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Principal Leadership for Special Education Untangling IDEA, Section 504, and NCLB
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Why should principals be concerned about special education? Autism Autism Spectrum Disorders Asperger’s Syndrome Pervasive 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? Autism 1 in 110 (82????) children 1 in 70 boys More children that those diagnosed with childhood cancer, juvenile diabetes, and pediatric AIDS combined * Source: autismspeaks.org
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Why should principals be concerned about special education? Disability Harassment— violates Section 504 Consequences for harassing behavior may trigger MDR, BIP, IAES Bullying Cyber-bullying Sexual Harrassment Workplace Bullying Bullying—a widespread proproblem. The incidence of bullying is increasing. Students with learning disabilities are more likely to be bullied (ldonline)ldonline Students with ADHD are more likely to be bullied and more likely to bully (Fleeker, MSNBC)FleekerMSNBC Students whose appearance is different are more likely to be bullied (PACER)PACER
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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)(2006 Annual Report to Congress) How do disability, discipline, and diversity interact? Disproportionality Differential Treatment Disparate 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)
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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!
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Section 504 Students with disabilities are PROTECTED FROM DISCRIMINATION on the basis of their disabilities. Access to school facilities and programs Instructional and assessment accommodations No funds are generated to support school programs. Enforced by the Office of Civil Rights
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Individuals With Disabilities Education Act (IDEA) Free Appropriate Public Education Least Restrictive Environment Due Process Procedures Identification and Referral Procedures Multi-factored Assessment Individualized Education Program
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IDEA Students are evaluated to determine ELIGIBILITY for special education and related services. Access to the general education curriculum and classroom Participation in statewide assessments Students with disabilities generate (limited) federal and state funding.
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FAPE Free Appropriate Public Education
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Disability Categories To 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
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No Child Left Behind (2002) High Standards Curriculum Statewide Assessments Highly Qualified Teachers Adequate Yearly Progress Accountability for Student Performance
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NCLB/IDEA Expectations All 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
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NCLB/IDEA Expectations High Standards Curriculum Instruction in the General Education Classroom Participation in Statewide Assessments Proficiency High School Graduation Post-secondary Participation Employment
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IDEA/NCLB Expectations Students with Sensory Disabilities Hearing Impaired Visually Impaired Orthopedically Impaired Students with Significant Disabilities Traumatic Brain Injury Moderate to Severe Intellectual Disabilities Multiple Disabilities Deaf-Blind Students with Academic Disabilities Specific Learning Disabilities Speech-Impairment Behavior-Emotional Disabilities Other Health Impairment Autism Spectrum Disorder Mild Intellectual Disabilities
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General Legal Principles from IDEA, 504, and NCLB Appropriate education Access to the general education curriculum Accommodations that provide access to curriculum, instruction, and assessment Accountability for student performance Parent involvement in decision making
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Educational Principles from IDEA, 504, and NCLB Focus on ALL students Accountability for PERFORMANCE Individualization Differentiation and high standards Disaggregation of performance data Parental engagement
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