Alabama State Department of Education 1 2 In memory of Mr. Detroit Lee 1917 2001 _ Montgomery Advertiser.

Alabama State Department of Education

1


2

In memory of

Mr. Detroit Lee

1917

2001_

Montgomery Advertiser


3

Mandate of the Lee v. Macon Consent Decree

• Provide ongoing awareness and professional development for administrators, evaluators, and educators

• Provide ongoing monitoring of all initiatives


4

A Message From the Governor

“ I have made children the focus of my administration. My wife, Lori, and I know that education is the key to our children’s success and the success of all of Alabama’s children. I commend your efforts to ensure that every Alabama child has the opportunity to achieve his or her full potential.”

Don Siegelman

PICTURE


5

“Public education is a distinguishing characteristic of the United States of America. An excellent public education system is absolutely essential if Alabama’s citizens are to enjoy a brighter future. Education for students with disabilities in Alabama has improved dramatically since the Lee v. Macon litigation was filed in 1963. I support the initiatives of the Decree. I am confident we will meet its requirements and continue our strides to provide quality education for all students. You are to be commended for your commitment to this effort.”

Ed Richardson

A MessageFrom the State

Superintendent of Education

PICTURE


6

Implementation of the Lee v. Macon Consent Decree

• Redefined eligibility criteria:– Specific Learning Disabilities (SLD)– Mental Retardation (MR)– Emotional Disturbance (ED)– Gifted


7

Alabama Desegregation Timeline1954

Brown v. Board of

Education

1956

Alabama law allowed schools

to close if threatened w

ith

integration

1963Original Lee v. Macon suit filed in

Macon County to desegregate schools

1967Alabama public schools

remained overwhelmingly segregated

1964Federal Civil Rights Act

1964School districts throughout the

state joined original Lee v. Macon suit

1970

District c

ourt ord

ers approved

desegregation plans th

roughout

Alabama

1977

Alabama district courts ordered

schools to move toward unitary

status

1997The courts ordered all parties to move toward

unitary status

2000Lee v. Macon Consent Decree

signed in the area of special education


8

Alabama Desegregation Timeline

• 1954 Brown v. Board of Education

• 1956Alabama law allowed schools to close if threatened with integration

Southeastern Equity Center


9

Alabama Desegregation Timeline(continued)

• 1963Lee v. Macon, plaintiffs filed (August) original suit to desegregate schools in Macon County

• 1964Lee v. Macon, joined school districts throughout

the state to the original caseSoutheastern Equity Center


10


• 1964 Federal Civil Rights Act

• 1967 Lee v. Macon, Alabama public schools

remain overwhelmingly segregated



11


• 1970District court orders approved desegregation

plans throughout Alabama

• 1977Alabama district courts ordered schools to move

toward unitary statusSoutheastern Equity Center


12


• 1997The courts ordered all parties to move toward

unitary status



13

Unitary Status

• Means school systems no longer discriminate on the basis of race

• Is an indicator that a concerted effort has been made to eradicate the vestiges of dual school systems

• Is a reflection; a change in attitudes, beliefs, actions, values, and outcomes


14

A Unitary School District Must Satisfy a Three-Pronged Analysis

• Has the district complied with the court’s desegregation orders for a reasonable period of time?

• Has the district eliminated the vestiges of dejure segregation?

• Has the district demonstrated a good-faith effort to the whole of the court’s desegregation orders?


15


• 2000Lee v. Macon Consent (August 25) Decree signed in the area of special education


16

Green v. New Kent County (1968)The “Green” Factors

• Student Assignment

• Faculty and Staff Assignment

• Transportation

• Extracurricular Activities

• Facilities


17

Unresolved Issues

• Overrepresentation of: – Minority students identified as mentally retarded– Minority students identified as emotionally

disturbed

• Underrepresentation of: – Minority students identified as having specific

learning disabilities– Minority students identified as gifted


18

Who is Most Affected by Overrepresentation?

• African-American males are:– Less likely to receive early intervention

– Less likely to receive counseling and psychological supports

– More likely to be placed in restrictive environments

The Civil Rights Project, Harvard University


19

Who is Most Affected by Overrepresentation?

(continued)

• African-American males are:– Twice as likely to be identified as mentally

retarded living anywhere in the United States

– Three times more likely in Alabama to be identified as mentally retarded

The Civil Rights Project, Harvard University


20

Office for Civil Rights andOffice of Special Education

Programs Concerns• Students may be:

– Unserved or receive services that do not meet their needs

– Misclassified or inappropriately labeled

• Placement in special education classes may be a form of discrimination


21

“Whatever affects one directly, affects all indirectly. Never again can we afford to live with the narrow, provincial ‘outside agitator’ idea. Anyone who lives inside the United States can never be considered an outsider anywhere within its bounds.”

Dr. Martin L. King, Jr.


22

SPECIALSPECIALEDUCATIONEDUCATION


23

At the turn of the last century:

– Children with mild disabilities were instructed in the general education classroom

– Children with severe disabilities did not attend school at all

How and Why Special Education

Evolved Nationally

(Friend and Bursuck, 1999)


24

How and Why Special Education Evolved Nationally (continued)

• In the ’40s and ’50s:

– Nonacademic classrooms were put in place to serve

children with disabilities


25

• By the mid-’50s and early ’60s:

– Studies began to show that theneeds of students with disabilities were not being met



26

• In the ’50s and ’60s:

– The Civil Rights Movement

– Brown v. Board of Education (1954)



27

• Section 504 of the Rehabilitation Act of 1973:

–Provided for equal opportunity concerning participation in the full range of school activities for disabled students



28

• In 1975, P. L. 94-142, the Education for All Handicapped Children Act, provided:

– Free and Appropriate Public Education (FAPE)

– Least Restrictive Environment (LRE)

– Individualized Education Program (IEP)



29

• In 1975, P. L. 94-142, the Education for All Handicapped Children Act, provided (continued):

– Nondiscriminatory Evaluation

– Due Process

– Child Find



30

• In 1990, P. L. 101-476 changed the name to Individuals with Disabilities Education Act (IDEA):

– Other provisions:– Autism and traumatic brain injury added– Transition emphasized– Preschool children’s services increased – Grants provided



31

• In 1997, P. L. 105-17 reauthorized P. L. 101-476:

– New provisions: – General education teacher on IEP Team– Participation in statewide assessments– Transition– Student behavior– Paraprofessionals trained and supervised– Mediation



32

Influences on Special Education Practices

Civil Rights Laws

Research Court Cases

Education Laws

Parent & Professional

Advocacy Groups

Classroom

Friend and Bursuck, 1999


33

Special Education = Service(s)It is NOT a Place

• Based on assessments, individualized, and provided in the least restrictive environment

• Special education should only be considered after appropriate interventions and strategies have been implemented in the general education classroom


34

Purpose and Significance of Appropriate Placement in

Special Education

The purpose of special education is to ensure that children with disabilities receive appropriate services and instruction.


35

• There is a greater likelihood of:

– Attaining skills and knowledge

– Meeting those challenging expectations

– Being prepared for adult life

Purpose and Significance of Appropriate Placement in

Special Education (continued)



36

Significance of Inappropriate Placement of Students in Special

Education

If students are mislabeled, they will

not receive the appropriate

supports and services to be

successful.


37

Significance of Inappropriate Placement of Students in Special

Education (continued)

• When this occurs, they are:

– Less likely to graduate

– More likely to be suspended/expelled

– More likely to drop out and/or enter

into a correctional facility

Osher, Woodruff, SimsGlennonLosen


38

The Problem

• Overrepresentation of minority students in:– Mental retardation programs

– Emotional disturbance programs

• Underrepresentation of minority students in:– Specific learning disabilities programs

– Gifted programs


39

Reasons for Overrepresentation/ Underrepresentation

in Special Education Programs

• Unlevel Playing Field– Resources– Teacher Effectiveness– Prereferral/Referral – Assessment Procedures– Involvement of Family


40

Students in Poor School Districts Lack Reading Resources

Percent of Students Who Are Poor

16%

25% 28%33% 33%

59%

10%

60%

0% 1-4% 5-9% 10-19% 20-29% 30% +

Pe

rce

nt

of

Te

ach

ers

La

ckin

g R

es

ou

rce

s

Source: Educational Testing Service. Teacher Questionnaire from the 1988 NAEP Reading Assessment, Grade 4, unpublished. 1999 by The Education Trust, Inc.


41

Students in Poor School Districts Lack Math Resources

15%

48%44%

10%

50%

Advantaged Urban Disadvantaged Urban Extreme Rural

Pe

rce

nt

of

Te

ach

ers

La

ckin

g M

ath

Re

sou

rce

s

Source: Mullis, Ina V.S. et al. The State of Mathematics Achievement. NAEP’s 1990 Assessment of the Nation and the Trial Assessment of the States. Educational Testing Service, June 1991. Data are for 4th grade.1999 by The Education Trust, Inc.


42

28

1419 16 18

31

20

40

10%

50%

Math Science English Social Studies<20% Free Lunch >49% Free Lunch

Classes in High-Poverty High Schools More Often Taught by

Underqualified* Teachers

* Teachers who lack a minor in the field.Source: National Commission on Teaching and America’s Future, What Matters Most: Teaching for America’s Future (p.16) 1996.

1999 by The Education Trust, Inc.


43

Math and Science Classes with a High Percentage of Minority

Students are More Often Taught by Underqualified Teachers

54%

86%

42%

69%

30%

90%

90-100% Non-White 90-100% WhiteCertified in Field B.A. or B.S. in Field

Source: Jeannie Oakes. Multiplying Inequalities: The Effects of Race, Social Class, and Tracking on Opportunities to Learn Mathematics and Science (Rand: 1990)1999 by The Education Trust, Inc.


44

Reasons for Overrepresentation/Underrepresentation

in Special Education Programs (continued)

• Limited training in: – The prereferral/referral processes– Assessment procedures


45

Limited Involvement of

Culturally/Linguistically Diverse

Families

Reasons for Overrepresentation/Underrepresentation

in Special Education Programs (continued)


46

M3 Equals

• Misidentification

• Misassessment

• Misplacement


47

19th Annual Report to Congress

(1997)

Identified problems associated with inappropriate classification and placement:

– Denied access

– Separate programs

– Stigma


48

Alabama State Department of Education Position Statement

It is clear that disability classification and placement can have a significant impact in either a positive or negative direction. It is imperative that good decisions be made for

each student. This single decision to place a child in special education can

impact a child for a lifetime.


49


50

IRRESPONSIBLE

IRRESPONSIBLE Disability Disability CharacteristicsCharacteristics

SLOWSLOWLEARNER

LEARNER

AGGRESSIVE

AGGRESSIVE

HYPERACTIVE

HYPERACTIVE

UNMOTIVATED

UNMOTIVATED

IMPULSIVE

IMPULSIVE DEFIANT

DEFIANT

WITHDRAWN

WITHDRAWN


51

Characteristics ofMental Retardation

• Difficulty in:– Focusing attention – Remembering information– Regulating one’s own behavior– Mastering academic tasks – Making friends

Harris, Alabama State University


52

Characteristics of Mental Retardation (continued)

• Difficulty in:– Performing life skills

• Appears unmotivated

• Below average intelligence

Harris, Alabama State University


53

Characteristics of Specific Learning Disabilities

• Difficulty in:

– Using language and symbols

– Perceiving

– Managing emotions and behavior

Grill, Athens State University


54


(continued)

• Difficulty in:– Talking: limited vocabulary; difficulty

in formulating coherent, grammatical sentences

– Math: computation and reasoning/ problem solving



55


(continued)

• Difficulty in using language and symbols: – Reading: basic skills & comprehension– Writing: penmanship and expressing

ideas clearly– Listening: hearing, but not

understandingGrill, Athens State University


56


(continued)• Difficulty in perceiving:

– Differences in voice tones– Differences in facial expressions

– Body language– Passage of time– Verbal humor– Personal space



57


(continued)• Difficulty in managing emotions and

behavior:– Controlling anger – Making hasty decisions – Interrupting (impulsive)– Responding to rapid transitions (rigid)– Organizing tasks

– Managing time and resourcesGrill, Athens State University


58


(continued)

• Students often may:– Appear frustrated, shy, or act out in reading

activities (because of reading problems)

– Panic, resist, or act out in writing activities (because of writing problems)

– Resist, refuse, act out at math time (because of math problems)



59


Summary

• All students have some academic problems

• The most common academic problem is reading

• No oneNo one with SLD will evidence all typesall types of problems.



60


Summary (continued)

• AllAll students will evidence somesome types of problems

• Persons with SLD exhibit these problems:– To a greater extent than do “normal”

individuals

– With greater adverse educational effects



61

• Learning problems may include:– Poor academic survival skills – Academic achievement below grade

placement– School demands attribute to at-risk

behaviors

Characteristics of Emotional Disturbance

Pearson,Troy State UniversityNICHCY


62

• Aggressive/non-compliant behavior:– Openly defies authority– Verbally attacks or engages in inappropriate

verbal exchange– Physically threatens peers and authority

figures– Easily loses temper– May have excessive absences or repeated

suspensions

Characteristics of Emotional Disturbance (continued)



63

• Withdrawn:– Lacks social skills to make friends– Uses retreat behavior– Exhibits thought disorders– Exhibits pervasive mood of

unhappiness and/or depression


Pearson,Troy State UniversityNICHCYMorgan and Jenson


64


• Hyperactive:– Feet/hands often moving– Out of seat often without permission– Runs or climbs when walking or reaching would be better– Trouble maintaining self in quiet activities– Appears tense, anxious, and nervous



65

• Immature:– Preoccupation with things not presently

required– Short attention span for chronological age– Difficulty starting and completing tasks– Prefers to socialize with younger-age peers– Difficulty following multi-step directions– Engages in behavior of younger children




66

• Learning Problems

• Aggressive/non-compliant behavior

• Withdrawn

• Hyperactive

• Immature

Characteristics of Emotional Disturbance Summary

Hallahan and Kauffman


67


68

Why Consider Student Characteristics?

“...It is your responsibility (as educators) to learn fundamental characteristics students might have because of their backgrounds… If you understand this…, you can make a special effort to initiate interactions with those students.”



69

Don’t Stereotype

• Stereotype:– …a mental category based on

exaggerated and inaccurate generalizations used to describe all members of a group. Stereotypes are erroneous beliefs, either favorable or unfavorable, that are applied universally and without exception.

Bennett


70

Sociotype

• An accurate generalization about social groups. In a sociotype, the relationship between the specific group and the attribute is found extensively, though not universally; it exists frequently, but not without exception.

Bennett


71

Student Characteristics

• Motivation:– Cooperative environments

– Family

– Relationship with authority figures

– Trust

GrossmanFriend and Bursuck


72

Student Characteristics (continued)

• Spontaneous/Intuitive• Reflective/Analytical• Dependent Learners• Global Perception• Pace• Stimulation• Response Style

Grossman


73

Student Characteristics (continued)

• Impact on Test Results:– How is the student tested?– Who is testing the student?– What is really being tested?


74

Disability Disability CharacteristicsCharacteristics

IRRESPONSIBLE

IRRESPONSIBLE

SLOWSLOWLEARNER

LEARNER

AGGRESSIVE

AGGRESSIVE

HYPERACTIVE

HYPERACTIVE

UNMOTIVATED

UNMOTIVATED

IMPULSIVE

IMPULSIVE DEFIANT

DEFIANT

WITHDRAWN

WITHDRAWN


75

StudentStudentCharacteristicsCharacteristics

IRRESPONSIBLE

IRRESPONSIBLE

SLOWSLOWLEARNER

LEARNER

AGGRESSIVE

AGGRESSIVE

HYPERACTIVE

HYPERACTIVE

UNMOTIVATED

UNMOTIVATED

IMPULSIVE

IMPULSIVEDEFIANT

DEFIANT

WITHDRAWN

WITHDRAWN

So What Does All This Mean?


76

What Is The Connection Between Disability

Characteristics And Student Characteristics?


77

Referral

“Research results support the conclusion that the most important decision made in the entire assessment process is the one made by the general education teacher to refer a student for assessment.”

Grossman, 1995


78

“Students without disabilities who are not referred for assessment cannot be misplaced in programs for students with disabilities; gifted and talented students who are not referred for assessment cannot be placed in programs they deserve. Therefore, it is extremely important to reduce inappropriate and biased referrals.

Referral

Grossman, 1995


79

“This can be accomplished, in part, by increasing regular educators’ knowledge of contextual, cultural, gender, and socioeconomic factors that influence the way students behave and function in school and by making sure that appropriate prereferral procedures are followed before students who are thought to have disabilities are… (referred for assessment).”

Referral (continued)

Grossman, 1995


80

What Can Be Done To Reduce Overrepresentation/Underrepresentation

• General education classroom

• Family involvement

• Referrals

• Evaluations

• Services

• Monitor


81

Impact of Implementation of the Lee v. Macon Consent Decree

• Implement more effective prereferral

interventions

• Ensure appropriate referrals and placements

• Empower teachers

• Improve classroom management

• Reduce disciplinary office referrals

• Improve school environment


82

Alabama State Alabama State

Department of EducationDepartment of Education

MISSION STATEMENTMISSION STATEMENT

To provide a state system of educationTo provide a state system of education

which is committed to academic excellencewhich is committed to academic excellence

and which provides education to theand which provides education to the

highest quality to all Alabama students,highest quality to all Alabama students,

preparing them for the 21st century.preparing them for the 21st century.


83

Special Education ServicesSpecial Education Services

POLICY STATEMENTPOLICY STATEMENTDisability is a natural part of the human experienceDisability is a natural part of the human experience

and in no way diminishes the right of individuals toand in no way diminishes the right of individuals to

participate in or contribute to society. Improvingparticipate in or contribute to society. Improving

educational results for children with disabilities iseducational results for children with disabilities is

an essential element of our national policy of an essential element of our national policy of

ensuring equality of opportunity, full participation,ensuring equality of opportunity, full participation,

independent living, and economic self-sufficiency independent living, and economic self-sufficiency

for individuals with disabilities.for individuals with disabilities.


84

I fully support the Lee v. Macon

Consent Decree initiatives. Education

is not just about what one knows, but

also about who and what one is.Mabrey Whetstone


85

POST ASSESSMENT

1. FALSE

2. TRUE

3. FALSE

4. FALSE

5. FALSE

6. TRUE

7. TRUE

8. TRUE

9. TRUE

Alabama State Department of Education 1 2 In memory of Mr. Detroit Lee 1917 2001 _ Montgomery Advertiser.

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