Provisions and Principles of IDEA Related to Inclusive Education from Moving Beyond Excuses to Exclude in Secondary School.
Connections Volume 37, Issue 2-3
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Table I
| IDEA Provision | Statute and/or Regulatory Language |
| Least Restrictive Environment
Statute: (20 U.S.C. 1412(a)(5)) Regulations: §300.114 |
“To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled, and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.” Statute: (20 U.S.C. 1412(a)(5))Regulations: §300.114
Placement: “A child with a disability is not removed from education in age appropriate regular classrooms solely because of needed modifications in the general education curriculum.” Regulations: §300.116 (e) |
| Continuum of Alternative Placements
Statute: 20 U.S.C. 1412(a)(5) Regulations: §300.115 |
“Each public agency must ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services.” Regulations: §300.115 (a)
“Make provision for supplementary services (such as resource room or itinerant instruction) to be provided in conjunction with regular class placement.” Regulations: §300.115 (b)(2) |
| National Instructional Materials Accessibility Standard
Regulations: §300.172 |
States must “Adopt the National Instructional Materials Accessibility Standard (NIMAS), published as appendix C to part 300, for the purposes of providing instructional materials to blind persons or other persons with print disabilities,…” Regulations: §300.172 (a)(1)
“In order to meet its responsibility under paragraphs (b)(2), (b)(3), and (c) of this section to ensure that children with disabilities who need instructional materials in accessible formats are provided those materials in a timely manner, the SEA must ensure that all public agencies take all reasonable steps to provide instructional materials in accessible formats to children with disabilities who need those instructional materials at the same time as other children receive instructional materials.” Regulations: §300.172 (a)(4) |
| Assistive Technology
Regulations: §300.324 (a)(2)(v) Statute: 20 U.S.C. 1412(a)(1), 1412(a)(12)(A)(i), 1414(d)(3), (4)(B), and (7); and 1414(e)) |
Assistive technology.
“(a) Each public agency must ensure that assistive technology devices or assistive technology services, or both, as those terms are defined in §§ 300.5 and 300.6, respectively, are made available to a child with a disability if required as a part of the child’s—(1) Special education under § 300.36;(2) Related services under § 300.34; or (3) Supplementary aids and services under §§ 300.38 and 300.114(a)(2)(ii).(b) On a case-by-case basis, the use of school-purchased assistive technology devices in a child’s home or in other settings is required if the child’s IEP Team determines that the child needs access to those devices in order to receive FAPE.” Regulations: § 300.105 Statute: 20 U.S.C. 1412(a)(1),1412(a)(12)(B)(i) Development, Review, and Revision of the IEP “The IEP team must consider…whether the child needs assistive technology devices and services.” Regulations: §300.324 (a)(2)(v) Statute: 20 U.S.C. 1412(a)(1), 1412(a)(12)(A)(i), 1414(d)(3), (4)(B), and (7); and 1414(e)) |
| Accommodations
Regulations: § 300.320 (6)(i) Statute: 20 U.S.C. 1414(d)(1)(A) and(d)(6)) |
“The IEP must include–
(6)(i) A statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on State and district wide assessments” Regulations: § 300.320 (6)(i) Statute: 20 U.S.C. 1414(d)(1)(A) and(d)(6)) In order for an IEP to be “in effect” the school must inform all teachers of— The specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP. Regulations: § 300.323 (2)(ii)Statute: 20 U.S.C. 1414(d)(2)(A)–(C) IDEA defines “specially designed instruction” as follows: “(3) Specially designed instruction means adapting, as appropriate to the needs of an eligible child under this part, the content, methodology, or delivery of instruction— (i) To address the unique needs of the child that result from the child’s disability; and (ii) To ensure access of the child to the general curriculum, so that the child can meet the educational standards within the jurisdiction of the public agency that apply to all children.” Regulations: §300.39(b)(3) |
| Modifications
Regulations: §300.324 (a)(3)(ii) Statute: 20 U.S.C. 1412(a)(1), 1412(a)(12)(A)(i), 1414(d)(3), (4)(B), and (7); and 1414(e) |
Development, Review, and Revision of the IEP
The IEP team must consider—“Supplementary aids and services, program modifications, and support for school personnel consistent with § 300.320(a)(4).” Regulations: §300.324 (a)(3)(ii) Statute: 20 U.S.C. 1412(a)(1), 1412(a)(12)(A)(i), 1414(d)(3), (4)(B), and (7); and 1414(e)) |
Sample Responses to the Excuses to Exclude from Moving Beyond Excuses to Exclude in Secondary School.
Connections Volume 37, Issue 2-3
Table II
| Excuses to Exclude | Sample Responses |
| Excuse #1: “There is no infrastructure at our school for inclusion.” | “IDEA regulations indicate that a general education setting is preferable and should be considered as a first option. Can we try general education first?”
“Least Restrictive Environment indicates that I/he should be included with peers in general education as much as possible. It doesn’t seem as if this is being done even though it is outlined in the law.” “Many court cases have shown that schools cannot use the unavailability of a program to make decisions about the educational placement of a child.” Teacher: “I am willing to collaborate with general education teachers to provide inclusive opportunities.” |
| Excuse 2: “The gap is too wide now.” | “His IEP should include accommodations and modifications he receives in order to access the curriculum. Have these accommodations and modifications been provided? If they have not been successful we should discuss including others.”
“IDEA indicates that materials can be made accessible through assistive technology. What have we tried so far? What else can we try?” “Can we identify the priority learning goals for my child and then determine how best to meet those needs within the context of your class?” Teacher: “Can we get together and brainstorm some strategies and ways to support his/her meaningful inclusion in the classroom?” |
| Excuse # 3: “She needs life skills curriculum.” | “I appreciate your attention to my child’s functional skills. I would love to talk about ways that those goals could be embedded in her typical class activities. This IEP goals matrix might come in handy.”
“We agree that there are functional skills he needs to develop. This is how we are working on those goals at home.” Teacher: “I can look for natural opportunities to practice activities of daily living within the context of the typical school day so that she isn’t missing core academic instruction.” “While we know that functional life skills are important parts of my child’s program, we don’t want to limit access to general education curriculum. We think developing reading and math are functional skills too.” |
| Excuse #4: “The curriculum can’t be modified.” | “The regulations state that I/my child cannot be excluded based solely on the need for modification to the curriculum.”
Teacher: “I can collaborate with the special education teacher to determine what goals are appropriate and how best to evaluate progress toward those standards.” “What supplemental aids and services have you attempted to put in place to support me/her/him in the classroom?” “I know the grading expectations may be different. What are the goals for my child? How can we ensure they are met within the context of the lesson, even if they won’t do everything that everyone else does?” |
Accommodations and Modifications from Moving Beyond Excuses to Exclude in Secondary School.
Connections Volume 37, Issue 2-3
Table III
| Accommodations | Modifications |
|
test taken orally large print textbooks additional time to take test locker with an adapted lock weekly home-school communication tool, such as a notebook or daily log book peer support for note taking lab sheets with highlighted instructions graph paper to assist in organizing and lining up math problems tape record lectures use of a computer for writing |
outline in place of essay for major project Picture Communication Symbols (PCS) choices on tests alternative books or materials on the same theme or topic use of a calculator on a math test film or video supplements in place of text questions re-worded using simpler language projects substituted for written reports important words and phrases highlighted |
Supplemental Aids and Services from Moving Beyond Excuses to Exclude in Secondary School.
Connections Volume 37, Issue 2-3
Table IV
| Environment: Preferential seating, altered physical arrangement, reduced or minimized distractions
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| Level of Staff Support: Classroom companion, stop-in support, health care assistant, augmentative communication specialist
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| Specialized Equipment: computer, software, modified keyboard, switches, augmentative alternative communication device
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| Pacing of Instruction: allow breaks, omit assignments requiring copying, home set of materials
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| Presentation of Subject Matter: taped lectures, prewritten or powerpoint notes, pre-teach vocabulary, visual organizers, facilitated communication, simplified vocabulary
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| Materials: note-taking assistance, large print, audio text
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| Modifications to Assignments: lower difficulty level, shorten assignments, reduce pencil and paper tasks, alternative assignments and rubrics
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| Self-management: teach in several situations for generalization, teach study and organizational skills
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| Testing Adaptations: test read aloud, modified formation (i.e. short answer instead of essay), extended time
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| Social Interaction: focus on social process rather than activity or end product, teach social skills, provide a Circle of Friends
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IEP Matrix from Moving Beyond Excuses to Exclude in Secondary School.
Connections Volume 37, Issue 2-3
Student name: James
Grade: 7
Figure I
| Class Schedule | ||||
| IEP Goals | Life Science | Pre-Algebra | Literature | Business |
| Increase reading comprehension from 1st to 2nd grade level. | Read captions of text book, read student’s notes following text, review and read powerpoint slides from class. | Read word problems. | Listen to audio-books of required literature. Read books at reading level related to topic (graphic novels). | Listen to audio-books of required literature.
Read simplified text |
| Single digit addition and subtraction | Solve addition and subtraction portion of algebra problems with peers. | |||
| Learning to manage money | Include problems involving money. | Work with other students at school store. | ||