Nancy Kane
1. Describe, in writing, the major provisions of P.L.
105-17, the Individuals with Disabilities
Education
Act of 1997. Include in your
response a list of the 13 categories of disability, a
brief
description of the 15 types of related services, and the definition of terms
special
education
and related services.
The major provisions of P.L. 105-17, the Individuals with Disabilities Education Act of 1997 as listed in the Summary of Major Provisions by Jane Williams are:
q Retains the definition of a child with a disability as one with any disability that falls in the 13 categories of disabilities listed below, except deletes the “serious” from subsequent sections of the law when referring to serious emotional disturbances.
q Defines supplementary aids and services, special education, specially designed instruction. Adds orientation and mobility as related services.
q Retains definition of transition services. Transition services must be based on student’s needs, preferences, and interests.
Requires that the IEP team include the regular education teacher, if the child receives services in regular classes.
q Requires that services continue for children who have been expelled or suspended for disciplinary reasons.
q Children with disabilities who attend public charter schools and their parents retain all rights under this part.
q Requires that all service providers responsible for the implementation of the IEP must have access to the IEP, and they must be informed of their specific implementation responsibilities in accordance with the IEP.
q Requires that the public agency, at no cost to the parent, give the parent a copy of the IEP.
The previous list is form the “General” provisions. Other provisions are included under the headings, “Individualized Education Programs (IEPs); IEP Components, General, Special factors, Transition Services, and Transfer of Rights; Individualized Education Program, General and Transition services participants; and Parent Participation (1999).
The thirteen categories of disabilities are:
1. Autism- a developmental delay, affects communication and educational performance,
generally evident before age three.
2. Deafness- hearing impairment so severe, that the auditory channel cannot function as a
mode for processing linguistic information, affects educational performance.
3. Deaf-Blindness- multiple sensory impairments of varying degrees, so severe that a
child cannot be classified or accommodated as deafness or blindness.
4. Hearing Impairment- any level of hearing loss, mild to severe, not included in the
category of deafness, affects educational performance.
5. Mental Retardation- limitations in two dimensions: adaptive skills and intellectual
functioning, manifested during the developmental period.
6. Multiple Disabilities- any combination of disabilities severe enough to cause
educational difficulties, not included in any other category.
7. Orthopedic Impairment- a severe orthopedic impairment, caused by congenital
anomalies, disease, or other causes (e.g. cerebral palsy, amputations).
8. Other Health Impairments- any health condition that adversely affects a child’s
educational performance, (e.g. cardiac problems, tuberculosis, ADD).
9. Serious Emotional Disturbance- a condition with characteristics over a long period and
to a marked degree, adversely affects educational performance, includes
schizophrenia, and does not include children who have only social
maladjustments.
10. Specific Learning Disability- a disorder in one or more of the basic psychological
processes involved in understanding and using language, spoken or written, may
manifest itself in an imperfect ability to listen, think, speak, read, write, spell or do mathematical calculations, does not include children with learning problems due to other disabilities, or environmental, cultural, or economic status.
11. Speech or Language Impairment- communication disorder, such as stuttering,
impaired articulation, language impairment, and voice impairment.
12. Traumatic Brain Injury- an acquired brain injury, resulting in total or partial
functional disability or physical impairment, not including brain injuries due to
congenital or degenerative causes, or birth trauma.
13. Visual Impairment, Including Blindness- impairment, even with correction, adversely
affects a child’s educational performance, includes children with partial sight or
blindness (NICHCY).
Jane Williams in her manuscript, “Special Education and Related Services,” describes Special education and Related services (p.1-3).
Special education is specially designed instruction; it is not a “place.” It is provided at no cost to the family. It is to meet the unique needs of a child with a disability. It includes instruction in the classroom, home, hospital, institution, and other settings. It includes instruction in physical education.
The term includes speech-pathology services, vocational education, or other related service, if the service consists of specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, and is considered special education rather than a related service under State standards.
Related services includes the fifteen following services, and transportation and such developmental, corrective and other supportive services as are required to assist a child with a disability to benefit from special education.
The fifteen types of related services are:
1. Audiology- includes, identification and description of hearing loss, and determines
referrals. Includes habilitative activities, preventative programs, counseling,
amplification aids, and evaluation.
2. Counseling services- services provided by qualified personnel.
3. Early identification and assessment of disabilities in children- implementation of a plan
for early identification of children with disabilities.
4. Medical services- services from a licensed physician to determine if child’s disability
is medically related and requires special education and related services.
5. Occupational therapy- improving, developing, or restoring functions, lost through
disability, includes preventative measures.
6. Orientation and mobility services- services to students with blindness or visual
impairments from qualified personnel to enable students to attain systematic
orientation and safe movement within their environments.
7. Parent counseling and training- to help parents understand their child’s special needs
and provide information about child development.
8. Psychological services- includes administering and interpreting educational tests and
assessments, behavioral services, staff consultation, and counseling for families.
9. Recreation- related to leisure activities, assessment, education, therapeutic recreation,
and programs in school and community.
10. Rehabilitation counseling- services from qualified personnel focusing on career,
employment, independent living, and work and community integration. Includes
vocational rehabilitation under Rehabilitation Act of 1973, as amended.
11. School health services- services from school nurse or other qualified personnel.
12. Social work services in schools- provides social or developmental history, counseling,
working on home situations to help school adjustments, mobilizing resources, assist with behavioral intervention strategies.
13. Speech-language pathology services- identification, diagnosis, appraisal, referral,
habilitation and preventative services, counseling and to families and school
personnel regarding speech and language impairments.
14. Transportation- travel to, from, between, and within schools, includes specialized
equipment.
15. Physical therapy- improving, developing, or restoring functions, lost through
disability includes preventative measures.
2. Describe, in writing, the definition and learning and behavioral characteristics of a student with a serious emotional disturbance in the cognitive, academic, communicative and social-adaptive areas. Include in your response at least 3 positive behavioral interventions, strategies, or supports to assist the student, his or her teacher, and his or her family in achieving within the general education setting.
The
definition of serious emotional disturbance according to Knoblauch and Sorenson,
in IDEA’s Definition of Disabilities, is:
A
condition exhibiting one or more of the following characteristics, displayed
over a long
period of time and to a
marked degree that adversely affects a child’s educational
performance:
§
An inability to learn that cannot
be explained by intellectual, sensory, or health factors.
§
An inability to build or maintain
satisfactory internal relationships with peers or teachers.
§
Inappropriate types of behavior
or feelings under normal circumstances.
§
A general pervasive mood of
unhappiness or depression.
§
A tendency to develop physical
symptoms or fears associated with personal or school problems.
The term includes schizophrenia, but does not include students who are
socially maladjusted, unless they have a serious emotional disturbance.
P.L. 105-17, the IDEA Amendments of 1997, changed “serious emotional
disturbance” to “emotional disturbance.”
The change has no substantive or legal significance.
It is in strictly to eliminate any negative connotation of the term
“serious.”
According to NICHCY, some learning and characteristics and behaviors seen
in children who have emotional disturbances include:
q
Hyperactivity (short attention
span, impulsiveness);
q
Aggression/self-injurious
behavior (acting out, fighting);
q
Withdrawal (failure to initiate
interaction with others, retreat from exchanges or social interaction, excessive
fear or anxiety);
q
Immaturity (inappropriate crying,
temper tantrums, poor coping skills); and
q
Learning difficulties
(academically performing below grade level).
Most children with serious emotional disturbances may exhibit distorted
thinking, excessive anxiety, bizarre motor acts, and abnormal mood swings, and
are sometimes identified as children who have severe psychosis or schizophrenia.
Many students with emotional and behavior problems are significantly
underserved in the public school system. Inconsistent
identification, classification, definitions, and limitations for objective
assessment are additional problems.
Henley, Ramsey and Algozzine point out that teachers use a synthesis of
four theoretical viewpoints: biophysical, psychodynamic, psychoeducational, and
behaviorist. This synthesis reflects the interactional nature of emotional
and behavioral disorders. The
ecological model echoes this stance, in that the child is influenced by many
environmental factors and the whole child must be considered when providing
services (128).
Students who have behavior disorders generally test low average on
standardized intelligence tests, which may be due to overwhelming emotional
stress while taking the test. These
students also have delays in social-cognitive development and social problem
solving. Low academic achievement
is another characteristic of students with behavior disorders. “Newness panic,” or fear of change, may also interfere
with learning. Communication of
feelings is often difficult. Feelings
are acted out, rather than discussed. Students
with emotional disabilities may use antagonistic words to maintain a sense of
control and normalcy. Social-adaptive
behavior, when externalized is more observable, and is used more often as an
indicator of a behavior disorder than internalized behavior problems.
Self-control skills that need to be addressed are, impulse control,
assessing social reality, managing group pressure, stress management, and
social-problem solving.
Some positive behavioral strategies that I would use to help students in
the general education setting are matching teaching to learning styles, and
placing the student with a teacher that has good management and preventive
discipline skills. Social skills instruction would also help the student, for
example, having them keep an achievement diary. I would also consult the family as to what support services
would be helpful, such as family counseling (114-128).
3. Describe, in writing, the requirements of the Individual with Disabilities Education Act for a statement of transition service needs and a statement of needed transition services.
The Individual with Disabilities Education Act mandates that as part of the Individual Education Plan (IEP), for each student with a disability, written documentation should include a statement of transition service needs and a statement of needed transition services.
The goals of the transition plans should be farsighted and guide the teaching of specific skills to prepare the student for the challenges after school. Although transition planning may occur any time during the student’s school life, the requirement that they must begin at age 14 is critically important. At this juncture, high school is the final opportunity that school personnel have to prepare students for their futures. A significant number of students with disabilities are unprepared for the demands of adulthood and many others do not finish high school.
The “statement of transition service needs” should be developed for students, beginning at age 14, and it should be revised and reviewed every year after that. It should focus on the student’s course of study (such as, participation in advanced-placement courses or a vocational education program) and be related to the student’s goal. The goals may not always be based on academics, but on areas such as, life skills, career awareness, and self-advocacy training. The statement “is to focus attention on how the child’s educational program can be planned to help the child make a successful transition to his or her goals for life after secondary school” (NICHCY).
The “statement of needed transition services” should be developed for students beginning at age 16, and may occur earlier, if deemed appropriate by the IEP team. “A statement of the interagency responsibilities or any needed linkages,” should also be included, when appropriate (NICHCY).
Also
required for transition services is a written statement documenting that the
student has been informed of their rights “under part B, if any, that will
transfer to the child when he or she attains the age of majority” (NICHCY).
This service must begin one year before the student with a disability
reaches the age of majority, as determined by state law.
This statement must be included in the IEP.
IDEA also mandates that if a child is incapable of making educational decisions, that “the State will develop procedures for appointing the parents or another individual to represent the interests of the child” (NICHCY).
In all transition planning and decision-making, the school personnel must include the student with disabilities.
4. Describe, in writing, the major provisions relative to the least restrictive environment
(LRE) of P.L. Include in your response (a) the continuum of services included in the
Arizona Administrative Code (A.A.C.); (b) your perception of your role in ensuring that
all students, regardless of their disabilities, are educate least restrictive environment; and
(c) at least three strategies for achieving inclusion in the general education setting for
students with disabilities.
The major provisions relative to the least restrictive environment (LRE) of P.L. 94-142 are that each public agency should:
1. Place children with disabilities in a public or private educational settings, or other care giving institutions, with their peers who are not disabled and who are of the same chronological age, to the “maximum extent appropriate.”
2. Only remove students with disabilities from general education classes when they cannot achieve satisfactorily in general education classes, even with supplementary aids and services.
3. Offer a continuum of educational and related services that addresses the needs of the student with disabilities. The continuum must be available from full inclusion in general education classes with supports; special classes, ranging from pull-out to self-contained classes; special schools; home or hospital instruction; and residential or correctional facilities. The continuum spans the least restrictive environment, or integrated placement, to most restrictive environment, or segregated placement. Decisions about placement should consider the least restrictive environment first, and documentation should show the reasons for not placing the student in the least restrictive environment. The Continuum of Services required by the A.C.C. (Arizona Administrative Code) R7-401 (G)(1)(b) requires:
· Regular education with supplementary services and/or aids
· Regular class with itinerant instruction
· Regular class/resource room
· Special class/self contained
· Separate day school
· Private School
· Residential School (Institution)
· Home
· Hospital
· Other setting
4. Make the placement decisions based on the IEP teams recommendations. This team should include the parents, student (if appropriate), special education teacher, Local Education Agency representative, persons invited by the LEA or the parents, representatives of agencies providing transition services (if necessary), and a person knowledgeable about the assessment process, and translator (if necessary).
5. Review and revise the placement decision annually, based on the student’s IEP and the decisions of the IEP team. Placement should be as close to the home as possible, in the school that the student would attend if not disabled, unless stated in the IEP.
6. Make available opportunities for the student with disabilities to interact with non-disabled peers in nonacademic and extracurricular settings as much as his/her non-disabled peers and to the maximum extent appropriate. These opportunities should consider the needs of the student.
7. Provide physical education services or special physical education services for student who are placed in a separate facility (Williams).
Students with disabilities should be served in the general education classroom, or fully included, with supports, if necessary. This setting is the best academic environment than pullout programs. My role in ensuring that children will be included involves that I educate parents and students about their rights and options. The family’s and student’s wishes and needs should be considered, as well as the needs of the other students and teachers. My role would be to collaborate with school personnel and promote the benefits of inclusion and reallocation of resources. Segregation encourages the idea that others are “different.” When children with disabilities are included in general education classrooms, everyone benefits from learning about and accepting each other.
One of the first strategies that I would use for achieving inclusion in the general education setting for students with disabilities would be to maintain two-way communication with the family through journals that are sent home every day. Then, the parents could write information in the journal and send it back the next day. Another strategy that I would use would be to keep the student’s needs in mind and gradually assimilate them into the classroom. I would wait to evaluate inclusion program after every one had a chance to adjust. Also, I would develop preparation activities before inclusion that would help the transition for the other students. Planning lessons that include exploring perceptions of disabilities and awareness programs would help.
5. Describe, in writing, the provision of P.L. 105-17, that requires that the IEP team develop a function behavior plan for any student whose behavior impedes his or her learning, or the learning of others. Include in your response the basic steps for conducting a functional behavioral assessment and the basic components of behavioral intervention plan.
As
stated in A Handy Guide to Developing Behavior Plans, P.L. 105-17
requires that “the IEP Team shall in the case of a child whose behavior
impedes his or her learning or that of others, consider, when appropriate,
strategies, including positive behavioral interventions, strategies, and
supports to address that behavior. If the local education agency did not conduct a functional
behavior assessment and implement a behavioral intervention plan for such child
before the behavior that resulted in the suspension, the agency shall convene an
IEP meeting to develop an assessment plan to address that behavior” (1).
Also, as stated in Addressing Student Problem Behavior, the 1997
amendments to IDEA require that, “in response to certain disciplinary actions
by school personnel, the IEP team must, within 10 days, meet to formulate a
functional behavior plan; or, if a behavior plan already exists, the team must
review and revise it (as necessary), to ensure that it addresses the behavior
upon which disciplinary action is predicated (1).
The basic steps for conducting a functional behavior assessment (FBA)
are:
q
When the teacher has concerns
about a child’s behavior, s/he develops and implements preliminary behavior
intervention strategies.
q
If these prove unsuccessful, and
the behavior impedes the child’s learning and the learning of others, an IEP
team convenes.
q
The IEP team identifies and
prioritizes problem behaviors. The
behaviors should be described specifically and objectively.
q
The IEP team determines what
assessment strategies will be used to gather data about the function of the
behavior. Tools may be, for
example, interviews, and ABC observations.
q
The team reconvenes to analyze
the data: antecedents, setting events, and consequences. They form a hypothesis
of the function of the behavior.
After the functional behavior analysis is complete, the team develops a
behavior intervention plan (BIP) that documents the following:
q
A definition of the behavior,
behavioral expectations, and behavior that is prohibited.
q
A definition of the
interventions, how they will be carried out, and who will be
responsible
for implementing them.
q
Meeting dates to review the
effectiveness of the plan, and revise, if necessary.
National Information Clearinghouse on Children and Youth with Disabilities. (1997, May).
Disabilities that qualify
children and youth for special education services under the
Individuals with Disabilities Education Act (IDEA). Washington, D.C.: Author.
Williams, Jane. (1999, Fall). Special education and related services. Unpublished manuscript.
Williams, Jane. (1999, Nov.). Summary of Major
Provisions of P.L. 105-17, The Individuals
with Disabilities Education Act of 1997. Unpublished manuscript.
Knoblauch, B., & Sorenson, B. (1998, April). IDEA’s definition of disabilities. Reston, VA:
ERIC clearinghouse on Disabilities and Gifted Education, The Council for Exceptional
Children.
Question 3-
NICHCY-National Information Clearinghouse on Children and Youth with Disabilities. (No
date). Transition services and the Individuals with Disabilities Education Act.
Washington, D.C.: Author.
Williams, Jane. (2000, Jan.). Arizona Continuum of Services. Unpublished manuscript.
Williams, Jane. (2000, Jan.). Least Restrictive Environment (LRE) Provisions. Unpublished
manuscript.
Henley, M., Ramsey, R.S., Algozzine, R.F. (1999). Teaching
Students with Mild Disabilities
(3rd Ed.). Needham Heights, MA: Allyn & Bacon.
Question 5-
Arizona Department of Education. (1998, Spring). A handy guide to developing behavior plans.
Phoenix, AZ: Author.
Center for Effective Collaboration and Practice. (1998,
September 16). Addressing student
problem behavior: An IEP
team’s introduction to functional behavioral assessment and
behavior intervention plans. (2nd Ed.). Washington, DC: Author.
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