Inclusion

ABOUT YOUR PRESENTER

• Selina O’Shannon, Senior Advocate for the Education Team

• Over 17 years of experience in special education and her areas of interest include training in disability awareness, Positive Behavior Support, inclusive programming, and person-first language.

• Masters Degree from the University of South Florida.

• Joined Disability Rights Florida in 2003.

• Former Elementary Teacher for the public school system and worked with the University of South Florida’s Positive Behavior Support Project providing training and technical assistance on classroom, non-classroom, and school-wide PBS levels across the state of Florida.

• Member on the Florida Developmental Disabilities Council’s Child Development and Education Task Force and serves on the Consumer Advisory Committee for the University Center for Excellence in Developmental Disabilities at the University of South Florida.

DISABILITY RIGHTS

FLORIDA

• Disability Rights Florida is the designated protection and advocacy system for individuals with disabilities in the State of Florida.

• Disability Rights Florida has authority and responsibility under eight federal grants.

• Established in 1987, Disability Rights Florida is a statewide, not-for-profit corporation.

OUR MISSION

• To advance the quality of life, dignity,

equality, self-determination, and freedom

of choice of persons with disabilities

through collaboration, education,

advocacy, as well as legal and legislative

strategies.

We Will Cover

• Least Restrictive Environment Regulations and Rule

• Inclusion

• Placement

• Factors Pro and Con

• Myths

Rosa Parks

• In 1955 a brave woman named Rosa

Parks was tired of being denied equality.

She wanted to be fully included in society.

Ms. Parks sat down on a bus in a section

reserved for "white" people.

Rosa Parks

• When Ms. Parks was told to go to the back

of the bus, she refused to move. She was

arrested, and the law was challenged and

changed. All of this happened because

Rosa Parks was tired of being excluded.

When Ms. Parks challenged segregation

she made a stand for inclusion.

Where is it Defined?

• Where do I find Universal Education

defined in IDEA?

• Where do I find Inclusion defined in IDEA?

• Where do I find mainstreaming defined in

IDEA?

20 U.S.C. § 1412(a)(5)(A)

• Least Restrictive Environment (LRE)

• To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled, and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

6A-6.03028(i)

• (i) Least restrictive environment (LRE) and placement determinations. Placement determinations shall be made in accordance with the least restrictive environment provisions of the IDEA and Rules 6A-6.03011 through 6A-6.0361, F.A.C., as follows:

• 1. To the maximum extent appropriate, students with disabilities, including those in public or private institutions or other facilities, are educated with students who are not disabled;

6A-6.03028(i)

• 2. Special classes, separate schooling or

other removal of students with disabilities

from the regular educational environment

occurs only if the nature or severity of the

disability is such that education in regular

classes with the use of supplementary

aids and services cannot be achieved

satisfactorily; and

6A-6.03028(i)

• 3. A continuum of alternative placements must be available to meet the needs of students with disabilities for special education and related services, including instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions and a school district must make provision for supplementary services (such as resource room or itinerant instruction) to be provided in conjunction with regular class placement.

6A-6.03028(i)

• 4. In determining the educational

placement of a student with a disability,

including a preschool child with a disability,

each school district must ensure that:

• a. The placement decision: • (I) Is made by a group of persons, including the parents, and

other persons knowledgeable about the student, the meaning

of the evaluation data, and the placement options; and

• (II) Is made in conformity with the LRE provisions of this rule.

6A-6.03028(i)

• b. The student’s placement:

• (I) Is determined at least annually;

• (II) Is based on the student’s IEP; and

• (III) Is as close as possible to the

student’s home.

6A-6.03028(i)

• c. Unless the IEP of a student with a disability requires some other arrangement, the student is educated in the school that he or she would attend if nondisabled;

• d. In selecting the LRE, consideration is given to any potential harmful effect on the student or on the quality of services that he or she needs; and

• e. A student with a disability is not removed from education in age-appropriate regular classrooms solely because of needed modifications in the general education curriculum.

6A-6.03028(i)

• 5. In providing or arranging for the provision of nonacademic and extracurricular services and activities • Including:

• meals,

• recess periods,

• counseling services,

• athletics,

• transportation,

• health services,

• recreational activities,

• special interest groups or clubs sponsored by the school district,

• referrals to agencies that provide assistance to individuals with disabilities,

• and employment of students, including both employment by the school district and assistance in making outside employment available.

6A-6.03028(i)

• Each school district must ensure that each student with a disability participates with students who are not disabled to the maximum extent appropriate to the needs of the student.

• The school district must ensure that each student with a disability has the supplementary aids and services determined by the student’s IEP Team to be appropriate and necessary for the student to participate in nonacademic settings.

Federal DD Assistance &

Bill of Rights Act of 2000

• States that disability is a natural part of the

human experience and does not diminish

the right of individuals with disabilities to fully

participate in and contribute to their

communities through full integration and

inclusion in the economic, political, social,

cultural and educational mainstream of

United States society. 42 U.S.C. § 15001.

Universal Education

• Universal education, alternately referred to as

inclusion, requires effective collaboration

among teachers, therapists, students, family

members and others that are involved with

the student’s development. There must be

specific and organized processes for decision

making and problem solving among all

stakeholders.

Effective Practices

• Effective practices for universal education are: • administrative leadership;

• supports in the general education classroom;

• peer support and interaction;

• natural proportions;

• differentiated instruction;

• authentic learning experiences;

• physical environments facilitate learning;

• reduction of one-to-one support;

• age appropriate placements and heterogeneous groupings;

• community building; student access to accommodations and technology;

• participation of all;

• a collaborative culture;

• transition planning at all levels;

• positive behavior supports; and

• progress evaluation.

Collaboration

• Continuous collaboration and education of key stakeholders in research-based best practices that ensure high expectations,

• Access to age appropriate “general” education curricular and extra-curricular activities for all students with disabilities and

• Work toward removing all barriers that interfere, impede and/or prohibit access to the full range of learning opportunities.

School Improvement Plans

• Leadership at the local level through

school improvement plans that advance

inclusive educational goals for all students.

Resources

• Re-allocation of resources and restructuring of educational systems (e.g. state, district, school and instructional team) to support inclusion of all children and adults with disabilities.

• Allocation of resources to promote school and community-based inclusion for all persons with disabilities.

Disability Awareness

• The development of community

understanding and awareness about the

benefits of school inclusion for all and the

contributions of persons with disabilities.

LRE

• What does that mean for the student?

• Does that mean the school must place the

student in general education with non-

disabled peers?

Continuum of Services

• The IDEA does not mandate inclusion.

• The law requires LRE and the analysis begins with placement in the general education classroom.

Remember *

Removal from the general education classroom occurs only when the nature or severity of the disability is such that education in general education cannot be done satisfactorily with the use of supplementary aids and services.

Needs Determine Placement

• What is the appropriate educational

placement for the student?

• What does the student require to receive a

free and appropriate public education?

Continuum of Placements

• School Districts must offer a continuum of

alternative placements for students with

disabilities who require specially designed

instruction and related services.

Continuum Concept

• Placement based on meeting the student’s

specific unique needs.

• What services would the student need to

be successful in general education?

• Can this setting meet the student’s

educational as well as socialization

needs?

Concept of Inclusion

• Inclusion is commonly thought of as a student

with disabilities receiving at least a portion of

the education in regular education classroom.

• Full inclusion is the placement of a student

with disabilities in the home school in a

regular education classroom with age and

grade appropriate peers on a full-time basis.

Intent

• The law intended that students be

included based on the students’ needs, as

determined by the IEP Team, not the

school district’s policy or parental wishes.

Purpose

• Inclusion considers that all students are

full members of the school community and

are entitled to the opportunities and

responsibilities that are available to all

students in the school.

Instruction

• Students with disabilities are provided

specially designed instruction in their least

restrictive environment (LRE).

• LRE varies according to the individual

student’s unique needs and goals.

Goals

• In order to determine the LRE, federal and state laws require that the individualized educational program/plan (IEP) committee first develop the individual goals for the student.

• Then determine how and where the student's goals can be met.

Assistive Technology

• The IEP team needs to consider the use of

assistive technology to assist the student

in gaining independence and increasing

opportunities for communication and

socialization.

• Assistive technology can help the student

access the general education curriculum.

Assistive Technology

Assessment

• If an individual education plan team makes a recommendation in accordance with State Board of Education rule for a student with a disability, to receive an assistive technology assessment, that assessment must be completed within 60 school days after the team’s recommendation.

• 1003.575 Florida Statute

Benefit

• Research has shown that with the right

preparation and support, everyone

benefits from an inclusive approach to

education.

Mainstreaming

• Mainstreaming is the placement of a

student with disabilities in a regular

education class with the expectation that

the student will meet the curriculum

requirements for the class, with

supplementary aids and services.

General Education

Curriculum

• A student with a disability should not be

removed from education in age-

appropriate regular classrooms solely

because of needed modifications in the

general curriculum.

• 34 C.F.R. § 300.352(e).

Presumption of IDEA

• IDEA has been interpreted to create a

strong presumption that students with

disabilities be educated in regular classes

with appropriate supplementary aids and

services.

• IDEA has not been interpreted to provide a

mandate for full inclusion.

Factors

• When there is a dispute, the standard test

is whether a student can be educated

satisfactorily in a regular education

classroom with supplementary aids and

services.

• The courts and administrative law judges

look at several factors.

Factor 1

• What reasonable efforts has the school district made to accommodate the student in the regular education classroom?

• The IEP can be implemented in the regular education classroom with the use of supplementary aids and services. 34 C.F.R. § 300.550(b) & 34 C.F.R. § 300.552(b)(2).

Factor 2

• What are the educational benefits available to

the student in a regular education setting with

appropriate supplemental aids and services,

and both academic and socialization

opportunities?

• This can include development of social and

communication skills, increased sense of self

esteem, language and role modeling.

Factor 3

• What are the possible negative effects,

including those that the student would

have on the other students in the class?

• For example, would the student’s behavior

impact the ability for other students to gain

educational benefit?

Balancing Social and

Academic Behavior

• The student interaction with non-disabled peers is not enough benefit, the student must show awareness and some positive reaction to being with his/her non-disabled peers. • Daniel R.R. v. State Bd. of Educ. 441 IDELR 433 (5th

Cir. 1989); Greer v. Rome City Sch. Dist. 18 IDELR 412 (11th Cir. 1991); Oberti v. Bd. of Educ. 19 IDELR 908, 914 (3rd Cir. 1993); Sacramento City Unified Sch. Dist. Bd. of Educ. V. Rachel H. 20 IDELR 812 (9th Cir. 1994)

Factors Against Inclusion

• The student will not receive educational benefits in the regular education classroom, even with the use of supplementary aids and services. Independent Sch. Dist. No. 284 v. A.C. by C.C., 35 IDELR 59(8th Cir. 2001); Hartman by Hartman v. Loudoun County Bd. of Educ., 26 IDELR 167 (4th Cir. 1997); and Daniel R.R. v. State Bd. Of Educ., 441 IDELR 433 (5th Cir. 1989)

Factors Against Inclusion

• The student requires so much of the

teacher’s time and attention that the

student substantially interferes with the

education of the other students.

• Greer v. Rome City Sch. Dist., 18 IDELR 412

(11th Cir. 1991).

Factors Against Inclusion

• The student threatens the safety or poses

a danger to himself/herself if placed in the

regular education classroom.

• Clyde K. ex rel. Ryan K. v Puyallup Sch. Dist.,

21 IDELR 664(9th Cir. 1994).

Factors Against Inclusion

• The student’s curriculum will require so

much modification that the regular

program has to be altered beyond

recognition.

• Lachman ex. rel. Lachman v. Illinois Bd. of

Educ.,441 IDELR 156 (7th Cir. 1988).

LRE Cannot Be Denied

• The school cannot deny LRE based on administrative convenience or economic considerations.

• The student’s removal from general education cannot be based on service delivery, availability of educational, related services or availability of space. • Letter to Van Wart, 20 IDELR 1217 (OSEP

1993); Accord Letter to Boschwitz, 213 IDELR 215 (OSERS 1988)

Age-Appropriate

• The term age-appropriate is not defined in IDEA, instead it is a matter of state law or policy.

• When chronological age is the basis for regular education grade level placement, Section 504 prohibits using any other basis, such as mental age, solely for students with disabilities to be included in regular classrooms.

• Henderson County (NC) Sch. Dist., 19 IDELR 170 (OCR 1992)

Collective Bargaining

Agreements

• The requirement under IDEA to provide

special education services to all eligible

students with disabilities overrides any

contrary provision of a collective bargaining

agreement, even where the provisions

concern the responsibilities of regular

education teachers for students included in

the regular education classroom.

Collective Bargaining

Agreements

• When the IEP committee determines that the student needs a particular service, in order to receive a FAPE, the school must provide the appropriate services, regardless of any contrary provision to its collective bargaining agreement.

• Letter to Anonymous, 17 IDELR 393 (OSEP 1990); Letter to Williams, 21 IDELR 73 (OSEP 1994)

Myths

• The student has to earn his/her way into

the general education classroom.

• The student must be on grade level to be

included in general education.

• The student must not need

accommodations or modifications to the

curriculum.

Myths

• The student must not need the assistance

of a paraprofessional, as that would be the

most restrictive setting.

• The student must not have any behavioral

difficulties.

• The student’s program is based on his/her

eligibility/disability/exceptionality.

Experience

• Students with disabilities and their non-

disabled peers benefit from inclusion.

• The benefits of inclusion cannot be

captured in a goal.

• Inclusion prepares students with

disabilities for independence and post-

secondary life.

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