Special Needs: Getting to know the law

Amongst all the students...

• Most are typical: protected by basic laws, have LAP or chapter help, could be ELL
• Some fit into section 504: They have an impactful condition that effects their learning, but don't qualify for special education
• Few qualify for special education: Protected by many laws, can get funding, have an IEP (Individualized Education Plan- meaning their ~2 years behind, can have this until they're 21)

Section 504 Accommodation (no funding)

1. Student needs Student study team
2. 504 team evaluation
3. determine eligibility: if not eligible, go back to teacher and make suggestions
4. accommodation plan / placement
5. periodic re-evaluation

IDEIA Process (gets funding)

1. Student needs Student study team
2. Focus of concern (could make decision not to assess = got to 504 team evaluation)
3. Special Education team evaluation
4. Determine eligibility: if not IDEIA, to to 504 Team evaluation
5. if eligible, get IEP / Placement
6. have annual review
7. have 3 year re-evaluation

"Discarding the Deficit Model"
-Beth Harry and Janette Klinger

• This belief system is problematic: The Education for All Handicapped Children Act (1975) and Individual with Disability Education Improvement Act (2004) ensure that schools can turn kids away, but now the law relies on identifying a disability that exists within a child:
  
• "Proof of Intrinsic Deficit": is ambiguous & subjective, historically devalues minorities
• So, kids need this label to get funding and services, to get this, they have to go through the process (see above)

"No More "Waiting to Fail"
-Rachel Brown-Chidsey

• We again see that the laws lead to more students identified with learning disabilities (LD) and more minority students
• Response to Intervention (RTI): an alternative approach, can id LD's by evidence of failure vs. IQ:age level
• 3 levels of prevention: 1. stop outcome from happening at all, 2. address the problem at first sight of symptoms, 3. actions after problem surfaces
• 3 tiers of RTI: 1. universal instruction ans assessment of all, 2. selected instructional activities ans assessments for students who are not at expected level, 3. determine whether a student has a disability that requires SE (so, all students have an equal opportunity for services)

"Confronting Ableism"
-Thomas Hehir

• ableism: society's pervasive negative attitude about disability (often making the world unwelcoming and inaccessible for people with disabilities, ex: "overcoming a disability")
• purpose of SE: minimizing the impact of disability and maximizing the opportunities or students with disabilities to participate in schooling and the community
• involving students: we can gain important insights about the way they learn best, encourage them to take responsibility for their won education, and teach them to advocate for themselves as they move into higher education and employment