Principal Leadership for Special Education Untangling IDEA, Section 504, and NCLB.

Principal Leadership for Special Education

Untangling IDEA, Section 504, and NCLB

Why should principals be concerned about special education?

AutismAutism Spectrum

DisordersAsperger’s SyndromePervasive Developmental

Delay

What is it? Medical? Educational? Social?

What are the expectations for children with . . . ?

What is our responsibility for doing what needs to be done?

Autism1 in 110 (82????)

children1 in 70 boysMore children that

those diagnosed with childhood cancer, juvenile diabetes, and pediatric AIDS combined

* Source: autismspeaks.org

Why should principals be concerned about special education?

Disability Harassment—violates Section 504

Consequences for harassing behavior may trigger MDR, BIP, IAESBullying

Cyber-bullyingSexual HarrassmentWorkplace Bullying

Bullying—a widespread proproblem. The incidence of bullying is increasing.

Students with learning disabilities are more likely to be bullied (ldonline)

Students with ADHD are more likely to be bullied and more likely to bully (Fleeker, MSNBC)

Students whose appearance is different are more likely to be bullied (PACER)

Why should principals be concerned about special education?

35.7% of students with disabilities are students of color (45.2% in NC) (2006 Annual Report to Congress)

How do disability, discipline, and diversity interact?

DisproportionalityDifferential TreatmentDisparate Impact

Discipline Inequities“Regrettably, students of color

are receiving different and harsher disciplinary punishments than whites for the same or similar infractions, and they are disproportionately impacted by zero-tolerance policies—a fact that only serves to exacerbate already deeply entrenched disparities in many communities,” Thomas E. Perez, the assistant attorney general for civil rights at the U.S. Department of Justice, recently said at a conference on school discipline and civil rights.”

*Source: Education Week (Oct. 17, 2010)

Why should principals be concerned about special education?

IDEA (and 504) (and NCLB) are a lot like gravity

Not just a good idea.

IT’S THE LAW!

Section 504Students with disabilities are PROTECTED

FROM DISCRIMINATION on the basis of their disabilities.

Access to school facilities and programsInstructional and assessment

accommodationsNo funds are generated to support school

programs.Enforced by the Office of Civil Rights

Individuals With Disabilities Education Act (IDEA)

Free Appropriate Public EducationLeast Restrictive EnvironmentDue Process ProceduresIdentification and Referral ProceduresMulti-factored AssessmentIndividualized Education Program

IDEAStudents are evaluated to determine

ELIGIBILITY for special education and related services.

Access to the general education curriculum and classroom

Participation in statewide assessmentsStudents with disabilities generate (limited)

federal and state funding.

FAPEFreeAppropriate Public Education

Disability CategoriesTo be eligible for services under IDEA, a

student must meet the criteria at 34 C.F.R. §300.8 for one of 14 categories:Autism, Child Aged Three Through Nine Experiencing Developmental Delays, Deaf-Blindness, Deafness, Emotional Disturbance, Hearing Impairment, Intellectual Disability, Multiple Disabilities, Orthopedic Impairment, Other Health Impairment, Specific Learning Disability, Speech or Language Impairment, Traumatic Brain Injury, Visual Impairment

No Child Left Behind (2002)

High Standards CurriculumStatewide AssessmentsHighly Qualified TeachersAdequate Yearly ProgressAccountability for Student Performance

NCLB/IDEA ExpectationsAll students have access to a high standards curriculum

All students participate in statewide assessments

All students are proficient in their academic performance

All students have access to instruction in the high standards curriculum

To the maximum degree appropriate, students with disabilities are educated with their typical peers

NCLB/IDEA ExpectationsHigh Standards Curriculum

Instruction in the General Education ClassroomParticipation in Statewide AssessmentsProficiency

High School GraduationPost-secondary ParticipationEmployment

IDEA/NCLB Expectations

Students with Sensory DisabilitiesHearing ImpairedVisually ImpairedOrthopedically Impaired

Students with Significant Disabilities Traumatic Brain Injury Moderate to Severe

Intellectual Disabilities Multiple Disabilities Deaf-Blind

Students with Academic DisabilitiesSpecific Learning

DisabilitiesSpeech-ImpairmentBehavior-Emotional

DisabilitiesOther Health

ImpairmentAutism Spectrum

DisorderMild Intellectual

Disabilities

General Legal Principles

from IDEA, 504, and NCLB

Appropriate educationAccess to the general education curriculum

Accommodations that provide access to curriculum, instruction, and assessment

Accountability for student performanceParent involvement in decision making

Educational Principles from IDEA, 504, and NCLB

Focus on ALL studentsAccountability for PERFORMANCE

IndividualizationDifferentiation and high standards

Disaggregation of performance data

Parental engagement