 7: The reality

A child’s LRE is the least restrictive setting where the child may receive a FAPE.

If the child cannot receive a FAPE in the general classroom, the general classroom is not the child’s LRE.

Authority: Iowa Admin. Code r. 281—41.114; A.W. v. Northwest R-1 Sch. Dist., 813 F.2d 158 (8th Cir. 1987)

Myth # 8

Children with disabilities (“on IEPs”) cannot go to the alternative school or the alternative program.

That would be “double dipping.”

Myth # 8: The reality

FALSE ON MULTIPLE LEVELS.Excluding children solely because of disability

violates civil rights laws.If a child with a disability requires access to the

alternative setting to receive a FAPE, it must be provided.

The double-dipping argument is based on faulty premises.

Authority: DE Guidance Document (citing statutes)

Myth # 9

“We can use paraeducators to provide instruction.”

or“We can use the collaborative

model with paraeducators.”

Myth # 9Selections from a Prior Written Notice

Myth # 9: The reality

Teachers teach. Paraeducators help teachers or other licensed professionals. Paraeducators do not teach.

By the way, you cannot use the collaborative model with paraeducators. That model is premised on collaboration between teachers.

Authority: Iowa Admin. Code r. 281—41.403

Myth # 10

You have to do a manifestation

determination each time an

eligible individual is suspended.

Myth # 10: The reality

A manifestation determination is required only if a suspension, expulsion (or any other removal) results in a change in placement.So, no change in placement? No manifestation determination required.

Authority: Iowa Admin. Code r. 281—41.530(5)

Myth # 11

FAPE stops at 3:30.

Myth # 11: The reality

A free appropriate public education may include extracurricular activities.

A public agency must take steps to offer children with disabilities an equal opportunity for participation in extracurricular activities.

Required supports belong in the IEP.

Authority: Iowa Admin. Code rr. 281—41.107, 41.117, 41.320(1)(e).

Myth # 12

“My doctor suggested a

service in a report. The

school has to provide it.”

Myth # 12

Myth # 12: The realityDecisions are made by teams, not individuals. This is true even if the individual has a professional degree or license, has earned a Nobel prize, etc.

Teams make all special education decisions of consequence.

Authority: Iowa Admin. Code rr. 281—41.116 (placement), 41.306 (eligibility), 41.321 (IEPs), 41.405 (special health services)

Myth # 13

“We can’t tell the bus drivers about Little Tommy’s behavior intervention plan. That’s confidential!”

Myth # 13

Myth # 13: The reality

All services providers must know:– Specific responsibilities related to implementing

the child’s IEP– Specific accommodations, modifications, and

supports that must be provided for the child in accordance with the IEP

All services providers must have access to the child’s IEP.

Authority: Iowa Admin. Code r. 281—41.323(4)

Myth # 14

Special education is really for all children who need extra help with their learning.

Myth # 14: The reality

Special education is for children who need help with learning because of a disability, and not solely for other reasons.

Authority: Iowa Code § 256B.2(1)(a)

Myth # 15

Special education means a parallel curriculum.

Myth # 15: The reality

Special education is adapting content,

methodology, or delivery so children

with disabilities can “access the general

curriculum.”

Authority: 34 C.F.R. § 300.39

Myth # 16

The problem really is those move-ins from [insert location here].

Myth # 16: The reality

Those “move-ins” are your agency’s kids now, and you are responsible for their education.

Authority: Iowa Admin. Code r. 281—41.51(12)

Myth # 17

“My child has a diagnosis of [insert condition here]. You must give her an IEP.”

Myth # 17: The reality

It is not enough to have a diagnosis. A child also must have a need for special education.

Authority: Iowa Admin. Code r. 281—41.8

Myth # 18

‘Data this. Data that.’ Why do

we have to worry about data?

Shouldn’t we be worrying about

serving kids with disabilities?

Myth # 18: The reality

Data are very important. By examining your data, you can direct your activities and you can tell if you actually served a child.

Authority: Iowa Admin. Code rr. 281—41.211, 41.314

Myth # 19

We can use special education

resources to roll out the Iowa Core

Curriculum, because good core

instruction would really help children

with disabilities.

Myth # 19: The reality

If an activity helps all children, such as “rolling out the Core,” then one may not devote special education funds to that activity.

Authority: Iowa Code § 256B.9

Myth # 20

If my child has an IEP, I

do not have to pay for

anything.

Myth # 20: The reality

Parents of children with disabilities are still responsible for “incidental fees” that are “part of the regular education program.”

Remember … fee waivers for children with low income and children in foster care.

Authority: Iowa Admin. Code r. 281—41.39(3)

Myth # 21

Why shouldn’t we expect an achievement gap for kids with disabilities?

NAEP 4th Grade Math

MA ND MN IN NJ WY KA NH MT ME NC IA VT

Students with IEPs

79.448223948192

3

77.275124522418

9

71.998380581577

69.517925476532

6

68.922782684117

9

68.151563906172

4

68.262368345227

9

70.588311578228

2

65.235786499094

8

65.328657778905

3

63.236149337676

59.191239190870

6

59.120402862242

3

Students without IEPs

94.256867504116

7

93.020702824154

6

91.076295408682

2

89.855809479473

9

90.113105040535

7

90.715202006658

8

91.511786308880

9

95.598459911551

4

91.006412119083

8

91.305008276257

3

89.627441584741

90.719147007195

2

93.204119959726

3

Gap

14.808643555925

7

15.745578301736

7

19.077914827105

2

20.337884002941

3

21.190322356417

8

22.563638100487

3

23.249417963653

3

25.010148333322

6

25.770625619990

1

25.976350497353

1

26.391292247065

1

31.527907816324

5

34.083717097483

4

5

25

45

65

85

Perc

ent

at

basic

or

above

NAEP 8th Grade Math

ND MN WI NH NJ KS PA ME WY SD VT MT IA

Students with IEPs

60.9307784007323

49.535285431544

44.428834191073

44.9067028433847

42.1961912977438

39.3490220798227

39.4808798683193

37.1515767170782

36.475698739434

39.4629726790384

34.795981784996

30.4567063170806

25.0170188912046

Students without IEPs

88.6452917491694

86.4356201503818

83.8568005598339

87.7432958340717

85.7151973515024

83.0321632889096

84.2448657058132

83.9908155393434

83.332579590065

86.9039872526606

87.9849507084184

87.9409547414214

83.079175968039

Gap

27.7145133484369

36.9003347188378

39.4279663687615

42.8365929906871

43.5190060537582

43.6831412090861

44.7639858374924

46.8392388222645

46.8568808506305

47.4410145736224

53.1889689234227

57.4842484243403

58.0621570768346

5

15

25

35

45

55

65

75

85

95

Percen

t at b

asic or ab

ove

Myth # 21: The reality

The law’s nonnegotiable expectations

Access to general curriculum

Attainment of standards applicable to all

children

Authority: 20 U.S.C. § 1401(c)(4).

Myth # 22

Each child learns

differently.

Myth # 22: The reality

There are certain rules that apply to all children. Start there.Authority: Heward, “Ten Faulty Notions…,” 36 J. Spec. Educ. 186 (2003)

Myth # 22

Myth # 23

Senior Year Plus programs are not for children with disabilities.

Myth # 23: The reality

Proficiency? Yes, but…Alternative means of demonstrating

Access to program options

FAPEAuthority: Iowa Code § 261E.3, Iowa Admin. Code r. 281—41.110

Myth # 24

Response to Intervention (RTI)

is special education.

Myth # 24: The reality

RTI is effective education.

RTI is not limited to special education.

Authority: 34 C.F.R. § 300.307; see alsohttp://www2.ed.gov/programs/titleiparta/rti.html

Myth # 25

We really don’t know what to do about racially disproportionate placement in special education.

Myth # 25: The reality

We know what to do. We just don’t do it.

Universal screeningEarly intervention

Authority: National Research Council, Minority Students in Special and Gifted Education (Suzanne Donovan & Christopher T. Cross, eds. 2002)

Myth # 26

The special educator’s most important task is to give students self-esteem.

Myth # 26: The reality

The special educator’s most important task is to give students a FAPE.Authority: Heward, “Ten Faulty Notions…,” 36 J. Spec. Educ. 186 (2003)

Myth # 27

We don’t do general

education interventions

any more.

Myth # 27: The reality

General education interventions are still part of Iowa’s rules.

General education intervention rules now provide that general education is primarily responsible for general education interventions.

Authority: Iowa Admin. Code rr. 281—41.111, 41.312.

Myth # 28

I won’t give a kid with an IEP any grade higher than a ‘C+’ because that just wouldn’t be fair.

Myth # 28: The reality

Modified course expectations and content?Modified grade okay.Accommodations?

Modified grade not okay.Blanket rule on grading kids with IEPs?

Intentional disability discriminationAuthority: 29 U.S.C. § 794

Myth # 29

Oh, no. We won’t pay for that. That is just way too expensive.

Myth # 29

Not necessary for FAPE?No need to pay.

Necessary for FAPE?Need to pay.

Two options for FAPE?Can consider cost.

Authority: 20 U.S.C. § 1401(9)

Myth # 30

All this compliance [garbage] is getting in the way of improving student performance.

Myth # 30: The reality

Compliance is the road to improved performance. Each compliance “issue” has a demonstrable link to achievement.

Authority: 20 U.S.C. § 1415(f)(3)(E)(ii).

Myth # 30

Questions?Comments?

Insults?

“30 Myths in 30 Minutes”

Thank you for your attention!

Thomas A. MayesLegal Consultant

Iowa Department of Education515-242-5614

Thomas.Mayes@iowa.gov