Special Education: 30 Myths in 30 Minutes
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Transcript of Special Education: 30 Myths in 30 Minutes
Special Education: 30 Myths in 30 Minutes
Thomas A. MayesLegal Consultant
Iowa Department of Education
Why do these myths exist?
• Old knowledge that is accepted as current
• Overcompensation/overcorrection to new knowledge
• Lack of complete/enough knowledge
• Willful ignorance, or a calculated refusal to confront the facts
I apologize in advance…
if I do not offend you.
So…
Here are the
30 Myths,in no particular order.
MYTH # 1
Vaccines cause autismMeet Dr. Andrew
WakefieldProponent of autism/vaccine link.
Media superstar.Faker of data.
No longer a doctor.
Myth # 1: The reality
There is no scientific evidence that vaccines cause autism.
The “study” has been withdrawn by its publisher. The medical license of its author has been
revoked. The court cases have also concluded this is a
myth.
Authority: Cedillo v. Secretary of Health & Hum. Servs., 2010-5004 (Fed. Cir. Aug. 27, 2010).
Myth # 2
“It is impossible to discipline a special education kid.”
We can’t suspend. We can’t expel. We can’t seclude or restrain. We’ve lost control of the classroom.
Myth # 2: The reality
You can discipline a child with an IEP; however, in certain cases you must
provide additional protections.• Continue to provide services during expulsions or long-term
suspensions.• Manifestation determinations in conjunction with expulsions
or long-term suspensions.
• Expedited due process hearings. Authority: Iowa Admin. Code r. 281—41.530.
Myth # 2: The reality
Iowa law does not “ban” seclusion & restraint.It does, however:• Ban certain types of restraint (prone, about the
neck).• Prohibit using seclusion/restraint for minor
infractions and routine discipline.• Require training, documentation, notice to parents.Authority: Iowa Admin. Code ch. 281—103.
Myth # 3
Little Johnnie has Level 3 weighting.
Therefore…. Little Johnnie goes to the
Level 3 classroom, where he takes
“Level 3 Math,” etc.
Myth # 3: The reality
“Levels” 1, 2, and 3 are finance mechanisms. They are determined by a child’s need. They do not determine a child’s programming or placement.
Basing a child’s programming or placement based on a child’s “Level” or “Weightedness” is illegal.
Authority: 20 U.S.C. § 1412(a)(4)(B); Iowa Admin. Code r. 281—41.907(9).
Myth # 4
We don’t do “504s” in this district.
Myth # 4: Editorial Comment
Myth # 4: The reality
Yes, you do (or you will, after you get caught).
Section 504 of the Rehabilitation Act of (29 U.S.C. § 794) applies to all of Iowa’s school districts. There is no “opt in/opt out.” You can’t pick and choose which civil rights laws you want to obey.Authority: U.S. Const. art VI, cl. 2.
Myth # 5
“The goal of the IEP team is to
reach consensus.”
Myth # 5: The reality
The goal of the IEP team is to write an IEP. The IEP must be reasonably calculated to confer benefit, and must be drafted according to the IDEA’s procedural requirements.
• Consensus isn’t required. • Consensus, for consensus’s sake, can actually chill important
discussions.• That is why the IDEA provides procedural safeguards.
Authority: Iowa Admin. Code rr. 281—41.321-.322; Board of Educ. v. Rowley, 458 U.S. 176 (1982).
Myth # 6
Evaluate? NO! We cannot evaluate this
child yet! We are not quite finished with our
AEA’s interventions!
Myth # 6
Whew! Almost through ‘supplemental’ but not quite to ‘intensive.’
Myth # 6: The reality
A public agency shall seek parental consent to evaluate a child whenever the public agency suspects the child may be a child with a disability. This is true even if the public agency is still “doing interventions.”
Authority: Iowa Admin. Code r. 281—41.111; Letter to Anonymous, 19 IDELR 498 (OSEP 1992).
Myth # 7
The general classroom is the least restrictive environment (LRE).
Myth # 7: The reality
A child’s LRE is the least restrictive setting where the child may receive a FAPE.
If the child cannot receive a FAPE in the general classroom, the general classroom is not the child’s LRE.
Authority: Iowa Admin. Code r. 281—41.114; A.W. v. Northwest R-1 Sch. Dist., 813 F.2d 158 (8th Cir. 1987)
Myth # 8
Children with disabilities (“on IEPs”) cannot go to the alternative school or the alternative program.
That would be “double dipping.”
Myth # 8: The reality
FALSE ON MULTIPLE LEVELS.Excluding children solely because of disability
violates civil rights laws.If a child with a disability requires access to the
alternative setting to receive a FAPE, it must be provided.
The double-dipping argument is based on faulty premises.
Authority: DE Guidance Document (citing statutes)
Myth # 9
“We can use paraeducators to provide instruction.”
or“We can use the collaborative
model with paraeducators.”
Myth # 9Selections from a Prior Written Notice
Myth # 9: The reality
Teachers teach. Paraeducators help teachers or other licensed professionals. Paraeducators do not teach.
By the way, you cannot use the collaborative model with paraeducators. That model is premised on collaboration between teachers.
Authority: Iowa Admin. Code r. 281—41.403
Myth # 10
You have to do a manifestation
determination each time an
eligible individual is suspended.
Myth # 10: The reality
A manifestation determination is required only if a suspension, expulsion (or any other removal) results in a change in placement.So, no change in placement? No manifestation determination required.
Authority: Iowa Admin. Code r. 281—41.530(5)
Myth # 11
FAPE stops at 3:30.
Myth # 11: The reality
A free appropriate public education may include extracurricular activities.
A public agency must take steps to offer children with disabilities an equal opportunity for participation in extracurricular activities.
Required supports belong in the IEP.
Authority: Iowa Admin. Code rr. 281—41.107, 41.117, 41.320(1)(e).
Myth # 12
“My doctor suggested a
service in a report. The
school has to provide it.”
Myth # 12
Myth # 12: The realityDecisions are made by teams, not individuals. This is true even if the individual has a professional degree or license, has earned a Nobel prize, etc.
Teams make all special education decisions of consequence.
Authority: Iowa Admin. Code rr. 281—41.116 (placement), 41.306 (eligibility), 41.321 (IEPs), 41.405 (special health services)
Myth # 13
“We can’t tell the bus drivers about Little Tommy’s behavior intervention plan. That’s confidential!”
Myth # 13
Myth # 13: The reality
All services providers must know:– Specific responsibilities related to implementing
the child’s IEP– Specific accommodations, modifications, and
supports that must be provided for the child in accordance with the IEP
All services providers must have access to the child’s IEP.
Authority: Iowa Admin. Code r. 281—41.323(4)
Myth # 14
Special education is really for all children who need extra help with their learning.
Myth # 14: The reality
Special education is for children who need help with learning because of a disability, and not solely for other reasons.
Authority: Iowa Code § 256B.2(1)(a)
Myth # 15
Special education means a parallel curriculum.
Myth # 15: The reality
Special education is adapting content,
methodology, or delivery so children
with disabilities can “access the general
curriculum.”
Authority: 34 C.F.R. § 300.39
Myth # 16
The problem really is those move-ins from [insert location here].
Myth # 16: The reality
Those “move-ins” are your agency’s kids now, and you are responsible for their education.
Authority: Iowa Admin. Code r. 281—41.51(12)
Myth # 17
“My child has a diagnosis of [insert condition here]. You must give her an IEP.”
Myth # 17: The reality
It is not enough to have a diagnosis. A child also must have a need for special education.
Authority: Iowa Admin. Code r. 281—41.8
Myth # 18
‘Data this. Data that.’ Why do
we have to worry about data?
Shouldn’t we be worrying about
serving kids with disabilities?
Myth # 18: The reality
Data are very important. By examining your data, you can direct your activities and you can tell if you actually served a child.
Authority: Iowa Admin. Code rr. 281—41.211, 41.314
Myth # 19
We can use special education
resources to roll out the Iowa Core
Curriculum, because good core
instruction would really help children
with disabilities.
Myth # 19: The reality
If an activity helps all children, such as “rolling out the Core,” then one may not devote special education funds to that activity.
Authority: Iowa Code § 256B.9
Myth # 20
If my child has an IEP, I
do not have to pay for
anything.
Myth # 20: The reality
Parents of children with disabilities are still responsible for “incidental fees” that are “part of the regular education program.”
Remember … fee waivers for children with low income and children in foster care.
Authority: Iowa Admin. Code r. 281—41.39(3)
Myth # 21
Why shouldn’t we expect an achievement gap for kids with disabilities?
NAEP 4th Grade Math
MA ND MN IN NJ WY KA NH MT ME NC IA VT
Students with IEPs
79.448223948192
3
77.275124522418
9
71.998380581577
69.517925476532
6
68.922782684117
9
68.151563906172
4
68.262368345227
9
70.588311578228
2
65.235786499094
8
65.328657778905
3
63.236149337676
59.191239190870
6
59.120402862242
3
Students without IEPs
94.256867504116
7
93.020702824154
6
91.076295408682
2
89.855809479473
9
90.113105040535
7
90.715202006658
8
91.511786308880
9
95.598459911551
4
91.006412119083
8
91.305008276257
3
89.627441584741
90.719147007195
2
93.204119959726
3
Gap
14.808643555925
7
15.745578301736
7
19.077914827105
2
20.337884002941
3
21.190322356417
8
22.563638100487
3
23.249417963653
3
25.010148333322
6
25.770625619990
1
25.976350497353
1
26.391292247065
1
31.527907816324
5
34.083717097483
4
5
25
45
65
85
Perc
ent
at
basic
or
above
NAEP 8th Grade Math
ND MN WI NH NJ KS PA ME WY SD VT MT IA
Students with IEPs
60.9307784007323
49.535285431544
44.428834191073
44.9067028433847
42.1961912977438
39.3490220798227
39.4808798683193
37.1515767170782
36.475698739434
39.4629726790384
34.795981784996
30.4567063170806
25.0170188912046
Students without IEPs
88.6452917491694
86.4356201503818
83.8568005598339
87.7432958340717
85.7151973515024
83.0321632889096
84.2448657058132
83.9908155393434
83.332579590065
86.9039872526606
87.9849507084184
87.9409547414214
83.079175968039
Gap
27.7145133484369
36.9003347188378
39.4279663687615
42.8365929906871
43.5190060537582
43.6831412090861
44.7639858374924
46.8392388222645
46.8568808506305
47.4410145736224
53.1889689234227
57.4842484243403
58.0621570768346
5
15
25
35
45
55
65
75
85
95
Percen
t at b
asic or ab
ove
Myth # 21: The reality
The law’s nonnegotiable expectations
Access to general curriculum
Attainment of standards applicable to all
children
Authority: 20 U.S.C. § 1401(c)(4).
Myth # 22
Each child learns
differently.
Myth # 22: The reality
There are certain rules that apply to all children. Start there.Authority: Heward, “Ten Faulty Notions…,” 36 J. Spec. Educ. 186 (2003)
Myth # 22
Myth # 23
Senior Year Plus programs are not for children with disabilities.
Myth # 23: The reality
Proficiency? Yes, but…Alternative means of demonstrating
Access to program options
FAPEAuthority: Iowa Code § 261E.3, Iowa Admin. Code r. 281—41.110
Myth # 24
Response to Intervention (RTI)
is special education.
Myth # 24: The reality
RTI is effective education.
RTI is not limited to special education.
Authority: 34 C.F.R. § 300.307; see alsohttp://www2.ed.gov/programs/titleiparta/rti.html
Myth # 25
We really don’t know what to do about racially disproportionate placement in special education.
Myth # 25: The reality
We know what to do. We just don’t do it.
Universal screeningEarly intervention
Authority: National Research Council, Minority Students in Special and Gifted Education (Suzanne Donovan & Christopher T. Cross, eds. 2002)
Myth # 26
The special educator’s most important task is to give students self-esteem.
Myth # 26: The reality
The special educator’s most important task is to give students a FAPE.Authority: Heward, “Ten Faulty Notions…,” 36 J. Spec. Educ. 186 (2003)
Myth # 27
We don’t do general
education interventions
any more.
Myth # 27: The reality
General education interventions are still part of Iowa’s rules.
General education intervention rules now provide that general education is primarily responsible for general education interventions.
Authority: Iowa Admin. Code rr. 281—41.111, 41.312.
Myth # 28
I won’t give a kid with an IEP any grade higher than a ‘C+’ because that just wouldn’t be fair.
Myth # 28: The reality
Modified course expectations and content?Modified grade okay.Accommodations?
Modified grade not okay.Blanket rule on grading kids with IEPs?
Intentional disability discriminationAuthority: 29 U.S.C. § 794
Myth # 29
Oh, no. We won’t pay for that. That is just way too expensive.
Myth # 29
Not necessary for FAPE?No need to pay.
Necessary for FAPE?Need to pay.
Two options for FAPE?Can consider cost.
Authority: 20 U.S.C. § 1401(9)
Myth # 30
All this compliance [garbage] is getting in the way of improving student performance.
Myth # 30: The reality
Compliance is the road to improved performance. Each compliance “issue” has a demonstrable link to achievement.
Authority: 20 U.S.C. § 1415(f)(3)(E)(ii).
Myth # 30
Questions?Comments?
Insults?
“30 Myths in 30 Minutes”
Thank you for your attention!
Thomas A. MayesLegal Consultant
Iowa Department of Education515-242-5614