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This guide is written for parents and teachers who would like to help students with disabilities become involved in developing their own Individualized Education Programs (IEPs). It is accompanied by an audiotape of teachers and parents discussing how they have helped students become active participants in the IEP process. NICHCY hopes that, together, the guide and the tape will answer many of your questions about involving students in planning their own education.
While the concept of involving students in developing their own IEPs may seem difficult at first, in fact, students have much to gain from being involved. During the process, they can:
This publication is accompanied by an audiocassette program designed especially for teachers and parents. The program features the experiences, suggestions, and observations of teachers and parents who have helped students with disabilities become involved in the IEP process.
While listening to the audio program is not essential to helping students become part of their IEP team, it's a fun program, both informational and motivational. To obtain a copy of the tape, contact NICHCY at the address and telephone number listed below. A script of the audio program is available on our Web site under Publications: Student Guides.
This technical assistance guide and its tape are designed to be used in conjunction with A Student's Guide to the IEP, a package that also consists of a student booklet and an audiotape. The Student Guide package is designed expressly to inform students about the IEP process and motivate them to become involved.
This technical assistance guide is organized into lesson plans to help teachers use the student materials in their classrooms. However, parents can easily adapt the lesson plans to use at home with their child with a disability. These lesson plans are based upon the experiences of Marcy McGahee, a special education resource teacher who has worked with her students with disabilities for many years to involve them in the IEP process.
The plans are written in general terms, to facilitate their adaptation to other classrooms and other instructors, including parents. No indication is given as to how much time to devote to any one part of the lessons---each reader must adapt the lessons to suit his or her own needs, schedule, and students. The lesson plans are written with the assumption that readers have a copy of the Student's Guide audiotape and booklet to use with their students.
Some tips from the "experience files" of Marcy McGahee:
According to the law, the Individuals with Disabilities Education Act, students of any age must be invited to participate in their own IEP meeting if a purpose of the meeting will be the consideration of transition services. By law, transition planning for students must begin at age 14 (or younger, if the IEP team determines it is appropriate). (See "Discuss Transition" below, for a more detailed description of what transition planning involves.)
If the student does not attend the IEP meeting, the school must take other steps to ensure that the student's preferences and interests are considered. Students have a lot to say about themselves, their strengths, their needs, their interests and preferences, and what they would like to do in the future. Just ask them!
This booklet is about giving students the tools to answer effectively.
1. Make sure that you have a copy of the Student's Guide audiotape for your students to listen to (for your convenience, the Student's Guide tape is on the reverse side of the tape for teachers and parents), as well as a copy of the Student's Guide booklet for each student. (Feel free to copy the booklet and tape; they both are copyright free.)
2. Photocopy each student's current IEP.
3. Read through each IEP and identify sensitive issues or areas where student questions are likely to arise. Pay special attention to "present levels of performance," diagnosis, medications taken, accommodations required, or any information that students may not be aware of or that may be sensitive. Many students are not aware of the goals that have been established for them. Be prepared to address these and any sensitive issue in a positive, discreet manner.
4. Inform parents that students will be involved in the IEP process. You can convey this information by listing it on the syllabus you hand out on back-to-school night, by sending a letter home, or by phone. Invite parents to ask any questions they have about their child's involvement in the IEP process. Suggest to your students that they also discuss the IEP process at home. Many parents may already have a copy of their child's current IEP. If not, sending a copy home to the student's parents may be useful.
5. Prepare any worksheets, handouts, or other materials you intend to use during your presentations about the IEP. Inform yourself (and the student's family) about the laws supporting the rights of individuals with disabilities. (See Appendix A for information about several important federal laws. Also see the Resources section of this guide.)
The lessons below carry with them no indication of how much time they will take, individually or collectively. Each numbered item tends to be a separate activity, to allow teachers and parents to break up the discussions across days and weeks.
It's important to be consistent and persistent. Begin the lessons early in the year. Once you begin, try to devote some time every day, every few days, or every week to these types of discussions and activities. Overall, the process will take time but it is tremendously worthwhile to take that time, moving slowly, taking one piece of the puzzle at a time, giving students plenty of opportunities to discuss, reflect, practice, review, and practice some more.
All items should be considered as suggestions. Each reader must adapt the lessons to suit his or her own needs and schedule and the capabilities and needs of students in the class.
1. Open the discussion.
Introduce the topic of learning to students. Spend some time talking with students about learning how they learn, what's easy for them to learn, what helps them learn, what's hard for them to learn, what they (or others) can do to help them learn what's difficult. Write their comments and observations down (without identifying specific students' learning techniques or difficulties) on a poster, overhead, or chalkboard. Look for similarities in learning approaches. Point out differences.
2. Find out what your students already know.
Administer a questionnaire similar to the one entitled "Student Worksheet" below, which is designed to (a) give you an idea of what students already know; and (b) lay the foundation for a discussion about disability and have students focus for a moment upon their disability. (Possible answers to this questionnaire are presented in Appendix B.)
Make sure students realize this isn't a test, just a way of gathering information and starting a discussion.
Possible adaptations:
Name: ________________________________
Date: ________________________________
Directions: Answer the following questions to the best of your knowledge.
3. Give students a positive look at what's ahead.
After the questionnaire, it may be a good idea to tell students why the class has been talking about learning and why you asked them questions about something called an IEP. Some suggestions:
4. Talk about disabilities.
Refer the class back to the item about disability on the questionnaire. Discuss, as a class, what disabilities are, the range of disabilities in the class and in the world in general, and some of the differences between disabilities. Ask students what's hard for them because of their disability, and what types of special help they find useful. Be sure to contrast this with references to their strengths and what they find easy. For example, "So you have trouble writing, which makes taking notes hard, but you sure listen well and you remember what you hear."
5. Show a film or video about disabilities.
Consider showing a film/video about disabilities to your students. Preview the film/video first and make sure that the content is appropriate for and won't be insulting to your students. For example, don't select a film/video about young children with disabilities; identify one that is age-appropriate. (The ERIC Clearinghouse on Disabilities and Gifted Education has a database on available videos. You can contact the ERIC Clearinghouse at 1- 800-328-0272.)
6. Tell students briefly about the laws.
Present information to students about the "Laws" (see Appendix A for a summary of the laws you may wish to mention) and their rights under these laws.
If you require students to make presentations in your class, this presentation on the laws is a good opportunity to model for them what you want in a presentation. For example, Ms. McGahee requires that student presentations have four components, and so her presentation on the laws incorporates the four components, which are:
(a) a keyword poster, where the student who is presenting writes down the keywords (not sentences) associated with the presentation; this helps students remember the information they are presenting and helps their listeners to take notes;
(b) a visual to support the presentation;
(c) note-taking listeners must take notes on the presentation, usually tied to the keyword poster; and
(d) review after the presentation is finished.
(An example of these components, used in Ms. McGahee's presentation on the laws, is presented in Appendix C.)
7. Discuss accommodations.
Specifically discuss the concept of "accommodations" with the class. Refer students to the list of accommodations in their Student Guide booklets. Ask them what types of accommodations or special help are useful to them. You may be amazed at how simple--and astute--their answers are!
If you are working with students who are 14 years old--or younger, if the IEP team decides it is appropriate--you will want to introduce the importance of transition planning. Within a few years students will be leaving secondary school, and it will be highly useful for them to consider what lies ahead for them.
Beginning at age 14 (or younger, if appropriate), transition planning focuses on looking at a student's transition service needs. The IEP team, including the student, looks at what courses the student is taking and plans ahead for what coursework is needed to help the student prepare for his or her transition and other goals. This may include advanced-placement courses or a vocational education program.
At age 16 or younger, if the IEP team decides it is appropriate transition planning includes looking at a student's needed transition services. The IEP team, including the student, discusses and plans for such areas as the student's: integrated employment (including supported employment), postsecondary education (including vocational training or continuing and adult education), independent living, eligibility for various adult services (such as vocational rehabilitation), or community participation.
Your initial discussion with students about transition can be brief, just an introduction to the concept, with more indepth discussion taking place later, or it can extend across weeks.
This is a ripe area for class discussion and student activity, as well as being vitally important to helping students make the transition from school to postschool settings, so be sure that the class (and each individual student of transition age) eventually looks at transition in some depth. (See Resources section of this guide for materials designed to help educators and parents help students with transition planning.)
Some questions you might consider to get the discussion rolling:
What types of things can we do after we get out of school? (study more, get some kind of training, work, participate in the community)
What would you like to do after you leave high school?
Do you know how to do that?
What do you need to learn to get ready for doing that?
What are your hobbies?
Do you want to study more after high school?
What types of jobs interest you?
And so on...
9. Assign each student a "disability-related" question to be answered.
For review purposes, or for more indepth exploration of the ideas presented to date, give each student a question about a particular disability or a word to be defined and explained. Examples:
Words to be Defined
Questions to be Answered
Have each student look up the word assigned or find out the answer to the question assigned, then report the information to the class. Provide books to assist students in their research, such as books from a professional teacher's library or school library, their own books, or your own. Have students put the information they have discovered on posterboards, and display these boards around the classroom.
Possible adaptations: Of course, some students may not be able to do this activity without modification. If need be, adapt the basic idea of the lesson to the strengths and needs of your students. For example:
We've provided a "glossary of terms" at the end of this document. Many short fact sheets on disabilities are available from NICHCY as well. Visit our Web site: www.nichcy.org, or have your students visit, and download what you need.
Again, the lessons and activities described below are merely suggestions. They will be time- consuming but will form the basis for student understanding of the IEP process and involvement in designing their own IEPs. Adapt the lessons as necessary for the needs and capabilities of your students.
Get yourself and your students ready to look at an IEP.
1. Prepare an overhead transparency or handout showing the type of IEP form your school or district uses. The IEP should be blank, waiting to be filled in. Also prepare an overhead or handout of a sample letter that the school might send home to parents to inform them (a) of the school's intention to evaluate the student, and/or (b) of an upcoming IEP meeting that has been scheduled. You will use these two items later on in this section.
2. Remind students that one of the class' long-term goals is to have them become more involved in their education namely, helping to develop their own IEPs. Hand out the Student's Guide tape and booklets.
3. Talk briefly with the class about the IEP process, from the letter sent home to parents to the IEP meeting. Indicate the seriousness of the process, that it is required by law. You can use pages 4-5 in the Student's Guide to organize this discussion or assign them as reading homework or seatwork. (If you've downloaded the text-only version of the Student's Guide, which will not have page numbers, we're talking about "Part A. What is an IEP?")
4. Play the Student's Guide tape for the class and discuss the information presented there. To prompt students, you might ask them questions such as:
What's an IEP?
What are some benefits of students getting involved in their IEPs?
Do you want to get involved in saying what's in your IEP?
How do you think this would help you?
What would you want to say, if you were involved in your own IEP meeting?
What do you want your teachers to know about you? Your friends?
Are there parts of your education or school work you'd change? Why?
Do you think you'd need to talk about this more, to be able to participate?
Show an IEP.
5. Using your overhead or handout of a blank IEP, go over what an IEP is, what
it looks like, what the various sections are. This activity can be fairly brief,
and should be for the purposes of giving students a brief introduction to an
IEP form. Refer students to page 6 in their Student's Guide booklet,
or write this information on a poster to support your discussion. (If you've
downloaded the text- only version of the Student Guide, which will not
have page numbers, we are referring to the box entitled "Sections of the IEP.")
6. Go over the IEP sections one by one, talking generally about what type of information is to be included in that section. The most important sections to concentrate on, particularly in the beginning, are the parts of the IEP that describe the nature of the student's disability, "present levels of performance," and "annual goals." Suggestions:
There are several sections of the IEP where the emphasis on student involvement in the general curriculum can be readily seen (e.g., present levels of educational performance, goals and objectives/benchmarks, special education and related services). Talk about the kinds of subjects that students learn in school. In the IEP sample that you are using to talk about the various sections of the IEP, highlight words and phrases that relate to the student's involvement in the general curriculum and how school staff intend to help the student take part in regular classes and activities in the school.
Have students look at their own IEPs.
Before proceeding with this section, consider privacy issues, as described in the box below.
When it comes time for students to look at their own IEPs, you have to consider carefully the privacy issue and the contents of each student's IEP. There may be information in the IEP that may embarrass or surprise the student, and certainly it is his or her right to have all information in the IEP remain private.
The experience of several teachers who have involved their students in the IEP process suggests that, the first time you have students look at their IEPs, students do not tend to share the information with others, and other students do not tend to "nose into" their classmates' IEPs. Each student tends to be absorbed in looking at his or her own document. As the class discusses the IEP---in general, not in regard to any specific student in the class---personal information may be gradually shared. Trust builds as all students become involved in the process. Yet, this activity must be handled in such a way that no student's privacy is invaded by others.
Suggestions for maintaining privacy and respecting each other's feelings:
7. Give each student a copy of his or her own IEP.
8. Put your copy of the blank IEP from the previous lesson up on the overhead. Using the blank copy as a guide, go over the various sections briefly.
Important! The most crucial aspect of this initial introduction to the IEP is not to have students understand all of the details of their own IEP. Rather, the purpose of this introduction is to have students understand the overall: to see what the various sections of the IEP are, to understand that they have an IEP, to realize that, up to this point, they have not been involved in developing that IEP, but that they can be involved; and to realize how important their help is in developing their IEP. Don't get bogged down in the details at this point. All students will eventually sit with you, one-on-one, and go through their IEP in detail. This level of effort is not necessary in this initial introduction.
Suggestions:
9. Let students ask questions about the content of their IEP. Some suggestions and observations:
10. After you have examined the IEP form and process with students, and they have had the opportunity to reflect generally upon the goals, objectives, and other information listed in the IEP, put the IEPs aside, either collecting them or sending them home for students to discuss with their parents. Briefly discuss how students feel about their IEP, the process by which it is developed, and the prospect of their being involved in saying what goes into the document.
11. You may wish to play the Student Tape for them again, for its motivational impact. Review the experiences of the students on the tape and solicit your students' impressions and ideas.
Generally speaking, having a student work on writing his or her IEP for the coming year requires a combination of:
Work throughout the year on the various sections of the IEP, taking each one individually and slowly, following a process such as:
As time for a student's IEP meeting draws near, you may need to intensify individual efforts with that student, meeting one-on-one with him or her to work through the various sections and prepare a draft IEP to discuss at the meeting. These individual meetings, and the work the student produces as a result, will be significantly enhanced if they have been preceded by class review and discussion of the IEP throughout the year. In fact, some of the work may already have been done! You may find that these individual meetings are a terrific way of reviewing and re-emphasizing the IEP contents, student strengths and needs, and his or her preferences.
Here are some suggestions for organizing this individual work.
1. Make an appointment with the student whose IEP is in need of review. You can arrange to meet with the student during class, during lunch, or after school.
2. If the student can work independently, have him or her complete activities 1-4 under "Writing Your Own IEP" in the Student's Guide booklet. If the student needs support in these steps, then sit with him or her and go over the IEP.
3. Have the student work on a "strength" and "weakness" (need) sheet for each class (Activity 5 in the Student's Guide section "Writing the IEP"). Encourage the student to cover this area as completely as possible, so that the other IEP participants do not catch them offguard during the IEP meeting. When students are the first to mention an area of weakness--for example, a student might say that he or she is disruptive in a particular class--their credibility in the IEP meeting is increased. Also help the student to produce a balanced list of strengths and needs; don't just have an enormous list of needs, with only a few strengths or abilities to offset it!
4. Focus next on helping the student to describe his or her disability. Is there a term for the disability (i.e., learning disability, mental retardation, visual impairment)? In practical terms, what does this disability mean? (For example, the disability means it's hard for the student to learn new material, or see very well, or get from place to place, or participate in certain kinds of activities...) Be sure to incorporate mention of the student's strengths into this discussion of disability.
5. Move on to annual goals and objectives/benchmarks. Did the student achieve the goals that are listed? Have the student list those goals that were achieved and those that were not. What changes need to be made in the IEP, to account for student growth and continuing or new needs? To help the student avoid listing too many goals and objectives/benchmarks that make up the goals, ask which five (or ten) goals and smaller objectives/benchmarks he or she feels are most important to work on? Are these realistic? Achievable?
6. The student may find it extremely helpful and productive to make an appointment with each of his or her teachers, in order to identify and discuss goals and objectives appropriate for each class, as well as student strengths, needs, and reasonable accommodations in each class (Activities 6 and 7). Talking with therapists or other school personnel may also be helpful.
7. Many students will be able to contribute information regarding their "present levels of performance." Most should be able to describe their disability and what accommodations are needed in school. They may want to talk about their work in the general curriculum and areas of strength and need in studying the same things that nondisabled students study. Help each student to put these descriptions into acceptable language, but be aware that, in the IEP meeting, the student will often use his or her own words.
8. As appropriate, address accommodations with the student (see Activity 9 in the Student's Guide) and transition planning (see Activity 10). Transition planning is an area that is ripe for both class discussion and individual reflection. What plans does the student have for the future? What would he or she like to do or be? What types of training or experience does he or she need in order to prepare? How can the school help?
9. Work with the student to prepare a draft of the new IEP, incorporating the changes, the student's work in the general curriculum, the areas of need, and the accommodations suggested. Be sure to pay attention to the "evaluation" section of the IEP, too. This section is where the IEP team identifies how they will determine if the student has reached a goal or objective. Officially, this is called "evaluation criteria" and should include:
10. Have the student take the draft IEP home to share with his or her parents and to gather their input. Parents may have prepared their own draft, so that the family, together, can discuss and develop a draft IEP that reflects both parental and student thinking. In any event, a final draft IEP needs to be prepared to take to the IEP meeting (Activity 11).
11. Have the student send invitations to all the individuals who will be involved in the IEP meeting. An invitation might look something like this:
Please come to my IEP meeting and share your ideas.
Date: Wednesday, October 23rd
Time: 2:30 p.m.
Place: Meeting Room 4
Signed,
(Student's name)
p.s. If you cannot attend this meeting, please let me know when we can meet to talk about my IEP. Thank you.
1. Have each student practice his or her presentation for the upcoming IEP meeting. Most students will benefit from numerous opportunities to rehearse! Students can practice at home with their family and with each other, if several have meetings in the near future.
Here are some suggestions for student practice.
Students may find it particularly helpful to see you model how to respond when other IEP participants want to add or delete goals or objectives. Students should understand that it is appropriate for them to either disagree or agree with the proposed change, and to say why they feel that way. However, this may be difficult for many students, particularly if they are caught by surprise. You may wish to model making a response such as: "I would like to think about that suggestion. If we need to add it to the IEP, let's do it later."
Another situation for which students should be prepared is the possibility that another participant may say something negative that hurts or angers them. For example, a teacher might remark that "You have a chip on your shoulder" or "You never cooperate in class." Discuss with your students what types of responses might be appropriate. Model (and have students practice) appropriate responses such as "What suggestions do you have?"
2. Have the student work on maintaining eye contact with those listening, as well as volume and speed of delivery. It may be useful to establish some "cues" that you, or another participant, can use to remind the student if he or she is getting off track (e.g., not keeping track of the time, not maintaining eye contact, or speaking too loudly or softly). Practice these cues with the student.
3. If appropriate, have the student send out reminders to IEP participants a week before the meeting (in the Student's Guide an example of such a reminder is presented under Activity 5 of "Getting Ready for the IEP meeting").
4. Suggest to the other participants, before the meeting, that they not interrupt the student in the middle of his or her presentation. Discussion of issues can wait until the student has finished presenting.
1. All the hard work that the student (and you!) have done has come to this moment! Hopefully, all preparations, discussions, roleplays, and classwork will bear fruit in this meeting, as the student shares his or her ideas about what the IEP should contain.
2. The student may wish to greet all participants attending the IEP meeting, making sure that those who do not know one another are introduced. He or she should also make sure that all participants receive a copy of the draft IEP that he or she has prepared for discussion.
3. When the time is appropriate, the student will share his or her ideas with the rest of the IEP team. Depending upon his or her capabilities and degree of preparation, this sharing may range from describing his or her disability in a few sentences to actually leading the meeting. Whatever the level of participation, it's important that the student be able to share his or her ideas freely, without interruption. Hopefully, you have roleplayed in class what the student will say, and this part will go smoothly.
4. As mentioned above, there may be times when another participant says something that hurts or angers the student; describes the student in largely negative, nonconstructive terms; or proposes changes or alterations to the IEP that surprise the student. Any prior roleplaying you have done within your class may help the student respond appropriately in these situations. (Depending upon the level of the student's participation, and his or her ability to advocate, you may need to be the one who responds.) As necessary, help the student focus the discussion on positive steps that he or she can take, not on a recounting of his or her transgressions.
Note: One of the reasons for having students spend time developing a "Strength" and "Need" sheet is to circumvent the likelihood that an IEP team member will make such negative statements. If the student has already pointed out in his or her presentation that one of his or her "weaknesses" is not doing the homework, or not participating fully in class, then this reduces the need for others to do so.
5. At the end of the meeting, the student should thank everyone for their active part in planning his or her school program.
1. Praise the student. Regardless of mistakes, he or she has accomplished much today and needs to be told so.
2. Have the student tell the class what happened in the IEP meeting.
3. Monitor the goals and objectives throughout the year and encourage the student to be aware of and monitor progress as well. Are the goals being addressed? Is the student working toward achieving them? How is he or she progressing in the general curriculum? Does the team need to come together again and change anything about the IEP? Goals? Classroom placement? Services being received? Have the student call another IEP meeting, if necessary. And be sure to prepare for that one, too!
4. And, as was said in the beginning of this guide, celebrate each student's growth! And celebrate your part in that growth!
Also known as the Education of the Handicapped Act, or EHA. Passed in 1975. Has since been amended several times, including the 1990 amendment which changed its name to the Individuals with Disabilities Education Act (IDEA). Provides federal funding to assist schools in educating students with disabilities.
The EHA (now IDEA) has many requirements. Among them:
An amendment to the EHA (described at the left), passed in 1997. An earlier amendment (P.L. 101-476) changed the law's name to Individuals with Disabilities Education Act, or IDEA. The requirements listed for EHA remain intact under IDEA, and the following items have been added:
A civil rights law prohibiting discrimination against persons with disabilities. Section 504 of the Act prohibits schools from excluding students with disabilities from participating in programs receiving federal funding, simply because they have a disability. Important facts about Section 504:
These are possible, somewhat simplified answers that students might give or that you might offer. Please refer to the glossary for the more formal definitions of words such as disability, accommodation, and IEP.
1. A disability is...
a limitation
an area where you're challenged
something that makes it hard for you to (learn, walk, talk, see, hear...)
2. (individual response, based on student's situation and knowledge)
3. the Individuals with Disabilities Education Act (IDEA) (formerly the Education of the Handicapped Act, EHA, or 94-142)
4. Accommodation is...
when people make changes that will help you participate in activities
changes in the way things are done, so you can learn better
5. (individual response, based on student's situation and knowledge)
6. An IEP is...
a document that describes your educational plan
an Individualized Education Program (or Plan)
the papers that tell what you'll be studying this year
7. (individual response, probably "Yes")
8. (individual response, based on student)
Using the presentation on the laws as an example, the four components of Ms. McGahee's presentation look something like this:
Keyword Poster:
94-142:
Education of the Handicapped Act (EHA)
signed in 1975
legal document
free appropriate public education (FAPE)
IEP once a year
105-17:
Individuals with Disabilities Education Act (IDEA)
amendment (change) passed in 1997
transition planning
93-112:
Rehab Act, Section 504
accommodations
examples:
books-on-tape
more time on tests
notetaker
The presentation follows the order of information on the keyword poster. If students are having difficulty understanding the material, they are permitted to stop her and request that information be repeated or said in a different way. She weaves stories of personal experience into the presentation the types of disabilities that previous students have had and what types of accommodations they received to support their learning.
Visual: Ms. McGahee uses a copy of the Congressional Report on the different laws the Americans with Disabilities Act, the Rehabilitation Act of 1973, the EHA, and the IDEA. This visual shows students concretely that these laws exist and are quite official. (See note below about obtaining a copy of the Congressional Report.)
Note-taking: Students take notes on her presentation, using the keyword poster as a starting point for their notes. (Some students may need accommodations or adaptations in notetaking, such as using another student's notes, using a tape recorder, adding words to a survival or reading word list, or using a computer.) The class goes over the notes they have taken, as part of a feedback loop about the note-taking process.
Review: After the presentation on the laws is finished (it takes about 25-30 minutes), students are permitted to ask questions. The keyword poster is removed, and then Ms. McGahee asks the students questions about the laws; students use their notes and their memory to answer. Students are also permitted to share their notes, if this type of accommodation is appropriate for their learning needs.
The fastest way to get copies of the laws is via the Internet. There are many Web sites that offer online copies of regulations for IDEA and the Rehabilitation Act. For IDEA, try visiting: www.ideapractices.org/idealaw.htm.
For Section 504 of the Rehabilitation Act, visit: www.reedmartin.com/specialeducationresources.html.
Copies of federal laws and regulations are also available from Superintendent of Documents, Attention: New Orders, P.O. Box 371954, Pittsburgh, PA 15250-7954. Charge orders may be telephoned to the U.S. Government Printing Office at (202) 512-1800. You need to be very specific about which laws you would like. For a copy of the IDEA, ask for 34 CFR Parts 300-399. (This law replaces the Education of the Handicapped Act (EHA), so you need not request a copy of the EHA.) For a copy of Section 504, ask for: 34 CFR Parts 100 to 106. Section 504, as it applies to schools, is Part 104.
Copies of federal laws, as well as of the Congressional Report, may also be available from your Congressman. (The Congressional Report describes and summarizes laws in more everyday terms.) Write or call your Congressman and say you want the Congressional Report on a particular law (e.g., the IDEA) or a copy of the law itself or its implementing regulations.
The following definitions have been compiled from a variety of sources. The contents of this glossary do not necessarily represent definitions endorsed by the U.S. Department of Education but, rather, represent how the terms are generally used in the special education and disabilities field. In cases where an exact definition (or other substantive discussion) exists within IDEA's regulations, we have cited its location within the Code of Federal Regulations (CFR) for Title 34.
Accommodation: something that meets a need; in special education, "reasonable accommodation" refers to how schools and teachers adapt, adjust, or change the physical environment, instruction or services for a student with a disability so that the presence of the student's disability does not unnecessarily affect his or her learning. The accommodations that are made are based upon the student's special needs. Examples of reasonable accommodation include allowing the student to take a test in a quiet area, use a tape recorder in class to take notes, use another student's notes, or use textbooks on tape. (See Question 4 in Appendix A of IDEA's regulations, published March 12, 1999, and available online at: www.ideapractices.org/idealaw.htm.)
Age of Majority: the age at which some states transfer certain rights to a young person, usually in young adulthood. The age is defined by the state. With respect to students with disabilities, if a state will transfer rights under IDEA (e.g., decision-making rights, procedural safeguard rights) to a student at age of majority, then at least one year before that time, the student's IEP must include a statement that the student has been informed of the rights under IDEA that will transfer to him or her. ("Age of majority" is addressed in IDEA's regulations at 34 CFR Section 300.347(c) and Section 300.517.)
Amendment: a change, revision, or addition made to a law.
Appropriate: able to meet a need; suitable or fitting; in special education, children with disabilities are entitled to a "free appropriate public education," commonly known as FAPE, which means that the schools provide the education (public) at no cost to the student or his/her family (free) and that the education meets the student's special needs (appropriate). (IDEA's definition of FAPE is found at 34 CFR Section 300.13.)
Auditory Memory: the ability to remember the main features of something heard, and/or to remember the sequence of several items heard.
Cognitive: a term that describes the process people use for remembering, reasoning, understanding, and using judgment; in special education terms, a cognitive disability refers to difficulty in learning.
Disability: the result of any physical or mental condition that limits or prevents one's ability to develop, achieve, and/or function in educational (or other) settings at a normal rate. (IDEA's definition of "child with a disability" is found at 34 CFR Section 300.7.)
Due Process: action that protects a person's rights; in special education, this applies to a set of legal steps taken to protect the educational rights of students with disabilities and carried out according to established rules. (Subpart E of IDEA addresses "due process procedures for parents and children" at 34 CFR Section 300.500 through Section 300.517.)
Dyslexia: a disturbance in a person's ability to read or learn to read. Dyslexia is considered a learning disability.
Education of the Handicapped Act (EHA): Public Law 94-142, passed in 1975, which mandated that schools provide children with disabilities with a free appropriate public education; among other things, this law specifies how students are to be assessed for the presence of a disability, how the Individualized Education Program (IEP) is to be developed collaboratively and reviewed at least once a year, and what educational rights children with disabilities and their parents have.
Educational Testing: the tests that schools give students to see how students are performing in various skill areas; the tests may be group-administered or individually-administered. Schools typically use group-administered tests to find out how large numbers of students are performing and to identify which students are having difficulties in school. Students who are performing below the level expected for an individual that age may be referred for further testing, to see if the student has a disability. If the student is being tested for the presence of a disability, then testing must be individualized.
EHA: see Education of the Handicapped Act, above.
Emotional Disturbance: a condition that, under Federal definition, has one or more of these characteristics over a long period of time: (a) an inability to learn that cannot be explained by intellectual, sensory, or health factors; (b) an inability to build or maintain satisfactory interpersonal relationships with peers and teachers; (c) behavior or feelings that are inappropriate under normal circumstances; (d) a general pervasive mood of unhappiness or depression; or (e) a tendency to develop physical symptoms or fears associated with personal or school problems. Having an emotional disturbance that adversely affects educational performance makes a student eligible for special education under the Individuals with Disabilities Education Act. [IDEA's definition is found at 34 CFR Section 300.7(c)(4).]
Evaluation: the procedures used to determine whether a child has a disability and the nature and extent of the special education and related services the child needs; also refers to the procedures used to determine a student's progress and whether he or she has achieved the goals and objectives/benchmarks listed in the IEP. [IDEA addresses evaluation of disability at 34 CFR Section 300.530 through Section 300.543. Evaluation of academic progress is addressed in IEP requirements at 34 CFR Section 300.347(a)(7).]
Free Appropriate Public Education: often referred to as FAPE; one of the key requirements of the Individuals with Disabilities Education Act, which requires that an education program be provided for all school-aged children, regardless of disability, without cost to families; the exact requirements of "appropriate" are not defined; what is appropriate is to be determined by the team that plans each student's IEP, based upon an individualized evaluation of the student's abilities and needs. (IDEA's definition of FAPE is found at 34 CFR Section 300.13.)
General Curriculum: the same curriculum as used for nondisabled children. [See IDEA's regulations at 34 CFR Section 300.347(a)(1)(i).]
Handicap: see disability.
Hearing Impairment: used to describe a wide range of hearing losses, which can be permanent or fluctuating; for a student to be eligible for special education, the hearing loss must affect his or her educational performance. [IDEA's definition is found at Section 300.7(c)(5).]
IDEA: see Individuals with Disabilities Education Act, below.
IEP: see Individualized Education Program, below.
Individualized Education Program (IEP): a written education plan for a child or youth with disabilities, developed by a team of professionals (teachers, therapists, etc.), the student's parents, and the student and others (as appropriate). The IEP is reviewed and, if necessary, revised yearly. Among other things, it describes how the student is presently doing, what the student's learning needs are, and what services the student will receive. [IDEA's regulations for IEPs are located at 34 CFR Section 300.340 through Section 300.350.]
Individuals with Disabilities Education Act (IDEA): a series of amendments to the Education of the Handicapped Act (EHA). Amendments passed in 1990 changed the name of the legislation from EHA to IDEA, maintained the requirements of EHA, and added (among other requirements) the requirement of transition services for students aged 16 or older (and, in many cases, younger). Most recent amendments to IDEA were passed in 1997, and transition requirements for students age 14 (or younger, if determined appropriate by the IEP team) were added.
Learning Disability: a disorder in one or more of the basic processes involved in understanding or in using spoken or written language; as a result of a learning disability, students may have an imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations. The term does not include learning problems that are primarily the result of visual, hearing, or motor disabilities; mental retardation; emotional disturbance; or environmental, cultural, or economic disadvantage. Typically, students with learning disabilities are eligible for special education and related services. [IDEA's definition is found at 34 CFR Section 300.7(c)(10).]
Least Restrictive Environment (LRE): an educational setting or program that provides a student with disabilities with the chance to be educated, to the maximum extent appropriate, with children who do not have disabilities. Under the IDEA's LRE provisions, special classes, separate schooling, or other removal of a child with disabilities from the regular educational environment may occur only if the nature or severity of the student's disability is such that his or her education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. (IDEA's general LRE requirements are found at Section 300.550.)
Mediation: an approach to resolving disputes where the two parties who are disagreeing sit down with an impartial third person (called a mediator), talk openly about the areas of conflict, and try to reach an agreement. (IDEA's mediation requirements are located at 34 CFR Section 300.506.)
Mental Retardation: a condition that causes individuals to function at an intellectual level that is significantly below average and to have difficulties with and deficits in adaptive behavior. Students with mental retardation that adversely affects their educational performance are eligible for special education and related services. [IDEA's definition is found at 34 CFR Section 300.7(c)(6).]
Placement: where the student will receive his or her special education and related services.
Public Law 93-112: see Rehabilitation Act of 1973, below.
Public Law 94-142: see Education of the Handicapped Act, above.
Public Law 101-476: amendment to the Individuals with Disabilities Education Act (IDEA), passed in 1990. See Individuals with Disabilities Education Act, above.
Public Law 105-17: the most recent amendment to the Individuals with Disabilities Education Act (IDEA), passed in 1997. See Individuals with Disabilities Education Act, above.
Reasonable Accommodation: see Accommodation, above.
Rehabilitation Act of 1973: a federal law that addresses discrimination against people with disabilities; the law has different sections pertaining to different areas of discrimination. Of particular importance to school-aged students with disabilities is Section 504, which protects such students from being excluded, solely on the basis of their disability, from participation in any program or activity receiving federal funds. The law also introduced the concept of "reasonable accommodation."
Related Services: transportation and developmental, corrective, and other supportive services that a student with disabilities requires in order to benefit from education. Related services include but are not limited to: speech/language pathology, audiology, psychological services, physical and occupational therapy, recreation (including therapeutic recreation), early identification and assessment of disabilities in children, counseling services (including rehabilitation counseling), orientation and mobility services, medical services for diagnostic or evaluation purposes, school health services, social work services in schools, and parent counseling and training. (IDEA's definition is found at Section 300.24.)
Screening: a procedure in which groups of children are examined and/or tested, in order to identify children who are at risk of educational or other problems; the children who are identified are then referred for more intensive evaluation and assessment.
Section 504: an important section of the Rehabilitation Act of 1973 prohibiting discrimination against persons with disabilities; see Rehabilitation Act of 1973, above.
Special Education: programs, services, or specially designed instruction (offered at no cost to families) for children over 3 years old with special needs who are found eligible for such services; these include special learning methods or materials in the regular classroom, and special classes and programs if the student's learning or physical problems indicate this type of program. [IDEA's definition is found at Section 300.26.]
Special Needs: often used in the phrase "a child with special needs," this term is used to describe a child who has disabilities or who is at risk of developing disabilities and who, therefore, requires special services or treatment in order to progress.
Transition Planning: in special education, when the IEP team looks at the student's transition from high school to the adult work. The process must begin at least by age 14 with the team looking at what courses the student is taking and what coursework is needed to prepare the student for post-school goals (this is called considering the student's transition service needs). The process also includes looking at the student's needed transition services, beginning no later than age 16, and planning for such areas as integrated employment, postsecondary education, independent living, eligibility for adult services, or community participation. The student must be invited to attend the IEP meeting if a purpose of the meeting will be consideration of transition planning. [IDEA's definition of transition services is found at Section 300.29. Its requirements for transition statements in the IEP is found at Section 300.347(b).]
Traumatic Brain Injury (TBI): an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability (or both) or psychosocial impairment that adversely affects how a student performs in school. This type of injury applies to open or closed head injuries that can result in impairments in one or more areas such as: cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, or motor abilities; psychosocial behavior; information processing; physical functions; and speech. The term does not apply to brain injuries that are congenital or those induced by birth trauma. Children with TBI are eligible for special education and related services. [IDEA's definition is found at Section 300.7(c)(12).]
A selection of resources is listed below to help readers locate more indepth information on the many issues raised in this technical assistance guide to Helping Students Develop Their IEPs. We have also provided contact information for the publishers from which you can obtain these resources. Be aware that there are also many other books, articles, and videotapes available on such subjects as the laws, student involvement in the IEP process, self- determination, and transition planning; the list below is intended to serve as a starting point.
Many states have projects in self-determination, transition planning, or student involvement in the IEP. To find out if any such project exists in your state, contact your local director of special education or your state director of special education. The National Center on Secondary Education and Transition also offers information on transition issues. Call the Center at (612) 624-2097, or visit its Web site at: http://ici.umn.edu/ncset.
Hanlon, G.M. (Producer). (1998). A new IDEA for special education: Understanding the system and the new law [video]. Baltimore, MD: Paul H. Brookes.
Küpper, L., & Gutiérrez, M. (Eds.). (2000). Questions and answers about IDEA. NICHCY News Digest, No. 21, 1-28. (Available online at: www.nichcy.org/pubs/newsdig/nd21.htm)
Mountain Plains Regional Resource Center. (n.d.). Section 504: Guidelines for educators. Logan, UT: Author.
Sorenson, B. (Compiler). (2000, July). Resources on special education laws (ERIC EC Minibib EB26 ). Arlington, VA: ERIC Clearinghouse on Disabilities and Gifted Education. (Available online at: http://ericec.org/minibibs/eb26.html)
Storms, J., O'Leary, E., & Williams, J. (2000). Transition requirements: A guide for states, districts, schools, universities and families. Eugene, OR: Western Regional Resource Center. (Available online at: http://interact.uoregon.edu/WRRC/trnfiles/trncontents.htm)
West, L., Corbey, S., Boyer-Stephens, A., Jones, B., Miller, R., & Sarkees-Wircenski, M. (1999). Integrating transition planning into the IEP process (2nd ed.). Reston, VA: Council for Exceptional Children.
Halpern, A.S., Herr, C.M., Doren, B., & Wolf, N.K. (2000). NEXT S.T.E.P.: Student transition and educational planning. Austin, TX: Pro-Ed. (Set includes a teacher's manual, 5 student workbooks, 50 brochures, an instructional videotape, and a copy of Teachers Talking to Teachers, all in a sturdy storage box.)
Hughes, C., & Carter, E.W. (2000). The transition handbook: Strategies high school teachers can use that work! Baltimore, MD: Paul H. Brookes.
Marshall, L.H., Martin, J.E., Hughes, W., Jerman, P., & Maxson, L. (1997). Choosing personal goals kit. Longmont, CO: Sopris West. (Kit includes teacher manual, blackline masters, 25 assessments, and a videotape.)
Marshall, L.H., Martin, J.E., Maxson, L., Hughes, W., Miller, T., McGill, T., & Jerman, P. (1996). Take Action kit: Making goals happen. Longmont, CO: Sopris West. (Kit includes teacher manual, blackline masters, 25 assessments, and a videotape.)
Martin, J.E., Hughes, W., Marshall, L.H., Jerman, P., & Maxson, L. (1997). Choosing education goals kit. Longmont, CO: Sopris West. (Kit includes teacher manual, blackline masters, 25 assessments, and a videotape.)
Martin, J.E., Marshall, L.H., Maxson, L, & Jerman, P. (1996). Self-directed IEP kit. Longmont, CO: Sopris West. (Kit includes teacher's manual, 25 assessments, 25 student workbooks, and 2 videos.)
Powers, L., Ellison, R., Matuszewski, J., Wilson, R., & Turner, A. (1998). Take charge kit. Available online at: http://cdrc.ohsu.edu/selfdetermination/products2.html. (Includes student guide, student workbook, parent manual, class guide, and video.)
Rehabilitation Research and Training Center on Workplace Supports, Virginia Commonwealth University. (2000). Whose life is it anyway? A look at person-centered planning and transition. Richmond, VA: Author. (A self-paced instructional program on CD.)
Wehman, P. (in press). Individual transition plans: The teacher's curriculum guide for helping youth with special needs (2nd ed.). Austin, TX: Pro-Ed.
Wehman, P. (2001). Life beyond the classroom: Transition strategies for young people with disabilities (3rd ed.). Baltimore, MD: Paul H. Brookes.
Wehmeyer, M.L., & Sands, D.J. (Eds.). (1998). Making it happen: Student involvement in education planning, decision making, and instruction. Baltimore, MD: Paul H. Brookes.
Abery, B., Eggebeen, A., Rudrud, L., Arndt, K., Tetu, L., Barosko, J., Hinga, A., McBride, M., Greger, P., & Peterson, K. (1994). Self-determination for youth with disabilities: A family education curriculum. Minneapolis, MN: Institute on Community Integration, University of Minnesota.
Field, S., & Hoffman, A. (1996). Steps to self-determination: A curriculum to help adolescents learn to achieve their goals. Reston, VA: Council for Exceptional Children. [Includes instructor's guide, student activity book, self-determination knowledge scale]
Field, S., Hoffman, A., & Spezia, S. (1998). Self-determination strategies for adolescents in transition (Pro-Ed Series on Transition). Austin, TX: Pro-Ed.
Field, S., Martin, J.E., Miller, R., Ward, M., & Wehmeyer, M. (1997). A practical guide for teaching self-determination. Reston VA.: Council for Exceptional Children.
Wehmeyer, M.L., Agran, M., & Hughes, C. (1998). Teaching self-determination to students with disabilities: Basic skills for successful transition. Baltimore, MD: Paul H. Brookes.
Wood, W.M., Test, D.W., Browder, D., Algozzine, R.F., & Karvonen, M. (1999). Self- determination curriculum materials. Charlotte, NC: Self-Determination Synthesis Project. (Available online at: www.uncc.edu/sdsp/home.asp)
National Program Office on Self-Determination: www.self-determination.org/index.htm
National Coalition on Self-Determination: www.oaksgroup.org/nconsd
S.A.B.E. (Self Advocates Becoming Empowered): www.sabeusa.org
Center on Self-Determination: http://cdrc.ohsu.edu/selfdetermination
Transition Research Institute at Illinois: www.ed.uiuc.edu/sped/tri/institute.html
Council for Exceptional Children,1110 North Glebe Road, Arlington, VA 22201. Telephone: 1-888- 232-7733. E-mail: service@cec.sped.org Web: www.cec.sped.org/index.html
ERIC Clearinghouse on Disabilities and Gifted Education, 1110 North Glebe Road, Arlington, VA 22201. Telephone: 1-800-328-0272. Web: http://ericec.org
Institute on Community Integration, University of Minnesota, 102 Pattee Hall, 150 Pillsbury Drive SE, Minneapolis, MN 55455. Telephone: (612) 624-6300. Web: www.ici.umn.edu/default.html
Mountain Plains Regional Resource Center, Utah State University, 1780 N. Research Parkway, Suite 112, Logan, UT 84341. Telephone: (801) 752-0238. E-mail: cope@cc.usu.edu Web: www.usu.edu/mprrc
NICHCY, P.O. Box 1492, Washington, DC 20013. Telephone: 1-800-695-0285 (V/TTY). E-mail: nichcy@aed.org Web: www.nichcy.org
Paul H. Brookes Publishing, P.O. Box 10624, Baltimore, MD 21285. Telephone: 1-800-638-3775. Web: www.brookespublishing.com
Pro-Ed, 8700 Shoal Creek Boulevard, Austin, TX 78758. Telephone: 1-800-897-3202. Web: www.proedinc.com
Rehabilitation Research and Training Center on Workplace Supports, Virginia Commonwealth University, P.O. Box 842011, Richmond, VA 23284-2011. Telephone: (804) 828-1851. Web: www.worksupport.com
Self-Determination Synthesis Project, Department CSPC, College of Education, University of North Carolina at Charlotte, 9201 University City Blvd., Charlotte NC 28223-0001. Telephone: (704) 687-3736. Web: www.uncc.edu/sdsp/
Sopris West, 4093 Specialty Place, Longmont, CO 80504. Telephone: (303) 651-2829. E-mail: customerservice@sopriswest.com Web: www.sopriswest.com
Western Regional Resource Center (WRRC), 1268 University of Oregon, Eugene, OR 97403-1268. Telephone: (503) 232-9154. Web: http://interact.uoregon.edu/wrrc/wrrc.html
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This information is copyright free.
Readers are encouraged to copy and share it, but please credit the National Dissemination Center for Children with Disabilities (NICHCY). |
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This guide is part of NICHCY's Technical
Assistance Guide series. It has been developed to accompany A
Student's Guide to the IEP and comes with a companion audiocassette.
NICHCY also disseminates other materials and can respond to individual requests
for information. Project Director: Suzanne Ripley NICHCY thanks our Project Officer, Dr. Peggy Cvach, at the Office of Special Education Programs, U.S. Department of Education, for reviewing this TA guide and for her many helpful suggestions. We would like to express our deep appreciation to Alyne Ellis, who produced the audiotape portion of this guide package, and to Marcy McGahee-Kovac, who generously shared with us her many teaching strategies for involving students in the IEP process. Thanks go as well to the individuals who shared their insights about the IEP process and student involvement and who allowed their remarks to be tape-recorded! These are: Erin Connolly, special educator; Dr. Carol Cash, assistant principal; and Suzanne Ripley, director of NICHCY, and her husband, Scott, parents of two teenagers with disabilities. NICHCY would also like to express its appreciation to each and every one of the reviewers who read this publication in its draft form and who shared with us many valuable insights and suggestions. Specifically, we thank: Dr. Robert Snee, Principal, George Mason High School, Falls Church, Virginia; Erin Connolly, special educator, Stratford School, Arlington, Virginia; Dr. Beverly Mattson, Assistant Director, Federal Resource Center for Special Education, Washington, DC; and the parents at the PACER Center in Minneapolis, Minnesota, Sandy Holmstoen, Kris Schoeller, Vava Guthrie, and Kristin Berget. |
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