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Steps to Least Restrictive Environment
Rhonda Kempton
Best Practices in Determining the Least Restrictive Environment
• Legal reference
• Vocabulary
• P.J. Settlement Agreement
• Determination process
• Alignment and Access
• Instructional practice
Article 7Children with disabilities
1. States Parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children.
2. In all actions concerning children with disabilities, the best interests of the child shall be a primary consideration.
3. States Parties shall ensure that children with disabilities have the right to express their views freely on all matters affecting them, their views being given due weight in accordance with their age and maturity, on an equal basis with other children, and to be provided with disability and age-appropriate assistance to realize that right.
• http://www.un.org/disabilities/default.asp?id=259 Convention on the Rights of Persons with Disabilities
The statute passed by Congress (Public Law 108-446) and signed into law by President George W. Bush in December 2004
(c) FINDINGS.—Congress finds the following: (1) Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.
The final regulations for Part B of IDEA, published in August 2006, open with a statement of the IDEA’s purposes, which are:
• (a) To ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living;
• (b) To ensure that the rights of children with disabilities and their parents are protected;
• (c) To assist States, localities, educational service agencies, and Federal agencies to provide for the education of all children with disabilities; and
• (d) To assess and ensure the effectiveness of efforts to educate children with disabilities. (§300.1)
Thus, because of IDEA, children with disabilities are entitled to a “free appropriate public education” (often called FAPE). This means that schools must provide eligible children who have a disability with specially designed instruction to meet their unique needs, at no cost to the child’s parents. This specially designed instruction is known as special education.
To say that IDEA has a huge impact on educational policy and practice is to understate the reality. IDEA’s Part B regulations provide States with extensive guidelines and requirements in how to design and implement special education programs for children with disabilities, including federal fiscal support via formula grants to States exceeding $10.5 billion annually Assistance to States for the Education of Children with Disabilities and Preschool Grants for Children with Disabilities, Final Rule, 71 Fed. Reg. 46540 (August 14, 2006) (to be codified at 34 C.F.R. pt.300).Available online at: http://www.nichcy.org/reauth/IDEA2004regulations.pdf or http://idea.ed.gov
Summary
• “Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.”
• Findings of Congress, Public Law 108-446. Section
601(c)(1).
Both acts reflect the vision that is being promoted:
• High expectations for all students
• Uniform standards for all students
• Public accountability for all schools
IDEA and NCLB
FAPE
§300.17 Free appropriate public education• Free appropriate public education or FAPE means special
education and related services that—• (a) Are provided at public expense, under public supervision
and direction, and without charge;• (b) Meet the standards of the State Education Agency (SEA),
including the requirements of this part; • (c) Include an appropriate preschool, elementary school, or
secondary school education in the State involved; and • (d) Are provided in conformity with an individualized
education program (IEP) that meets the requirements of §§300.320 through 300.324.
LRELeast Restrictive Environment
• §300.114 LRE requirements.• (2) Each public agency must ensure that—• (i) 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 nondisabled; and
• (ii) Special classes, separate schooling, or other removal of children 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.
• Points to Considerhttp://www.sde.ct.gov/sde/cwp/view.asp?a=2626&q=320792
Accommodation: 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
(HOW)
Accommodations do not
change the instructional level,
content, or performance
criteria for meeting standards;
they do not alter the big idea
or major learning outcomes
expected of the instruction.
Types of Accommodations
• Time
• Level of Support
• Input
• Output
Adapted from:
Center for School and Community Integration, Institute for the Study of Developmental Disabilities, Indiana University, Bloomington, IN
Modification: A change in what
the student is expected to learn
and/or demonstrate (WHAT)
While a student may be working
on modified course content,
the subject area remains the
same as for the rest of the
class.
Modifications may alter
the subject matter or the
expected performance of
the student.
Types of Modifications
• Size
• Difficulty
• Participation
• Alternate Goals
• Substitute Curriculum
Adapted from:
Center for School and Community Integration, Institute for the Study of Developmental Disabilities, Indiana University, Bloomington, IN
P.J., ET AL. Plaintiffs
V STATE OF CONNECTICUT, BOARD OF EDUCATION, ET
AL. Defendants
Synopsis of the Settlement Agreement
PJ Goals
Increase in the % of students with ID who are placed in regular classes (80% or more of day with nondisabled peers )
Reduction in the disparate identification of students by local education agency (LEA), race, ethnicity, gender
Increase in the mean and median % of the school day spent with nondisabled peers
Increase in the % of students who attend their “home school” (school they would otherwise attend if not disabled)
Increase in the % of students who participate in school-sponsored extracurricular activities with nondisabled students
http://www.sde.ct.gov/sde/lib/sde/pdf/deps/sa/goals1_5.pdf.
IDEA and the Least Restrictive Environment
FAQ’s
What is inclusion?Inclusion is a philosophy or belief that all people belong and make valuable contributions to a community. Used in a school context this means the school community and the classroom.
Is this a new legal requirement?No. Inclusion is not mentioned in the laws. The IDEA 97 law, revised 2004,(original PL 94-142), states “to the maximum extent appropriate, students with disabilities will be educated in the least restrictive environment..(with their nondisabled peers) in regular classes with appropriate modifications and services. There recently (2002) was a settlement case (PJ et.al) in Connecticut that speaks specifically to children with Intellectual Disabilities receiving education and support services in the general education setting 80% of the school day.
Inclusive Practices: Myth and Reality
Myth: General education students receive a “watered down” curriculum to compensate for students with special needs in the classroom.
Reality: The general education curriculum is adapted and modified to meet the specific needs of the individual student. These changes have no effect on the general education curriculum.
Myth: All students with disabilities must complete each assignment in the same manner as the students in the general education classroom.
Reality: The students’ assignments are based on the Individualized Education Plan. The assignments may be modified or adapted for the student if necessary.
Myth: Inclusion is not beneficial to general education students.
Reality: As school populations become more diverse, curriculum and materials are adapted, modified, or changed for students with special needs. These adaptations may also be used to accommodate students experiencing similar difficulties, for at-risk students, and also for Title I students. The students in the classroom setting are exposed to sign language Braille, communication boards, medical devices, or special equipment. Students learn at an early age that all children have the same thoughts and feelings, regardless of their limitations. They learn they are more alike than different and a strong classroom community develops.
Attitudes and BeliefsTraditional Inclusive
• Readiness for learning grade level curriculum
• Failure to learn=child’s deficiency
• Services in school are to fix deficient children
McLeskey, J. and Waldron, N.L. (2000) Inclusive schools in action: Making differences ordinary. Alexandria, Virginia: Association for Supervision and Curriculum Development.
• Ready to learn at different times
• Children learn at different rates
• Adapt curriculum and instruction to needs of child
• Services for teachers and children to succeed in general education
Attitudes and BeliefsTraditional Inclusive
• Provide service in separate settings until child catches up
• Personnel need specialized skills to teach these children
• Return child to general education class when not deficient
• Fairness=same for everyone
McLeskey, J. and Waldron, N.L. (2000) Inclusive schools in action: Making differences ordinary. Alexandria, Virginia: Association for Supervision and Curriculum Development.
• Support needed in general education class
• Good Teaching is Good Teaching
• Removal only when needs are so challenging
• Fairness=different curriculum, instruction, expectations and testing based on needs
Labels NOT to Use
The Handicapped or the Disabled My Son Is Autistic She’s a Downs; She’s Mongoloid Birth Defect Epileptic Wheelchair Bound, Confined to a Wheelchair She Is Developmentally Delayed He’s Crippled; Lame
Is Learning Disabled or LD
People First Language
People With Disabilities My Son Has Autism She Has Down Syndrome Has a Congenital Disability A Person With Epilepsy Uses a Wheelchair or a Mobility Chair or Is a Wheelchair User She Has a Developmental Delay He Has a Physical Disability He Has a Mobility Impairment Has a Learning Disability
Where do I begin? What is my role?
Accessing the General Curriculum
“The IEP for each child with a disability must address how the child will be involved and progress in the general curriculum.”
C.F.R. Section 300.347(a)(1)(2)
Examining Impact
GOAL:
Student access, participation, progress in general education curriculum and student independence
KNOWLEDGE
• Know your curriculum vertically and horizontally
• Know the essential learnings of your curriculum
• Standards based curriculum
• Data driven decision making
• Frequent assessments
• Research based teaching strategies
• Collaboration
• Parent Involvement
*All adults held accountable for student achievement
Rationale: Federal/State Accountability
SRBI Framework for School Improvement(Continuum of Academic and Behavioral Support for ALL)
Multi-Tiered Interventions
Fidelity of Implementation
Progress Monitoring
Universal Screening
Structures that Foster Collective Responsibility
Str
ateg
ic D
ecis
ion
-Mak
ing
Teacher Support/Intervention TeamsGrade Level/Interdisciplinary Data TeamsDept./Content Area/Vertical Data Teams
School Improvement/Data TeamsDistrict Improvement/Data Teams
31
Understanding the concept of
• Alignment is the matching of two educational components which strengthens the purpose and goals of both….
….For example, instruction can be aligned with assessment; assessment can be aligned with state standards; IEPs can be aligned with state standards to help align instruction with the general education curriculum.
A Closer Look at Essence Statements and Downward Extensions
Essence Statement:
– Essence statements describe, in simplified language, the specific skill described by an Expected Performance statement. In other words, the Essence Statement describes the most critical learner outcome inherent in an Expected Performance statement.
Downward Extension:
– Downward Extensions are specific learner outcomes which indicate how students with significant cognitive disabilities might demonstrate the skill, or an approximation of the skill, described in an Expected Performance statement. Downward Extensions address the “essence” of an Expected Performance statement in a simplified way that makes the Expected Performance more accessible to students with significant cognitive disabilities.
Test Formatextension in Item # 3.
Probability and Statistics
A. Real world problems may be analyzed using statistical techniques.
Ⓞ D
oes
Not
Dem
onst
rate
① D
evel
opin
g/Su
ppor
ted
② M
aste
red/
Inde
pend
ent
1. Use data from samples to make inferences about a population and determine whether claims are reasonable or
spurious. PS 10-2
Essence: Make inferences about data.
Make a correct inference by looking at data
Given 3 choices, select the correct inference by looking at data
Correctly answer yes or no to a question based on an inference drawn from data
2. Determine and use measures of central tendency and dispersion to describe and compare sets of data. PS 10-3
Essence: Determine measures of central tendency.
Determine the range of a given ordered set of numerical data
Determine the median of a given ordered set of numerical data
Determine the mode of a given set of data
3. Design, conduct, interpret, and justify the results of a probability experiment, sample, or statistical simulation. PS 10-4
Essence: Predict the outcome of a probability experiment.
Predict an outcome and verify the prediction by performing a simple probability experiment
Predict most likely outcome when selecting one object from a hidden set consisting of objects with different characteristics
Determine the probability of an outcome given a situation with only two possible outcomes, (e.g., a coin flip)
B. Principles of probability may be applied in a variety of situations.
4. Solve realistic problems involving complementary and mutually exclusive events. PS 10-5
Essence: Determine events or activities that cannot occur at the
Generate two events or activities that cannot occur at the same time (e.g., sleeping and watching television, running and walking, etc.)
Given six pairs of activities, four of which are mutually exclusive, select the four pairs of activities that cannot occur at the same time (e.g., swimming/sleeping, walking/running, cooking/riding a bicycle, etc.
Given 3 choices, select the event or activity that cannot occur at the same time as a given event or activity
SMART Goals & Objectives
• Specific
• Measurable
• Action Words
• Relevant
• Time-based SMART is an acronym for goals that are: Specific, Measurable, use Action words, Relevant and Time-based.
Planning Pyramid
A way of thinking about planning instruction for all learners.
Schumm, J.S., Vaughn, S. and Leavelll, A.G. (1994)
Planning Pyramid
Allows a teacher :
• to identify what information needs to be taught and
• to pay attention to individual students needs to determine how the information will be taught
(Vaughn, Bos, & Schumm, 2000).
Universal Design
Universal Design for Learning
Definition:
UDL is an educational approach to teaching, learning, and assessment that addresses individual learner differences.
CAST: Teaching Every Student
www.cast.org/teachingeverystudent/toolkits
What is NIMAS?
• National Instructional Materials Accessibility Standard
• A file set that creates an alternative to printed textbooks
• These file sets can be imported into software that can display or read the textbooks or create Braille versions
• http://www.sde.ct.gov/sde/cwp/view.asp?a=2626&q=322684
Which Students Will Qualify for NIMAS File Sets of Textbooks?
• Blind persons
• Persons with a visual disability or low vision that prevents them from reading standard print material
• Persons unable to use a textbook due to physical limitations
• Persons certified to have a reading disability
How Will Students Receive NIMAS Files?
Sources of Digital Text
• NIMAS
• Bookshare.org
• Public Domain (Project Gutenberg)
• Scanning (w/ OCR)
Understanding by Design
Backwards Design
A curriculum design methodology to plan units or courses of instruction.
Wiggins, G. and McTighe, J. (2004) Understanding by design: A professional development workbook. Alexandria, Virginia: Association for Supervision and Curriculum Development
Differentiated Instruction
Differentiated Instruction
Differentiating instruction means creating multiple paths so that students of different
abilities, interest or learning needs experience equally appropriate ways to absorb, use,
develop, and present concepts as part of the daily learning process
Tomlinson, C.A.(1999) The Differentiated Classroom: Responding to the needs of all learners. Alexandria, VA: Association for Supervision and Curriculum Development.
Additional Resources:Making Standards Work
• Center for Performance Assessment
• www.makingstandardswork.com
• 800-844-6599
• Larry Ainsworth
• Doug Reeves
Special education• http://www.sde.ct.gov/sde/cwp/view.asp?a=2626&q=322680
Thank you!
• Contact information
• 860-713-6924
• Questions
