Special Education Overview
MRPS School Board Meeting
April 5, 2023
Peggy-Sue Van Nostrand
Director of Student Services
Appendix
Federal Laws
Individuals with Disabilities Education Act (2004)
In the law, Congress states:
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.
(entitlement law - an individual’s right to receive a value or benefit provided by law)
Section 504 of the Rehabilitation Act of 1973
Section 504 states:
“No otherwise qualified individual with a disability in the United States… shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance….”
(civil rights/anti-discrimination law)
Americans with Disabilities Act 1990
Extends protection against discrimination to the full range of state and local government services, programs, and activities including public schools regardless of whether they receive any Federal financial assistance.
(civil rights/anti-discrimination law)
Special Education
Specially Designed Instruction
VT Special Education Rules:
Special education means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including—
(i) Instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings;
Specially designed instruction means adapting, as appropriate to the needs of an eligible child under this part, the content, methodology, or delivery of instruction—
(i) To address the unique needs of the child that result from the child’s disability; and
(ii) To ensure access of the child to the general curriculum, so that the child can meet the educational standards within the jurisdiction of the public agency that apply to all children.
Special Education Eligibility
Three “gates” that need to be met for a student to qualify for special education services:
Disability
Adverse effect
Need for specialized instruction
Special Education - Disability (gate 1)
Categories of Disability in the Federal and VT Rules:
* Dyslexia is listed as one of the conditions that falls under Specific Learning Disability
Special Education - Adverse Effect (gate 2)
Currently: Lowest 15th percentile rank in at least one basic skill area demonstrated by at least three different types of evidence ( out of 6 possible categories of evidence)
Basic skills areas:
*Oral expression *Listening Comprehension *Written Expression *Basic Reading Skills
*Reading Comprehension *Math Calculation *Math Reasoning
*Reading Fluency (only SLD) * Motor Skills (only Orthopedic Impairment)
**July 2023: 15th PR is no longer; no longer specific number or type of evidence identified;
Functional Skills added as a basic skill area; Reading Fluency is removed
Special Education- Need for Specialized Instruction (gate 3)
Does the student require instruction that cannot be provided through the educational support system or through the school’s standard instructional conditions?
The Evaluation and Planning Team (EPT) must answer “yes” to all three gates for a student to be eligible for special education services*.
*July 2023, SLD and Deaf-Blind no longer require the the team to look at adverse effect
Individual Education Program (IEP)
Key Terms - Special Education
Accommodations - how a student accesses curriculum and demonstrates learning - purpose is to remove barriers that may prevent a student from fully accessing the general education curriculum (examples: untimed assessments, provide copies of class notes, have less problems on each math page)
Modifications -Changes in what a student is expected to learn and demonstrate - could include changes in instructional level or standard, or a change in content ( examples: class expectation is to write a paragraph, individual student expectation is to write a sentence; class is learning standard units to measure weight and length, individual student is learning heavy vs. light and long vs. short)
Least Restrictive Environment* - Students are required to be educated with their non-disabled peers to the fullest extent possible. A child with a disability is not removed from education in age-appropriate general classrooms solely because of needed modifications in the general curriculum.
*LRE is not always the regular classroom for all students but we start there and work our way out, as needed
Section 504
Who is protected by Section 504?
A person who has, or is suspected to have, a physical or mental impairment which substantially limits one or more major life activities
*OCR also noted that a student with an impairment who is succeeding in regular education cannot be viewed as substantially
limited in the area of learning
How do Special Education & Section 504 Overlap?
** It is important to note that students can be struggling/behind in school and not have a disability. This is why we have a Multi Tiered System of Supports. Other factors that could be impacting a student’s success in school include things such as school attendance, disrupted schooling, or a lack of high quality first instruction.
What Does Special Education
Look Like at MRPS?
**Students should not be pulled from their grade-level first instruction for SDI. Special
education is supplemental to first instruction- not a replacement for it.**
What Does Special Education Look Like at MRPS? (Cont.)
Who is Providing Special Education Services
at MRPS Currently?
Related Services
Definition in VT Special Education Rules:
The term "related services" means transportation and such developmental, corrective, and other supportive services as are required to assist a child who requires special education services to benefit from his or her special education.
These include (but are not limited to): Occupational Therapy, Physical Therapy, Speech Therapy, Counseling, Audiology, Transportation, Interpretation Services (for students who are deaf or hard of hearing), Parent Training, Nursing Services, Behavior Consultation, Psychological Services
** If a student only requires a related service then they should not be determined to be eligible
for special education**
What is in the Works?
What is Still to Come?
Board Member Questions
Why does VT not require screening of all students for dyslexia?
In my research, I found that VT is one of ten states that does not require that all students are screened for dyslexia. While I can’t answer for the decisions made by our legislature, what I can say is that there are common assessments done across MRPS to assess where students are in developing their reading skills starting in kindergarten so that we are able to respond in a timely manner. These include assessments that measure letter & sound identification, high frequency words, phonological awareness, and developmental spelling.
Board Member Questions (cont.)
There were a number of questions related to the role of the general education teacher with students who receive special education services. Here is some information about the role of the classroom teachers:
Board Member Questions (cont.) - Spoiler Alert!
At the board meeting on April 19th, The Ability Challenge will be presenting their findings from the Needs Assessment we asked them to conduct. Many of the board questions will be answered in that report. Here are a couple of teasers:
”The MRPS community is its greatest asset. Leaders and teachers believe in the foundational mindsets of authentic inclusion.Students are thoughtful, curious, and eager to learn and families are incredibly dedicated to ensuring that their children get the services they need.”
The Needs Assessment confirmed for our team that we are on the right track with the work we have identified as priorities. It is always great to have data that agrees with what we have determined!