““To Refer to Special Ed, To Refer to Special Ed, Or Not to Refer,Or Not to Refer,

That That IS IS the Question!”the Question!”

What What You need to know, You need to know,

and and here it is in a nutshell…here it is in a nutshell…

Presented by:Presented by:Susan B. BurnsSusan B. Burns

Sp. Ed. Coordinator, WSDSp. Ed. Coordinator, WSD

Understanding the Federal Education Laws:

An Overview of IDEA

(Individuals with Disabilities Educational Act)which falls under the Americans with Disabilities Act

which also includes

§504

What do you do when you hear from…What do you do when you hear from…

• Parent: “My child is having…Parent: “My child is having…

• Teacher: “A student is having…Teacher: “A student is having…

• Student: “I’m having…Student: “I’m having…

……difficulty in school?”difficulty in school?”

WSD Critical Questions to WSD Critical Questions to Ensure Student LearningEnsure Student Learning

• What do we want each student to learn?What do we want each student to learn?• How will we know when each student has How will we know when each student has

learned it?learned it?• What experiences and teaching strategies What experiences and teaching strategies

best promote understanding?best promote understanding?• How will we respond when a student How will we respond when a student

experiences difficulty in learning?experiences difficulty in learning?The FOCUS is differentiated instruction and The FOCUS is differentiated instruction and

differentiated ways for students to differentiated ways for students to demonstrate mastery. demonstrate mastery.

Other parts of the country referred to as Other parts of the country referred to as “RTI”“RTI”

So, where to start?So, where to start?

First: Best Teaching Practices• Identify exactly where the student is having

the difficulty-Is it “Can’t do?” or “Won’t do?”• Look at student history, Core Testing, ACT,

UBSCT, other standardized tests• Teachers have a variety of methods for

individualizing instruction to meet the needs of students

• Work closely with teacher(s)• Set realistic goals• Encourage parents to practice good parental

involvement• Utilize peer tutor or suggest (“If this were

my child, I’d hire a private tutor.”)

Second: Create an Intervention Plan

Here are a few ideas for Interventions:• Monitor time on task• How many breaks does the student need to take• Assignments need to be chunked into smaller

sections• Have classroom duties that allow for movement

as pieces of work are completed• Have folders and specific visual cues for turning

in homework• Set up an e-mail or note system so parent knows

homework was received• Establish a behavior chart for homework

completion. • Set up a reward system between teacher and

parent.

80% of learners can succeed without being taught

strategies…

The other 20% cannot survive without

them!!!

KEY: Monitor and track interventions for at least one

month• Collect DATA, DATA, DATA • Track and follow what works, what

doesn’t work• Work with school student support

team for ideas and interventions• If there is little or no improvement…

Refer to team for an evaluation.

Special Education ReferralSpecial Education ReferralFlow ChartFlow Chart

Please refer to HandoutPlease refer to Handout

The ProcessThe Process• The Local School Team

• Parent, teacher, counselor, administrator, with or without the student

• review the information/data

• This team will then determine what is required next:– More Conventional Interventions– §504 Referral– IDEA Referral– No Action

IDEA (Individuals with Disabilities Education Act)

• A federal statute governing all special education services in the United States and Puerto Rico

• Provides federal funding to school districts to support special education and related services

IDEA includes Child FindIDEA includes Child Find

• Child Find consistent with federal law, IDEA ensures that all children, birth to 21, are located, identified, evaluated and if eligible for Special Educational Services, receive a Free Appropriate Public Education (FAPE)

• This includes all children in all public and private agencies and institutions, regardless of the severity of their disability, and who are in need of Special Education and related services, are identified, located, and evaluated.

FAPEBoth IDEA and §504

provide a “FAPE” for children

“Free Appropriate Public Education”

LRELRE

Both provide a “LRE” for children

“Least Restrictive Environment”

ELIGIBILITY UNDER IDEA The child must meet the eligibility criteria in one of the 13

categories

1. Autism 2. Deaf/Blindness3. Developmental Delay

(DD)4. Emotional Disturbance

(ED)5. Hearing

Impairment/Deafness6. Intellectual Disability

(ID)7. Multiple Disabilities

(MD)

8. Orthopedic Impairment (OI)9. Other Health Impairment (OHI) 10. Specific Learning Disabilities

(SLD)11. Speech/Language Impairment12. Traumatic Brain Injury (TBI)13. Visual Impairment ((Including

Blindness)

ELIGIBILITY UNDER IDEA(continued)

If nothing else, remember this…

• The disabling condition must adversely affect the child’s educational performance creating an “educational need”

• The child must be in need of special education and related services and would be unsuccessful without them.

Educators must understand the differences:

• Accommodations

• An accommodation is a change made to the teaching or testing procedures in order to provide a student with access to information and to create an equal opportunity to demonstrate knowledge and skills

• Accommodations address HOW the student learns— they do NOT change WHAT they learn!

• Modifications

• A modification is a change in WHAT the student is expected to learn and/or demonstrate

• Modifications can change the mastery level for a student and must be appropriate to meet the student’s individual needs

EXAMPLES OF SIMPLE CLASSROOM ACCOMMODATIONS

• Tailoring homework assignments• Structuring the learning environment• Changing the way a test is given• Simplifying instructions about assignments• Providing a copy of peer notes• Supplementing verbal instructions with visual

instructions• Using behavioral management techniques• Modifying test delivery• Using tape recorders• Computer-aided instructions• Providing nursing services to supervise

administration of medication

EXAMPLES OF MODIFICATIONS

• The IEP Team will decide what modifications are necessary to “even the playing field” for the student with disabilities and meet the student’s needs

• Keep in mind that the findings of the team are not final– Parents have the right to appeal conclusions– The school is required by law, to inform

parents of the “due process” appeals procedure

REMEMBER

IDEA or §504both plans are

legal documents that the school must follow…

Especially the teacher in the classroom!

The “The “NOT REASONS”NOT REASONS” to to Request Request

Special Education TestingSpecial Education Testing • NOT because a student has an obvious NOT because a student has an obvious

or documented disability or documented disability • NOTNOT to determine what level the student is to determine what level the student is

functioning on: in reading, writing, and functioning on: in reading, writing, and mathmath

• NOTNOT to find out a student’s IQ to find out a student’s IQ• NOT NOT because it is something to rule out in because it is something to rule out in

the intervention processthe intervention process• NOT NOT because a student is failing because a student is failing• NOTNOT because a student isn’t coming to because a student isn’t coming to

classclass

““THE” REASON THE” REASON (aka criteria)(aka criteria) to refer a student for to refer a student for

Special Education TestingSpecial Education TestingOnly after all steps of the flow chart have Only after all steps of the flow chart have

been followed with fidelity (especially been followed with fidelity (especially documented interventions which has data to documented interventions which has data to show why the interventions failed) and the show why the interventions failed) and the student/parent/guardian, are requesting student/parent/guardian, are requesting consideration for qualifying (under one of consideration for qualifying (under one of the 13 categories) for Special Education the 13 categories) for Special Education Services upon the determination of the team Services upon the determination of the team decision process. decision process. Referral for SpEd Referral for SpEd testing is the last step, after all other testing is the last step, after all other interventions have been exhausted.interventions have been exhausted.

New Initial ReferralsNew Initial Referrals

• Students rarely qualify for Special Education Students rarely qualify for Special Education Services in High School for the Services in High School for the first time.first time.

• If they do qualify it is because…If they do qualify it is because…– Served in Special Education previouslyServed in Special Education previously– Sustained recent severe injurySustained recent severe injury– Very rare, but it does happen, a student has Very rare, but it does happen, a student has

“fallen through the cracks” and does qualify “fallen through the cracks” and does qualify under one of the 13 categories.under one of the 13 categories.

After all this if you have any After all this if you have any questions then…questions then…

• Contact your local Special Education Contact your local Special Education Department (Pat Wright is the Department Department (Pat Wright is the Department Head )Head )

• They will contact SpEd CoordinatorThey will contact SpEd Coordinator• Coordinator will go to DirectorCoordinator will go to Director• Director will go the State Office of EducationDirector will go the State Office of Education• State Office of Education will go to the FEDSState Office of Education will go to the FEDS• We’ll figure it out from there!We’ll figure it out from there!

Special thanks to:

Each of you, your time and for allowing

me to present this information.

Contributors:Rand Eberhard

Ed WilliamsLaura Swenson

Ann MillerWSD Student Services

WSD Special Education Dept.USOE

FEDERAL LAW&

anyone else I borrowed stuff from!