EDLD 5344 School Law Kristin Bryan ET 8032 Week 1: Analyzing IEP Policies Overview Special education law is a daunting subject for most educators. Many teachers are concerned about how special education provisions in the Individuals with Disabilities Education Improvement Act of 2004 and No Child Left Behind affect their teaching. Understanding these laws and how they affect special education evaluation and accommodation is key for today’s school leaders. In this assignment, you will review current literature on special education and evaluate how your school currently develops Individualized Education Programs for students with special educational needs. (Remember, your goal is not to gather information on special education students; it is to familiarize yourself with the special education policies and processes that are currently in place in your school.) 2009 Lamar University Page 1 of 7 EDLD 5344 School Law Kristin Bryan ET 8032 Rubric Use this rubric to guide your work. Week 1: Analyzing IEP Policies Accomplished Proficient Needs Improvement Unacceptable Part 1: KWL Charts Completes three KWL Charts in detail (4 points) Completes three KWL Charts (3 points) Completes two KWL Charts (2 points) Completes one KWL Chart or does not complete any (0 points) Part 2: Analysis of Current State Completes all 5 responses using a minimum of 1 paragraph for each (5 points) Completes all 5 responses; not all responses are a paragraph in length (4 points) Completes less than 5 responses (3 points) Does not complete any responses (0 points) Mechanics No or few errors in grammar, spelling, or punctuation. (1 point) 2009 Lamar University Responses lack clarity and depth and/or have multiple errors in grammar, spelling, or punctuation. (0 points) Page 2 of 7 EDLD 5344 School Law Kristin Bryan ET 8032 Part 1: KWL Charts Fill out all three KWL charts. Use the following statements to guide your entries for each topic listed at the top of the chart: What I know about topics related to special education. What I want to know about special education to better serve students and teachers. What I learned from these articles that will help me in my educational setting. Special Education Eligibility and Evaluation What I Know What I Want to Know What I Learned From my experience teaching I have learn little bits and pieces about special education. I don’t feel like I have ever truly understood the laws behind special education and I have been provided information on a need to know basis only. I think this is the wrong way to go about helping teacher understand what they should be doing in the classroom to help those kids with special needs. I know that special education is in place to help students who struggle to learn as well as mainstream students do. I know that an ARD takes place to set special accommodation for the child to successful. I know that it is my job to follow every accommodation to the letter because if I don’t I am breaking the law. I want to know more about how a student is evaluated for special education. I want to know if they are really meeting that child’s individual needs or are they just putting him in a category with blanket accommodation. How much testing is being performed by the school and who is the expert on making decisions and diagnosis when a child has a disability. I learned that IDEA (the Individuals with Disabilities Education Act) guarantees all students a free and appropriate public education (FAPE) in the least restrictive environment (LRE). There are 13 disabilities that qualify a student for special education. I now understand the differences between qualifying for special education and 504 which assists students but does not require an IEP developed for them. 2009 Lamar University Page 3 of 7 EDLD 5344 School Law Kristin Bryan ET 8032 IEP Components What I Know What I Want to Know I know that an IEP (Individual Education Plan) is developed specifically for a student to help them best achieve success in school. It sets forth the special needs of that child and must be followed by the school and teachers. I know that the IEP is reviewed annually to make any changes that the student may need. How does the ARD committee decide which assessment is appropriate for the student? If the student chooses to not follow the IEP is the teacher help accountable? How much input does the parent have in developing the goals of the student’s IEP? How does the ARD committee or teacher decide when the student no longer needs the IEP? Why does the IEP not lists all assessments and services that the student’s needs for science and social studies? 2009 Lamar University What I Learned I learned that ARD stands for Admission, Review and Dismissal. The ARD committee reviews the IEPs regularly to make sure they address the current levels of performance for that year. I learned that the school must provide any service need for the child to meet the IEPs including any medically related services that can be performed without a doctor, (such as catheterization.) Page 4 of 7 EDLD 5344 School Law Kristin Bryan ET 8032 Implementing the IEP What I Know What I Want to Know What I Learned I know that the IEP must be followed for the student just as it is written. I know that it is important to follow these on a daily basis if they are how the student will be tested on high stake testing. It would be useless to provide accommodations for a student that he or she is not familiar with and has been give all along. What options do teacher have leagally when implementing IEPs for student who are not cooperative? Is the teacher help responsible when the student refuses accommodations that are stated on their IEP? What actions can be taken against a teacher who fails to implement the IEP? I learned that Special Ed student can be suspended from school or place in an alternative school for up to 10 days as long as an IEP review meeting is held to place that child. I learned also that a teachers can request to have an ARD meeting if they feel that the student’s goals aren’t being met. 2009 Lamar University Page 5 of 7 EDLD 5344 School Law Kristin Bryan ET 8032 Part 2: Analysis of Current State The second part of your assignment requires you to seek information from your school’s special education coordinator or a teacher familiar with the IEP process. Begin by printing out your state’s IEP document, which is located in the Resource section of this course. Use this form to develop questions about the procedures your school uses in identifying, evaluating, and accommodating special education students. Then, answer the following questions after contacting staff members at your school who are knowledgeable in special education. Each response needs to be a minimum of one paragraph. Type your responses in the expandable boxes below. Response #1 How do school staff members feel about the IEP process as a whole? Is it stressful? Do they feel it represents a true collaboration between parents and staff members to best serve students? In general many teachers stress about IEPs because they do not fully understand the process, how it works and why they are required to do what they are asked to do. In the past many support assistants were not trained properly to help the students as it was stated. As staff develops and becomes more trained and able to understand the purpose and motivation behind the IEPs teachers are better equipped to follow the IEPs. Response #2 Which aspect of the IEP process most confuses or discourages team members? The working of the IEPs is most confusing to most team members. More specific definitions need to be incorporated in to the IEPs so that the teacher can consistently help the student from one class to the next. In the upper grades teachers work so independently from one another that it is hard for the student to get accommodations in a consistent way. Response #3 How does your school/district determine whether students are eligible for special education? The first step would be a pre-referral by the general education teacher using an RTI (Response to Intervention.) After sufficient time with no improvement, a child can be referred to special education. At that time, data would be collected from teacher and parents and test would be give to diagnose the problem. Response #4 What do IEP team members say can be done to better improve the process? The first thing that must be done to improve the process is training. Most teachers feel very under qualified to implement all the accommodations to the students. Without proper knowledge of the process teachers feel overwhelmed when they hear that if they don’t do everything exactly right they can be help legally responsible. Communication also needs to be improved upon. Once an ARD is completed and IEPs are written usually the only thing that happens is 2009 Lamar University Page 6 of 7 EDLD 5344 School Law Kristin Bryan ET 8032 that the teacher signs that she has received the documentation. Communications need to improve by sitting down with the general education teachers to let them know what exactly was set forth for this child, why and what they need to do individually to meet these accommodations. Response #5 Are students’ IEPs effectively implemented at your school? What can be done to improve implementation? It really depends on the teacher and the support assistant that the child has. Some teachers at my school are very much on top of knowing what their responsibilities are and they work very hard to help the student be successful. Other teachers spend more time trying to cover their but than they do actually helping the child. If they really were doing what they were suppose to do they would not need to worry about getting in trouble for not following IEPs. The support assistants are another very important factor in meeting IEPs. I have worked with many different co-teachers and I can say first hand that it makes a huge difference. This year I have a wonderful SA who really knows her job well and is there to help every student succeed. She is well organized and checks the IEPs on a regular basis to make sure each student is getting all of their accommodations met. It takes a whole team working together to make sure the IEPs are implemented effectively. 2009 Lamar University Page 7 of 7