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Sped Law

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Resources:

Understood Website (IEP and 504)


Heartland AEA Website
• 504 document
• Protecting students with disabilities
HAEA Nurse- medical plans for the 504 (Mary Ann for AEA 11)
PBISWorld.com (behaviors, strategies, and interventions; tier 1, 2, and 3)
Iowa Department of Education https://www.educateiowa.gov/
-Special Education Guidance
https://www.educateiowa.gov/pk-12/special-education/iowas-guidance-quality-
individualized-education-programs-ieps
• IDOE website: Iowa Department of Education Special Education Manual (google
document)
ASK Resource Center- http://askresource.org/
National Standards for Family Partnerships https://www.pta.org/home/run-your-pta/National-
Standards-for-Family-School-Partnerships

Acronyms/ Glossary of Terms


ACE- Adverse Childhood Experiences
ADD- Attention Deficit Disorder
ADHD- Attention Deficit Hyperactivity Disorder
AEA- Area Education Agency
AIM- Accessible Instructional Materials
ATD- Assistive Technology Device
AYP- Adequate Yearly Progress
BIP- Behavior Intervention Plan
CEC- Coucil for Exceptional Children
ED- Emotional Disturbances
ESYS- Extended School Year Services
DNQ- Does Not Qualify
DOE- Department of Education
ELL- English Language Learners
FAPE- Free Appropriate Public Education
FBA- Functional Behavior Assessment
FEP- Family and Educator Partnership
FIDE- Fully Integrated Dual Eligibility
FSP- Family School Partnership
HP- Health Plan
HQ- Highly Qualified
IDEA- Individuals with Disabilities Education Act
IEP- Individualized Education Plan
IFSP- Individualized Family Service Plan (birth- 3 years)
LD- Learning Disabled
LEA- Local Education Agency
LRE- Least Restrictive Environment
MR- Medically Retarded
NCLB- No Child Left Behind
OCR- Office of Civil Rights
OHI- Other Health Impairment
OT- Occupational Therapy
PT- Physical Therapy
PWN- Prior Written Notice
TBI- Traumatic Brain Injury
SEA- Secondary Education Act
SLP- Speech- Language Pathologist

Manifestation Determination is a process, required by the Individuals With Disabilities


Education Act (IDEA 2004), which is conducted when considering the exclusion of a student
with a disability that constitutes a change of placement.

Expulsion- school board action, removal from school rolls of a districts for disciplinary reasons
UNLESS a student has and IEP and requires continuing services

Out- of- School Suspension- administrator action, removal from classes, activities or services to
another setting (i.e. home)
• Any removal beyond 10 consecutive days requires Board action

In- School Suspension- administrator action, removal from classes to a place where the student
continues to remain under supervision of school personnel

Notes 3/24
SPED Plans
• Rostered by student points (differ by district)
• 10% over point total for a maximum of 9 weeks
• Rosters must be reviewed two times per year
• Districts have board approved policy

LAU Plans
• English language home survey as students enter school (parents request or waive rights)
• Students take TELPA as they enter school (language level and services needed)
• ELAP 21 is taken annually (emerging, progressing, proficient- services needed for next
year)
• Pull- out: newcomers/ beginners
• Push- in: higher levels (co- teaching)
• Students can participate in extracurricular activities and co- curricular

504
• Determination and evaluation process (data collected)
• NOT specifically designed instruction
• 504 can follow you after high school
• Environmental support- not instruction (seating, extra time on test)
• NOT instructional support

GT Plans
• Set identification plan
• Acceleration vs. enrichment (schools philosophy)
• Plan for students in underserved populations
• MTSS plan for GT services

MTSS
•Starts with effective core instruction
•Tier 1, Tier 2, and Tier 3
•Layers of support
•Brings academics and behavior together
•Core is never replaced
•RESPOND not REACT
•Intervention: 4-6 weeks with fidelity, progress monitoring (data collection)
•Team meets to discuss intervention progress
MTSS is comprehensive and involves the entire school.
MTSS is for ALL learners- identifying what the student needs inside the core
FREQUENCY, INTENSITY, DURATION

5 components of MTSS as set by Iowa


1. Evidence - based curriculum and instruction at the universal level
2. Universal screening of all students
3. Evidence- based, instructional resources
4. Progress monitoring for students below expectations
5. Data- based decision making throughout the system

Paradigm shift
Intervention for a few---------------------------------prevention/ instruction for all students
Identify which students need help------------------ identify what help each student needs
Using the programs and people available---------- intentional design and redesign of services and
support
PBIS
• 3-5 common expectations that are clearly defined for all areas of the building not just the
classroom
• Data driven decision - making and a process for recording it
• The purpose of the team is to analyze building level data

Reflection:
MTSS
When setting up an MTSS program at a school from scratch the two pieces with the most
leverage are PLC’s and effective core instruction. During the PLC’s, student data can be
reviewed and students can be grouped into the tiered support they need. Then a plan can be put
in place to ensure that the students are receiving the instruction they need. You cannot intervene
your way out of core instruction. It is vital that you core is healthy before you start the MTSS
structure.The three most important words to remember when discussing MTSS are duration,
frequency, and intensity. These three pieces must be in place in order for the intervention to be
successful.

PBIS
Three to five common expectations for the whole building. The expectations are stated in a
positive manner. Extrinsic rewards can be used, but DO NOT have to be used.

Talented and Gifted


There is no specific plan from the federal or state government on how talented and gifted
students need to be served. This is all decided district by district.

Notes 3/25
You must be evaluated to qualify for a 504 or an IEP. Both an IEP and 504 are individualized
plans for students. An IEP receives funding but a 504 does not receive funding. It is an
unfunded mandate.
IEP- special education law
• In Iowa students are “entitled individuals” disabilities are NOT listed on an IEP
• Disability that is affecting classroom learning
• Specialized instruction
• Needs first, placement second
• Parents receive a meeting notice at least 10 days in advance
• IEP team can hold a meeting without parents on the 3rd time a meeting is scheduled and
parents do not show
• Parents MUST agree to an evaluation before it can begin
• Parents have the right to deny SPED services or to pull their child out of SPED at any
time

504- civil law


• Accommodations in the environment so the student is successful in the general education
room
• Students with disabilities that DO NOT require specialized instruction

Chapter 103 Restraint and Seclusion- be familiar with the law and review often

If a parent requests that their child is evaluated for sped, the district is required to begin the
problem- solving process regardless of the progress the student has been making through
intervention.

Associates are the least restrictive environment for students. Try to make the student successful
without the use of an associate if possible.

Reflection:
Special education IEP’s are covered under the special education law. 504 plans are covered
under the civil rights law. IEP’s receive government funding. 504 plans are not funded. If
something is put in the 504 that will cost it will be at the cost of the school. Both IEP’s and 504’s
are legal documents that MUST be followed.

Chapter 103 restraint and seclusion: parents must be notified that day and paperwork must be
sent home within 3 days. Documentation is recorded minute by minute- teacher action and
student action.

The Department of Education no longer “CHINA’s” children. What do parents do when they
cannot afford the services their child needs?

“I wasn’t aware of that piece of information, nor am I the only person that can make that
decision. Let me talk to our team and I will get back to you.” As an administrator you can by
time. Give yourself at least 24 hours.

Make sure to review the changes to the SPED Management document each July

Notes 4/ 7
All kids in special programs are general education students first!

IEP Process
Administrators must understand…
- the core special education legal foundations and entitlements.
-that effective special educations is individualized and matches instruction t the learning
characteristics of students with disabilities.
- special education is neither a place nor a program but a set of services that supports tailored to
the needs of individual students so they can progress in the general education curriculum.
- how to meaningfully include all students with disabilities in standards, assessments, and
accountability requirements.
- how to create the conditions within their schools that support effective special education
practices ad to finally integrate special education into all aspects of school improvement.
Scheduling an IEP meeting…
• You must make contact with parents to schedule a meeting.
• CONTACT- actual discussion/ talking with parents
• You can hold a meeting after a parent does not show up for 3 meetings

Who is at the meeting


Parent
Student (if appropriate)
General education Teacher
Special Education Teacher
LEA representative (who can commit funds)
Interpreter of evaluation results (usually AEA)
Persons invited at discretion of parents
Outside agency (if appropriate)

Consistent IEP meetings in buildings


• Checklist or protocol to ensure everything is being followed and covered during the
meeting

ALWAYS determine the student needs first and then the placement

5 ways to for principals to supercharge an IEP meeting


1.Visit the student in class a day or two before the meeting
2. Offer to model strong meeting management
3.Send out reminders about accommodations and modifications
4. Conduct meeting debriefs
5. Follow up with written feedback

Extended School Year Services


*determined by the IEP team
3 main standards
1. Goal area of significant concern- skill acquisition or maintenance of skills during break
2. Regression- it will take 9 weeks or more to reacquire skills lost
3. Rare and unusual circumstances- failure to provide services will result in permanent loss
or severely limit capacity to acquire skills.

Dr. Jeff Hawkins- Ankeny High School Principal


1. How do I develop the capacity of others around me to meet the needs of all learners?
• Differentiated professional development for teachers
• Know your data, know your staff’s background
• Ask questions to your staff
• ---How are you meeting kids needs?
• ---What diagnostic assessments will you use to see the needs of the child?
2. How do I understand special ed law?
• Ensure IEP meetings go well
• Is all paperwork filled out?
• Procedural items
• Does the goal and project monitoring match?
3. Advocacy for kids
• Is the environment the least restrictive?
• In or out of IEP meetings
• Know your resources
If you SUSPECT the child has a disability it is your job (as the principal) to initiate a
manifestation of determination meeting.
It is OK to call and ask for opinions on situations- district level and state level.

Special Education Law


Sources of Special Education Law
Statue- federal and state
Regulations- federal and state
Court Decisions- federal and state
Administrative Decisions
Informal guidance from Federal and State Departments of Education

Regulations
Statues direct agencies to develop rules about certain topics
Agencies must go through formal rulemaking procedure

State Complaint
• Filed with department of ed- district or AEA can file a response
• Department of ed investigates and issues a decision including whether AEA or district
needs to take corrective action
• - decisions can be appealed to state district court
Due Process
• Due process complaint is filed with the Department of Education
• resolution/ mediation meeting is held
• If it is failed to find a resolution/ settlement the case goes to a hearing before an
administrative law judge (ALJ)
• After hearing the judge makes a decision

Progress Monitoring
• Call on AEA team to help ensure it is happening as written on the IEP

Reflection:
It is crucial to remember students in special education are general education students first. Many
times I hear teachers say “they are in sped so there is nothing I can do” or they decide that since
the student receives services they cannot make growth. Each student in your classroom should
make a years growth no matter what level they started at. Students who come in low should
make a years growth and students who come in above grade level should make a years
growth. It is unfair to assume that since a student is above or below grade level they will not
make the same progress as those who are right at grade level.
Three things to remember as an administrator; develop the capacity of my staff to meet the needs
of ALL learners, understand the special education laws and be part of the process, advocate for
all students.

As a principal it is important to be an active member of IEP teams. You should be at as many


meetings as possible. You need to know the students on IEP’s so you can share at meetings and
be part of the process. Never say there is not enough money for a need that a student may need.

Notes 4/8
Heartland AEA
9 AEA’s in the state- developed to provide services to public and private (accredited) schools
Agency Goals-
Growth--Gap--Graduation--Gateway
Priority Service Areas
• Quality Educators
• Parent and community engagement
• Effective assessment and instructional practices that support challenging curriculum
• Learning supports to meet diverse student needs
• Efficient agency and school management services
If a student has outside diagnosis or if they are receiving tutoring to get them/ keep them at grade
level you probably need to evaluate
As a principal NEVER say “we don’t have the money or resources for that”
Principals must always thoroughly understand and properly follow the requirements of state
policies- make sure the IEP is being followed!
WEB IEP program- administrators, teachers, and business managers have access (different
levels)

Hiring Special Education Teachers


We need the best and brightest teachers to teach students with the greatest learning challenges.

Key Attributes
Organized Learners Care about their students Collaborative Creative
Open- minded Even- tempered Thick skinned Confident Persistent
Intuitive Hard- working
*personal attributes first; the knowledge can come through training

Tough Job
Paperwork, student needs, parents, adults (collaboration and associates), scheduling, data
collection
• Shortage
• Burn- out and transfer out of special education

Hiring Practices
• Make sure you know your districts practices and follow them
• Get feedback from the interview team and remind them you make the final decision
• ALWAYS call references- call those who aren’t their identified references, if possible
• Have them teach a short lesson
• Take them on a tour and watch how they interact with students
• DON’T settle- it will haunt you

Discipline in Special Education


Behavior concerns defined…
Anything that impedes student learning and requires support within or outside of the generally
education classroom. May include
• Social
• Emotional
• Behavioral
• Mental
The IEP team must address behavior for all eligible students and make decisions
• Behavior is not a concern
• Behavior needs to be addressed (information is provided in the PLAAFP, classroom
accommodations)
• Behavior intervention plan (BIP) including a behavior goal and specific actions based on
the Functional Behavior Assessment (FBA)
Once FBA is completed by the AEA and the student is elgible then a BIP is written
• Specific
• Purposeful strategies
• Linked to students behavior
• Everyone who works with the student must follow
Procedures for developing a BIP
1. Convene the IEP team
2. Review results of FBA
3. Determine alternative or replacement behavior
4. Develop preventative strategies
5. Develop teaching strategies
6. Develop response strategies
7. Develop safety plan
8. Develop monitoring plan
9. Provide results to parents
10. Informa all responsible parties
11. Implement, monitor, integrity checks
Discipline
In general, students with IEP’s are subject to the same disciplinary procedures as students
without an IEP
Discipline may be different if
• IEP or BIP has provisions
• Look at flow chart- Step by step guide to suspension/ expulsion
When sped students have disciplinary issues
• Conduct FBA
• Design BIP
• Determine appropriate placement
• Design positive interventions and support
• Determine causes of root issue
Special circumstances- interim alternative educational program for no more than 45 days
regardless of manifestation determination outcome if
• carries/ possess weapon to or on school premises or functions
• possesses , uses, sells or solicits the sale of controlled substance or illegal drugs on school
premises or functions (not alcohol or tobacco)
• Inflicts serious injury upon another person while at school, on school premises or at a
school function (substantial risk of death, extreme physical pain, protracted and obvious
disfigurement, protracted loss or impairment of limb)

Reflection:
While thinking about hiring special education teachers and wanting the best and brightest I am
reflecting on the sped teachers I know and have worked with. Some of them are the best and
brightest in the field. They understand how to work with students with special learning needs
and ensure these students are getting the proper education. I also know some sped teachers who
are not the best and brightest and tend to let their students down by not fulfilling each part of the
IEP. My hope is in the second situation the administration for these teachers would step in to
ensure the students are receiving the education they are entitled to and if teachers are not
fulfilling their end of the IEP a procedure/ plan would be put in place for the teacher.

I found the different scenarios that we discussed about suspension interesting. I have worked in
two very different districts and the way students and suspensions are handled are quite
different. In the smaller district, the administration was much less tolerant of physical violence.
If a student did something to hurt another student or staff member they were usually placed in in-
school suspension or in some cases out- of- school suspension. In my current district, a much
larger urban district, students are rarely suspended in- school or out- of- school. If they become
violent they are removed from the class or a room clear occurs to remove the audience. Once the
student is calm enough to re-enter they re-join their class. I find it interesting how districts
handle similar situations so differently. As an administrator, I have learned I will contact the
people who need to be contacted prior to making any major decisions when it comes to removing
students from the building. It is better to discuss it with others and make the right decision than
to make a snap decision and run the chance of issues with the law.

Notes 4/21
Top 10 list for IEPs
Academic IEP
• Current performance (baseline)
• Goal
• Progress Monitoring
• Accommodations
• Service minutes
Behavior IEP
• Current behavior
• Goal
• Progress monitoring
• Prevention strategies
• Replacement behavior
• Safety plan
• Cue card

Gifted Behavior
Above average ability
Task commitment
Creativity
• All 3 must be present for gifted behavior to emerge

Iowa Code- 257.44- gifted children defined

How students are identified


General intellectual ability Iowa Assessment
Creative thinking MAP
Leadership ability CogAT
Visual and performing arts Teacher referral
Specific ability aptitude Leadership characteristics

Students are expected to make the years growth on standardized tests but they are not progress
monitored

Staffing
• pull-out/ push- in
• Co-taught class
• Services are integrated into the regular curriculum by the classroom teacher whenever
possible
Twice exceptional- student has an IEP and is gifted and talented

Best Practices with Specially Designed Instruction


Iowa’s framework
• Diagnose to...
• Design to...
• Deliver to...
• Engage

Guiding Principles
1. Students with an IEP are general education students first
2. Highly effective universal instruction and interventions
3. Collaboration between school and families
4. Delivered through a variety of settings
5. Iowa Core and school expectations should drive diagnoses, design, and delivery of
intervention
6. Quality and specific assessment information
7. Supports learners to use tools, strategies, and materials to access curriculum
8. Helps learners address their unique learning needs as a result of their disability

Instructional Package
Setting 1- Whole group (core)
Setting 2- Differentiated Small Group
Setting 3- Classroom Intervention
Setting 4- Interventionist or Special Education
Setting 5- Other (volunteer)

Reflection: It is important to look through students IEPs and ensure all their minutes are being
met and that they are not being over served or underserved

Working with Parents- Family and School Partnerships


Use the word family vs. parent; inclusive of all adults who support the learner
Schools encompass the variety of personnel who support students from preschool
through graduation
Partnership refers to a relationship in which families and school personnel agree to build on each
others expertise and resources

High- Expectations
Two Way Communication
Active Involvement
Support Learner Learning

Six Types of Learning


1.Parenting
2.Communicating
3.Volunteering
4.Learning at Home
5.Decision Making
6.Collaborating with Community

Reflection:
As an administrator we need to ensure that our families feel they are partnered with the school,
not just engaged in what is going on. Families play an important role in the education of their
children. We need to value the role of the family and what they have to offer so everyone is on
the same page and understands we all have the child’s best interest in mind.
As an instructional coach, looking at student data and the student achievement gap and sharing
the information with teachers will help move children in the right direction. In my buildings
work with early literacy we have been working towards this goal over the course of this school
year. As an administrator, I will take this learning from class as well as my experience to lead
my staff in the future.

Notes 4/22
ACES- Adverse Childhood Experiences
Physical Abuse
Sexual Abuse
Psychological Abuse
Emotional Neglect
Physical Neglect
Exposure to
Substance Abuse
Divorce
Mental Illness
Domestic Violence
Criminal Behavior

ACES can have a lasting effect on


Health (obesity, diabetes, depression, suicide attempts, STD’s, heart disease, cancer, stroke,
COPD, broken bones)
Behaviors (smoking, alcoholism, drug use)
Life Potential (graduation rates, academic achievement, lost time from work)
• Four or more ACES increases risk for the effects

Movies to watch
Paper Tigers
Resilience

“You can’t heal anyone if you yourself are not healed.”

Everything that works is because of relationships and everything that doesn’t work is because of
relationships

Reflection:
Students who come to our schools come from a variety of backgrounds. As educators we need to
understand our students have different types of trauma. It is vital that we understand our
students come from stressful environments and we need to be understanding and read the signals
the students are sending and respond accordingly. As a teacher we need to be cognitive of what
children bring in their imaginary backpacks to school each day How we respond to our students
is how students will deal with stress.

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