Alabama State Department of Education, Special Education Services LEE v. MACON AWARENESS TRAINING Alabama State Department of Education, Special Education Services

Montgomery Advertiser In memory of Mr. Detroit Lee 1917 _ 2001 Montgomery Advertiser Alabama State Department of Education, Special Education Services

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 Alabama State Department of Education, Special Education Services

Alabama State Department of Education, Special Education Services A Message From the Governor PICTURE “ 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 Alabama State Department of Education, Special Education Services

Alabama State Department of Education, Special Education Services A Message From the State Superintendent of Education PICTURE “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 Alabama State Department of Education, Special Education Services

Implementation of the Lee v. Macon Consent Decree Redefined eligibility criteria: Specific Learning Disabilities (SLD) Mental Retardation (MR) Emotional Disturbance (ED) Gifted Alabama State Department of Education, Special Education Services

Alabama Desegregation Timeline Brown v. Board of Education 1954 Alabama law allowed schools to close if threatened with integration 1956 Lee v. Macon Consent Decree signed in the area of special education 2000 1997 The courts ordered all parties to move toward unitary status 1963 Original Lee v. Macon suit filed in Macon County to desegregate schools School districts throughout the state joined original Lee v. Macon suit 1964 Alabama district courts ordered schools to move toward unitary status 1977 Federal Civil Rights Act 1964 District court orders approved desegregation plans throughout Alabama 1970 1967 Alabama public schools remained overwhelmingly segregated Alabama State Department of Education, Special Education Services

Alabama Desegregation Timeline 1954 Brown v. Board of Education 1956 Alabama law allowed schools to close if threatened with integration Facilitator Southeastern Equity Center Alabama State Department of Education, Special Education Services

Alabama Desegregation Timeline (continued) 1963 Lee v. Macon, plaintiffs filed (August) original suit to desegregate schools in Macon County 1964 Lee v. Macon, joined school districts throughout the state to the original case Southeastern Equity Center Alabama State Department of Education, Special Education Services

Alabama Desegregation Timeline (continued) 1964 Federal Civil Rights Act 1967 Lee v. Macon, Alabama public schools remain overwhelmingly segregated Southeastern Equity Center Alabama State Department of Education, Special Education Services

Alabama Desegregation Timeline (continued) 1970 District court orders approved desegregation plans throughout Alabama 1977 Alabama district courts ordered schools to move toward unitary status Southeastern Equity Center Alabama State Department of Education, Special Education Services

Alabama Desegregation Timeline (continued) 1997 The courts ordered all parties to move toward unitary status Southeastern Equity Center Alabama State Department of Education, Special Education Services

Alabama State Department of Education, Special Education Services 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 Alabama State Department of Education, Special Education Services

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? Alabama State Department of Education, Special Education Services

Alabama Desegregation Timeline (continued) 2000 Lee v. Macon Consent (August 25) Decree signed in the area of special education Alabama State Department of Education, Special Education Services

Green v. New Kent County (1968) The “Green” Factors Student Assignment Faculty and Staff Assignment Transportation Extracurricular Activities Facilities Alabama State Department of Education, Special Education Services

Alabama State Department of Education, Special Education Services 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 Alabama State Department of Education, Special Education Services

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 Alabama State Department of Education, Special Education Services

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 Alabama State Department of Education, Special Education Services

Alabama State Department of Education, Special Education Services Office for Civil Rights and Office 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 Alabama State Department of Education, Special Education Services

Alabama State Department of Education, Special Education Services “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. Alabama State Department of Education, Special Education Services

Alabama State Department of Education, Special Education Services

How and Why Special Education Evolved Nationally 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 (Friend and Bursuck, 1999) Alabama State Department of Education, Special Education Services

How and Why Special Education Evolved Nationally (continued) In the ’40s and ’50s: Nonacademic classrooms were put in place to serve children with disabilities Alabama State Department of Education, Special Education Services

How and Why Special Education Evolved Nationally (continued) By the mid-’50s and early ’60s: Studies began to show that the needs of students with disabilities were not being met Alabama State Department of Education, Special Education Services

How and Why Special Education Evolved Nationally (continued) In the ’50s and ’60s: The Civil Rights Movement Brown v. Board of Education (1954) Alabama State Department of Education, Special Education Services

How and Why Special Education Evolved Nationally (continued) Section 504 of the Rehabilitation Act of 1973: Provided for equal opportunity concerning participation in the full range of school activities for disabled students Alabama State Department of Education, Special Education Services

How and Why Special Education Evolved Nationally (continued) 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) Alabama State Department of Education, Special Education Services

How and Why Special Education Evolved Nationally (continued) In 1975, P. L. 94-142, the Education for All Handicapped Children Act, provided (continued): Nondiscriminatory Evaluation Due Process Child Find Alabama State Department of Education, Special Education Services

How and Why Special Education Evolved Nationally (continued) 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 Alabama State Department of Education, Special Education Services

How and Why Special Education Evolved Nationally (continued) 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 Alabama State Department of Education, Special Education Services

Influences on Special Education Practices Civil Rights Laws Education Laws Classroom Parent & Professional Advocacy Groups Court Cases Research Friend and Bursuck, 1999 Alabama State Department of Education, Special Education Services

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 Alabama State Department of Education, Special Education Services

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. Alabama State Department of Education, Special Education Services

Alabama State Department of Education, Special Education Services Purpose and Significance of Appropriate Placement in Special Education (continued) There is a greater likelihood of: Attaining skills and knowledge Meeting those challenging expectations Being prepared for adult life (Friend and Bursuck, 1999) Alabama State Department of Education, Special Education Services

Alabama State Department of Education, Special Education Services 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. Alabama State Department of Education, Special Education Services

Alabama State Department of Education, Special Education Services 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, Sims Glennon Losen Alabama State Department of Education, Special Education Services

Alabama State Department of Education, Special Education Services The Problem Overrepresentation of minority students in: Mental retardation programs Emotional disturbance programs Underrepresentation of minority students in: Specific learning disabilities programs Gifted programs Alabama State Department of Education, Special Education Services

Alabama State Department of Education, Special Education Services Reasons for Overrepresentation/ Underrepresentation in Special Education Programs Unlevel Playing Field Resources Teacher Effectiveness Prereferral/Referral Assessment Procedures Involvement of Family Alabama State Department of Education, Special Education Services

Students in Poor School Districts Lack Reading Resources 59% 60% Percent of Teachers Lacking Resources 33% 33% 28% 25% 16% 10% 0% 1-4% 5-9% 10-19% 20-29% 30% + Percent of Students Who Are Poor Source: Educational Testing Service. Teacher Questionnaire from the 1988 NAEP Reading Assessment, Grade 4, unpublished. 1999 by The Education Trust, Inc. Alabama State Department of Education, Special Education Services

Students in Poor School Districts Lack Math Resources 15% 48% 44% 10% 50% Advantaged Urban Disadvantaged Urban Extreme Rural Lacking Math Resources Percent of Teachers 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. Alabama State Department of Education, Special Education Services

Alabama State Department of Education, Special Education Services 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. 28 14 19 16 18 31 20 40 10% 50% Math Science English Social Studies <20% Free Lunch >49% Free Lunch Alabama State Department of Education, Special Education Services

Alabama State Department of Education, Special Education Services Math and Science Classes with a High Percentage of Minority Students are More Often Taught by Underqualified Teachers 90% 86% 69% 54% 42% 30% 90-100% Non-White 90-100% White Certified 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. Alabama State Department of Education, Special Education Services

Alabama State Department of Education, Special Education Services Reasons for Overrepresentation/ Underrepresentation in Special Education Programs (continued) Limited training in: The prereferral/referral processes Assessment procedures Alabama State Department of Education, Special Education Services

Limited Involvement of Culturally/Linguistically Diverse Families Reasons for Overrepresentation/ Underrepresentation in Special Education Programs (continued) Limited Involvement of Culturally/Linguistically Diverse Families Alabama State Department of Education, Special Education Services

Alabama State Department of Education, Special Education Services M3 Equals Misidentification Misassessment Misplacement Alabama State Department of Education, Special Education Services

19th Annual Report to Congress (1997) Identified problems associated with inappropriate classification and placement: Denied access Separate programs Stigma Alabama State Department of Education, Special Education Services

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. Alabama State Department of Education, Special Education Services

EMOTIONAL DISTURBANCE Specific Learning Disabilities MENTAL RETARDATION Emotional Disturbance Mental Retardation SPECIFIC LEARNING DISABILITIES Alabama State Department of Education, Special Education Services

Disability Characteristics AGGRESSIVE SLOW LEARNER HYPERACTIVE IRRESPONSIBLE UNMOTIVATED Disability Characteristics IMPULSIVE WITHDRAWN DEFIANT Alabama State Department of Education, Special Education Services

Characteristics of Mental Retardation Difficulty in: Focusing attention Remembering information Regulating one’s own behavior Mastering academic tasks Making friends Harris, Alabama State University Alabama State Department of Education, Special Education Services

Characteristics of Mental Retardation (continued) Difficulty in: Performing life skills Appears unmotivated Below average intelligence Harris, Alabama State University Alabama State Department of Education, Special Education Services

Characteristics of Specific Learning Disabilities Difficulty in: Using language and symbols Perceiving Managing emotions and behavior Grill, Athens State University Alabama State Department of Education, Special Education Services

Characteristics of Specific Learning Disabilities (continued) Difficulty in: Talking: limited vocabulary; difficulty in formulating coherent, grammatical sentences Math: computation and reasoning/ problem solving Grill, Athens State University Alabama State Department of Education, Special Education Services

Characteristics of Specific Learning Disabilities (continued) Difficulty in using language and symbols: Reading: basic skills & comprehension Writing: penmanship and expressing ideas clearly Listening: hearing, but not understanding Grill, Athens State University Alabama State Department of Education, Special Education Services

Characteristics of Specific Learning Disabilities (continued) Difficulty in perceiving: Differences in voice tones Differences in facial expressions Body language Passage of time Verbal humor Personal space Grill, Athens State University Alabama State Department of Education, Special Education Services

Characteristics of Specific Learning Disabilities (continued) Difficulty in managing emotions and behavior: Controlling anger Making hasty decisions Interrupting (impulsive) Responding to rapid transitions (rigid) Organizing tasks Managing time and resources Grill, Athens State University Alabama State Department of Education, Special Education Services

Characteristics of Specific Learning Disabilities (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) Grill, Athens State University Alabama State Department of Education, Special Education Services

Characteristics of Specific Learning Disabilities Summary All students have some academic problems The most common academic problem is reading No one with SLD will evidence all types of problems. Grill, Athens State University Alabama State Department of Education, Special Education Services

Characteristics of Specific Learning Disabilities Summary (continued) All students will evidence some types of problems Persons with SLD exhibit these problems: To a greater extent than do “normal” individuals With greater adverse educational effects Grill, Athens State University Alabama State Department of Education, Special Education Services

Characteristics of Emotional Disturbance Learning problems may include: Poor academic survival skills Academic achievement below grade placement School demands attribute to at-risk behaviors Pearson, Troy State University NICHCY Alabama State Department of Education, Special Education Services

Characteristics of Emotional Disturbance (continued) 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 Pearson, Troy State University NICHCY Alabama State Department of Education, Special Education Services

Characteristics of Emotional Disturbance (continued) Withdrawn: Lacks social skills to make friends Uses retreat behavior Exhibits thought disorders Exhibits pervasive mood of unhappiness and/or depression Pearson, Troy State University NICHCY Morgan and Jenson Alabama State Department of Education, Special Education Services

Characteristics of Emotional Disturbance (continued) 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 Pearson, Troy State University NICHCY Alabama State Department of Education, Special Education Services

Characteristics of Emotional Disturbance (continued) 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 Pearson, Troy State University NICHCY Alabama State Department of Education, Special Education Services

Characteristics of Emotional Disturbance Summary Learning Problems Aggressive/non-compliant behavior Withdrawn Hyperactive Immature Hallahan and Kauffman Alabama State Department of Education, Special Education Services

Alabama State Department of Education, Special Education Services

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.” (Friend and Bursuck, 1999) Alabama State Department of Education, Special Education Services

Alabama State Department of Education, Special Education Services 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 Alabama State Department of Education, Special Education Services

Alabama State Department of Education, Special Education Services 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 Alabama State Department of Education, Special Education Services

Student Characteristics Motivation: Cooperative environments Family Relationship with authority figures Trust Grossman Friend and Bursuck Alabama State Department of Education, Special Education Services

Student Characteristics (continued) Spontaneous/Intuitive Reflective/Analytical Dependent Learners Global Perception Pace Stimulation Response Style Grossman Alabama State Department of Education, Special Education Services

Student Characteristics (continued) Impact on Test Results: How is the student tested? Who is testing the student? What is really being tested? Alabama State Department of Education, Special Education Services

Disability Characteristics IRRESPONSIBLE SLOW LEARNER AGGRESSIVE HYPERACTIVE UNMOTIVATED IMPULSIVE DEFIANT WITHDRAWN Alabama State Department of Education, Special Education Services

So What Does All This Mean? Student Characteristics AGGRESSIVE SLOW LEARNER HYPERACTIVE UNMOTIVATED IRRESPONSIBLE Student Characteristics IMPULSIVE DEFIANT WITHDRAWN Alabama State Department of Education, Special Education Services

Alabama State Department of Education, Special Education Services ? What Is The Connection Between Disability Characteristics And Student Characteristics? Alabama State Department of Education, Special Education Services

Alabama State Department of Education, Special Education Services 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 Alabama State Department of Education, Special Education Services

Alabama State Department of Education, Special Education Services Referral “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. Grossman, 1995 Alabama State Department of Education, Special Education Services

Alabama State Department of Education, Special Education Services Referral (continued) “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).” Grossman, 1995 Alabama State Department of Education, Special Education Services

What Can Be Done To Reduce Overrepresentation/ Underrepresentation General education classroom Family involvement Referrals Evaluations Services Monitor Alabama State Department of Education, Special Education Services

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 Alabama State Department of Education, Special Education Services

Alabama State Department of Education MISSION STATEMENT To provide a state system of education which is committed to academic excellence and which provides education to the highest quality to all Alabama students, preparing them for the 21st century. Alabama State Department of Education, Special Education Services

Special Education Services POLICY STATEMENT Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities. Alabama State Department of Education, Special Education Services

Alabama State Department of Education, Special Education Services 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 Alabama State Department of Education, Special Education Services

Alabama State Department of Education, Special Education Services 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, Special Education Services