Final Exam Flashcards
Limitations of LRE
Available trained personnel
Variety of program options
Support service options
Adequate funding
Why is funding an ongoing issue?
Special education is expensive
Why are some parents opposed to inclusion?
Child won’t progress
Why are they in the classroom
Negative reaction from parents of nondisabiled children
Reverse inclusion
Bring typical peers into the classroom
Not forced interaction; natural
Double Standard
Two discipline systems
One for students w/ disabilities
Another for students w/o
Is double standard avoidable?
No
Change in Placement
More than 10 consecutive school days or more than 15 school days cumulatively
Suspensions
In-school Out-of-school Partial day Short-term Long-term Cumulative
In-school suspensions are not counted as a suspension if…
Someone is working in IEP goals with the student
Why are suspensions used so frequently?
Easy way to get the student out of the classroom and school
Don’t have to deal with the problem
Expulsion
Exclusion from school for more than 10 school days
Stay-put
Student remains in current educational placement
Pending
Outcome of hearing
Interim Alternative Educational Setting (IAES)
Misconduct involving weapons, drugs, inflicting serious bodily injury requires manifestation determination
Manifestation Determination
Review of potential relationship between disability and behavior
Includes FBA
Review of all current, relevant data by IEP team
Questions of Manifestation Determination
- Was conduct caused by or related directly to the disability?
- Was conduct caused by school’s failure to implement IEP?
What is the legal presumption regarding manifestation determination?
Misconduct was related to disability or behavior
Functional Behavioral Assessment (FBA)
To determine the purpose of students behavior
A,B,C,F
Behavior Intervention Plan (BIP)
Based on FBA
Goals
Positive Interventions
Progress Monitoring
Non-IDEA eligible students
Discipline procedural safeguards extended to students not yet identified but believed to have a disability
Belief based on parent or teacher expression
Law Enforcement
Involved with students who have disabilities only to the extent that involved with students without disabilities
Cannot circumvent IDEA
New Disciplinary Paradigm
Positive Proactive Preventative Support Corrective
Try to avoid…
Calling law enforcement (unless urgent)
Homebound instruction
Parents rights assured in IDEA
Procedural Safeguards Informed written consent Participation in decision making Program/services at no cost Notice of Recommenced Education Placement Access to education records Confidentiality of Education Records Dispute Resolution (Mediation, due process hearing)
Which 3 events require written parental consent?
Initial evaluation
Initial placement
Before student records are released
Parent defined as…
Natural Adoptive Foster Guardian Surrogate Individual acting in place of parent
Communication with Parents
Accept parent statements Listen actively Question effectively Encourage Remain focused Stressed child's strengths and needs Realize that parents know child best Avoid jargon Respect parents' right to say no Don't be defensive Be open-minded flexible Refer when necessary Don't hesitate to say "I don't know"
School to Home Communication
Written
Phone
E-mail
Conference
Barriers
Failing to see parents as equal partners Too much distance Blaming parents for child's disability Treating parents as though they need counseling Seeing parents as less intelligent Labeling parents Treating parents as adversaries
Professional distance
Distance between parent and teacher
Cultural/Linguistic Considerations
ELL Low income/poverty Limited education Different perspective on the cause, treatment of disabilities Intimidated by the school Fearful Lacking self-confidence Family-oriented
Conflict Resolution (RERUN)
Reflect Explain Reason Understand Negotiate
Involve parents
Chaperones
Tutors
Volunteers
Support groups
Collaboration
Planning, decision-making, problem solving
Communication skills - listening, accepting, compromising, negotiating
Barriers- attitudes, training, experience, styles
Educational Leader - Model
Accepts students with disabilities
Believes that’s all children can learn
Understands specials education process and paperwork
Promotes equality of regular and special education
Educational Leader - Role
Facilitates staff development
Schedules time for planning, collaboration
Seeks teacher input
Participates
Inclusionary Practice
Keys to success
Principal involvement
Building wide
Staff training
Para educators
Support students
Support teachers
Work at teacher direction
Require training
Consultation
One individual sharing expertise
Components of Collaboration
Initiating Predicting Modeling Facilitating Clarifying Summarizing Assessing Observing Comprising Brainstorming Questions Consensus
Characteristics of Collaboration
Trust Openness Respect Sharing Accountability
Models
Child Study Teams RTII teams Student assistance teams Multidisciplinary evaluation teams IEP teams Grade level team meetings Department Meetings Parent Conferences Inclusive practices
Legal Foundations
EACHA
IDEA
NCLB
Due Process
A fundamental, constitutional guarantee that all legal proceedings will be fair and that one opportunity to be heard before the government acts to take away one’s life, liberty and property
Due process is found in what two amendments?
5th and 14th
Two categories of Due Process
Substantive and Procedural
Substantive
Creates, defines, regulates rights
Freedom of speech, religion and privacy
Procedural
Enforces law
Seeks redress for rights’ violations
Right to adequate notice of a lawsuit, an attorney, to be present during testimony
Within the delivery of special education programs and services, FAPE, cite evidences of due process of law
Informed consent Procedural safeguards Permission to evaluate/reevaluate Parent involvement Timelines Decision-making IEP IDEA NCLB Fed Regs PA Regs FAPE
Immunity
“Can’t Sue The King”
Education rights of children with disabilities
Protected by due process and equal protection guarantees
Ensured by federal statutes, IDEA, Rehab Act of 1973, and ADA
Nothing trumps constitutional protection!
Dispute Resolution
Differences, disagreements, disputes, adversarial relationships
Complaint Process
Formal complaint filed by parent with state department of education *Addresses compliance issues only Record review and onsite visit Written decision Corrective action No attorney Cost paid by state
Is the appropriateness of an IEP a matter for the complaint process?
No
Resolution Meeting
Resolve differences
Meeting of parent and IEP team members
Attorneys present at parents choice
Any agreement placed in writing and signed by both parties
Agreement legally binding
Resolutions meeting may be waived by either party
What effect might the absence of attorneys at the resolution meeting have?
Different environment
Simplify the meeting
Mediation
Both parties must agree Formal mediation with trained mediator Mediator facilitates communication, clarifies the issues Three school district reps Four parent reps Mediation agreement legally binding Mediation agreement part of IEP No attorneys No cost
Why might mediation be helpful even if the parties go on to a due process hearing?
Issues get clarified
Due Process Hearing
Initiated by the parent or school district Court-like proceeding Qui partial hearing officer Attorneys Introduction of evidence Examination and cross-examination of witnesses Transcripts Written decision Last resort
How long has due process been around?
Originated in English Common Law
Manga Carter 1215
Due process concept brought to North American colonies
Two Box Model
Students and staff were assigned to either regular and special education without overlap
Needs of LRE
Building, staff schedules Collaboration time Building administrator support, leadership Staff training Parent training Student training
