Presentation by Carol Quirk, Co-Executive Director at Maryland Coalition for Inclusive Education, given during her visit to Yekaterinburg, Russia, sponsored by the US Consulate General in Yekaterinburg.
1. Legal Aspects of Inclusion
Carol Quirk, Ed.D.
Learning Together to Live Together
2. Today…
• THE LAW: an understanding of the legal aspects of
placement in IDEA and case law
• MAKING CHANGE: systemic change to inclusive
schools and classrooms
• STUDENT PLANNING: what it looks like for a student
who may take the alternate assessment
• Discussion
Maryland Coalition for Inclusive Education
3.
4.
5. Individuals with Disabilities
Education Act (IDEA)
• 1975 Education of All Handicapped Children Act
• 1990 renamed IDEA: the Individuals with Disabilities
Education Act
• 1997 Amendments to IDEA
• 2004 Amendments to IDEA
Maryland Coalition for Inclusive Education
6. Parental Rights
Due Process Rights
Free Appropriate Public
Education (FAPE)
Special Education and
Related Services
Provided at public expense
To meet the unique needs of
student so the student can:
Benefit from education
Progress in general
curriculum
In the Least
Restrictive
Environment (LRE)
With children who
are not disabled
– As close to home as
possible (neighborhood
school)
Maryland Coalition for Inclusive Education
7. Special Education
Specially designed instruction means
adapting, as appropriate to the needs of an eligible
child … the content, methodology, or delivery of
instruction
WHY?
to address the unique needs of this child that result from
that child’s disability
to ensure access of the child to the general curriculum so
that he or she can meet the educational standards that
apply to all children.
Maryland Coalition for Inclusive Education
8. “Least Restrictive
Environment”
• children with disabilities. … are
educated with children who
are nondisabled
• The child's placement
– determined at least annually
– as close as possible to the child’s
home
• the child is educated in the
school that he or she would
attend if nondisabled
9. “Least Restrictive Environment”
• consideration is given to any
potential harmful effect on the
child or on the quality of
services that he or she needs
• A child with a disability is not
removed from education in age
appropriate regular classrooms
solely because of needed
modifications in the general
curriculum
10. “Least Restrictive Environment”
• Children with disabilities may
be removed…
…only if the nature or severity
of the disability is such that
education in regular classes
with the use of
supplementary aids and
services cannot be achieved
satisfactorily.
11. Continuum of Alternative
Placements
Must be available to meet the needs of
students
Includes instruction in:
regular classes,
special classes,
special schools,
home instruction, and
instruction in hospitals and institutions
Maryland Coalition for Inclusive Education
12. “Least Restrictive Environment”
• Each public agency shall ensure
that
special classes, separate
schooling or other removal of
students with disabilities occurs
only if the nature or severity of
the disability is such that
education in regular classes
with the use of supplementary
aids and services cannot be
achieved satisfactorily.
13. Individualized Determination
Made by a team that includes parents
Based on IEP, NOT on
Category or significance of disability
Availability of services
Configuration of service delivery system
Availability of space
Administrative convenience
Maryland Coalition for Inclusive Education
14. Individualized Determination
In conformity with LRE provisions
Is as close as possible to student’s home
Unless the IEP of the student requires some other
arrangement, the student is educated in the school
he or she would attend if not disabled (i.e.
neighborhood or zoned school).
Maryland Coalition for Inclusive Education
15. Sequential Determination
Begin with presumed placement in regular
education classes in the school the student would
attend if not disabled:
“Unless the IEP of a child with a disability requires
some other arrangement, the child is educated in the
school that he or she would attend if nondisabled.”
Maryland Coalition for Inclusive Education
16. Sequential Determination
• IF the IEP cannot be implemented in the least
restrictive placement,
the team must consider the full range of
supplementary aids and services in the LRE, before
moving on to a more restrictive setting
Maryland Coalition for Inclusive Education
17. Placement Considerations
34 C.F.R. §300.116
1. The effect of the student’s disability on his or
her involvement in the general curriculum.
Maryland Coalition for Inclusive Education
18. Placement Considerations
34 C.F.R. §300.116
2. Provision of services (special
education, related services, and
supplementary aids and services) so that the
student may be involved in and progress in
the general curriculum.
Maryland Coalition for Inclusive Education
19. Placement Considerations
34 C.F.R. §300.116
3. The continuum of placement options must
be considered, including the provision of
such supplementary aides and services as
resource room or itinerant instruction
provided in conjunction with a regular
placement.
Maryland Coalition for Inclusive Education
20. Placement Considerations
34 C.F.R. §300.116
4. The consideration of the continuum starts
with placement in regular classes with
supplementary aids and services in the
school the student would attend if he or she
did not have a disability.
Maryland Coalition for Inclusive Education
21. Placement Considerations
34 C.F.R. §300.116
5. The consideration of any potential harmful
effect that the placement being considered
would have on the student or the quality of
services to be provided.
Maryland Coalition for Inclusive Education
22. Placement Considerations
34 C.F.R. §300.116
6. The student cannot be removed from the
regular education environment based solely
on the student’s need for modifications of
the general curriculum.
Maryland Coalition for Inclusive Education
23. Placement Considerations
34 C.F.R. §300.117
7. The student must be permitted to
participate with typical peers in
nonacademic and extracurricular
activities, to the extent
appropriate, including
meals, recess, athletics, recreational
activities, special interest groups of clubs
sponsored by the school.
Maryland Coalition for Inclusive Education
24. Placement Considerations
34 C.F.R. §300.116
8. The team must explain in writing in the IEP
the degree to which the student will not
participate with typical peers.
Maryland Coalition for Inclusive Education
25. Supplementary Aids and
Services
Aids, services and other supports
provided in regular education classes or other
education-related settings
to enable children with disabilities
to be educated with nondisabled children
to the maximum extent possible.
Maryland Coalition for Inclusive Education
26. Supplementary Aids and
Services
To help students with disabilities obtain three benefits:
1. To advance appropriately in attaining IEP goals
2. To be involved in and to progress in the general
curriculum and to participate in extracurricular
and non-academic activities.
3. To be educated and participate with other
students with disabilities and those without
disabilities.
Maryland Coalition for Inclusive Education
27. Supplementary Aids and
Services
Teams should consider the full range of
supplementary aids and services.
The general education teacher assists the IEP team
in determining:
• the supplementary aids and services
• program modifications
• supports for school personnel that will be provided for the
student
Maryland Coalition for Inclusive Education
27
28. Supplementary Aids and
Services
Permissive Use of Funds
Federal funds provided pursuant to the IDEA for
special education and related services and
supplementary aids and services provided in a
regular education class to a student with a disability
may benefit one or more students without
disabilities.
Maryland Coalition for Inclusive Education
29. Supplementary Aids and
Services
Environmental/physical
Providing preferential seating
Altering physical arrangement of classroom
Reducing distractions
Providing quiet corner or study carrel
Modifying equipment, adapting writing utensils
Assistance in maintaining uncluttered space
Providing space for movement/breaks
Maryland Coalition for Inclusive Education
30. Supplementary Aids and
Services
Instructional
Modified physical materials
Visual cues (color, picture, schedule, organizational
chart, etc.)
Alternate assignments
Pre-teach vocabulary
Providing literature in alternate modes
(computerized, different reading level, etc.)
Peer partners to model
Maryland Coalition for Inclusive Education
31. Supplementary Aids and
Services
Staff Supports
Additional adult assistance(identify for what tasks)
Professional development on use of
equipment, methods, impact of disability, etc.
Collaborative planning time
Coaching from specialist
Maryland Coalition for Inclusive Education
32. Supplementary Aids and
Services
Social/Behavioral Supports
Immediate feedback
Rest breaks
Behavioral intervention strategies
Positive behavior supports plan
Varied reinforcement system
Circle of friends
Peer buddies
Counseling
Maryland Coalition for Inclusive Education
33. Supplementary Aids and
Services
Social/Behavioral Supports
study skills instruction
visual daily schedule
Checklists
notice or warning before change in activities
daily check-in with case manager/mentor
verbal/visual cues regarding transitions, directions
staying on task
Maryland Coalition for Inclusive Education
35. Roncker v. Walter
Ronker v. Walter, 700 F.2d 1058 (6th Cir. 1983)
Portability/feasibility test:
Can services be brought to the child instead of
moving the child to a school where services
already exist?
Maryland Coalition for Inclusive Education
36. Roncker v. Walter
The Roncker court stated:
In a case where the segregated facility is
considered superior, the court should
determine whether the services that make
that placement superior could be feasibly
provided in a non-segregated setting. If they
can, placement in the segregated facility
would be inappropriate under the Act. Id. at
1063.
Maryland Coalition for Inclusive Education
37. Roncker v. Walter
Special education services delivered in self-
contained settings are portable:
◊ They can be brought to the child rather than
removing the child from an integrated setting in
order to receive the services
◊ Services and the setting in which those services
are delivered are two separate issues
Maryland Coalition for Inclusive Education
38. Daniel R.R.
Daniel R.R. v. State Board of Educ. 874 F.2d 1036 (5th Cir. 1989).
Questioned whether:
• A student will receive educational benefit from mainstreaming
• Any marginal benefit derived from mainstreaming is
outweighed by the benefits likely to be received in a separate
facility
• The student is a disruptive force in the classroom
Maryland Coalition for Inclusive Education
39. Rachel H.
Sacramento School District v. Rachel H., 14 F. 3d 1398 (9th Cir. 1994)
Balancing Test - Outlined 4 factors:
1. Educational benefits available in the general education classroom
with supplementary aids and services;
2. The non academic benefits of interacting with peers without
disabilities;
3. The impact of the student with a disability on the children and
teacher in the classroom;
4. The cost of the supplementary aids and services required to
mainstream the student
Maryland Coalition for Inclusive Education
these factors are found in old (1980s) OCR findings. Section 504 has LRE obligations and so there were complaint filed on behalf of students covered under OCR And OCR said you can't make placement recommendations based on these findings.
extracurricular activities and LRE is found in the definition section of the law too. That is how impt it is. Dept of Ed just released guidance last week on the obligations to SWDs and extracurricular http://www.ed.gov/news/press-releases/us-department-education-clarifies-schools-obligation-provide-equal-opportunity-s
Daniel RR are factors/tests adopted by courts to analyze LRE cases. True story: although family lost he was ultimately included.