Special Education Law

Nicole Grace MA CCC-SLP Ed.S

Least Restrictive Environment

Supervise transitions to more restrictive environments

Speech Language Pathologist, Supervisor of Special Ed, PhD Student

HI! I am...

COOR ISD Year 15!

Important Timelines

Brown V BOE

Separate is not equal.

Mills v. BOE

PARC v. PA

“Placement in a regular school class is preferable to placement in any other type of program of education and training.

BOE v Rowley

Requirement of a "free appropriate public education" is satisfied when the State provides personalized instruction with sufficient support services.

Roncker Decision

When a segregated setting is considered superior, a court should consider whether the services that make it superior could be provided in a non-segregated setting.

1954

1972

1982

1983

Lack of staff/funds does not overrule IDEA

Lack of personnel/resources does not relieve districts of their obligations, but instead encourages innovation approaches

Principle of Portability

From Roncker decision - “bringing educational services to the individual” versus “bringing the individual to the services.”

Considerations for the team

Decision not based on: need for modifying GE curriculum, based on specific eligibility or the need for a particular aid/services that it not part of a particular placement

Important things

Regular meetings to review progress?

Full range of accommodations?

FBA, BIP?

Key Questions

Educational Benefit Review?

Changes to programs/services?

Utilization of EBP? Full IEP Implementation?

Research also provides insight on inclusivity impact for non-disabled peers

Meta-analysis that reviewed impact for non-disabled students in inclusive classrooms.

These students either experienced no effects (58 percent of studies) or positive effects (23 percent) on academic development (Kalambouka, Farrell, Dyson, & Kaplan, 2007).

• National longitudinal study tracked students from early childhood in inclusive settings.

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By third grade, no evidence that typically developing students were negatively impacted (Gandhi 2007).

• Research (Staub & Peck, 1995) shows inclusive environments can be beneficial to non-disabled peers, including:
• Reduced fear of human differences
• Greater tolerance of others
• Improvements in self-concept
• Development of personal moral and ethical principles

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Impact for peers

• Special Education is not a place
• Even students moved to a more restrictive environment don’t always stay there
• The full range of S&S has to be implemented with FIDELITY (which may include classroom accommodations, modifications, staff training, coaching and consultation)

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Recommendation for placement in an ISD program is a complex and extreme action that completely or severely limits the students’ access to nondisabled peers.

Things to remember

NICOLE GRACE

MAIN IDEA

MAIN IDEA

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LRE Inquiry

YES

Please review the attached LRE Packet to help you decide.

SPECIAL EDUCATION SUPPORT SERVICES

Are you looking for information on how to get the referral process started for COOR Educational Center or technical IEP assistance?

I’M NOT SURE

AMBER LARRISON

THALMA HIBBARD

Please review the Referral Process document and fill out the Referral Form

YES

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Please check out the attached chart to help you decide!

I’M NOT SURE

Please fill out the Referral Form and allow 24 hours for a response.

YES

Please check out the attached chart to help you decide. If you are still unsure, please email Amber at

larrisona@coorisd.net

I’M NOT SURE

Are you looking for coaching, mentoring, or training for your special education and/or general education staff?

Are you looking for 1-1 coaching and/or training for your Independence Facilitators?

Whiteboard IEP

A way to create a meaningful IEP that makes direct ties throughout to support students-program is typically the last thing discussed.

Strengths

Needs

Supplemental Aids/Services

Goals

SE Services

Program

Everything should connect across the IEP

Example One

Example Two

Thank You

For Help-

Nicole, Amber and Thalma