EC Laws, Accommodations vs Modifications and Useful Strategies to Use in the Classroom

1. EC Laws, Accommodations vs Modifications and Useful Strategies to Use in the Classroom BT Meeting March 20, 2014 Jen LaClair & Jenny White

2. What Does the Law Say? Federal and state laws and regulations require schools to provide accommodations and modifications to make sure that students with disabilities have access to an appropriate education program. • The Individuals with Disabilities Education Improvement Act (IDEIA 2004) requires that students with disabilities have the opportunity to be involved and make progress in the general curriculum. • Section 504 of the Rehabilitation Act of 1973 requires that accommodations be provided to students with disabilities, even if they don’t have an IEP. • The Americans with Disabilities Act of 1990 prohibits discrimination against any people with disabilities.

3. Federal Least Restrictive Environment (LRE) Requirements34 C.F.R. Section 300.114 Each public agency shall ensure – (i) That to the maximum extent appropriate, children with disabilities, … are educated with children who are nondisabled; and

4. Federal LRE Requirements (ii) That special classes, separate schooling or other removal of children with disabilities from the general educational environment occurs only if the nature or severity of the disability is such that education in general classes with the use of supplementary aids and services cannot be achieved satisfactorily.

5. Federal LRE Requirements34 C.F.R. 300.116 (e) A child with a disability is not removed from education in age-appropriate general classrooms solely because of needed modifications in the general curriculum. (Authority: 20 U.S.C. 1412 (a)(5))

6. Continuum of LRE Options “...a continuum of alternative placements is available to meet the needs of children with disabilities... including instruction in general classes, special classes, special schools, home instruction, and instruction in hospitals.” (Federal Register, 1977).

7. Responsibility • A local educational agency (LEA) must provide each child with a disability a free appropriate public education (FAPE). An LEA meets its obligation to provide FAPE to a child in part by providing special education, related services, and supplementary aids and services and program modifications or supports for school personnel in conformity with an IEP. The services provided must be stated in the IEP so that the level of the agency's commitment of resources will be clear to parents and other IEP team members. An LEA must ensure that a student is provided with all services required in the child's IEP.

9. Legal Justification Accommodate, Modify, and Support I.D.E.A. 1997 Reauthorization specifies (300.342(b)(3)) that the public agency shall ensure... each teacher and provider is informed of his or her specific responsibilities related to implementing the child’s IEP and the specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP. Diana Browning Wright, Teaching and Learning Trainings, 2005

10. Repercussions of Denial/Refusal • Regular classroom teachers employed by a school district will have very limited liability exposure in special education so long as the duties assigned to them regarding implementation of the IEP are executed in a legal and appropriate manner.  • Failure to implement the IEP as specified could result in disciplinary action, criminal charges, and civil lawsuits that could result in personal liability exposure. 

11. Repercussion of Denial/Refusal • Accommodations, modifications, behavior intervention plans, and supplementary aids and services are examples of IEP items that are typically the responsibility of the regular classroom teacher.  • IF a parent believes these items have not been implemented, they may file a complaint with the state department of education alleging noncompliance with the IEP. 

12. Repercussion of Denial/Refusal • The state department will launch an inquiry and possible investigation.  Typically, if the school district is found to be in noncompliance, a corrective action plan will be developed and the matter is resolved.  • If, however, the parent elects to pursue a due process hearing, one will be held to determine if the district did, in fact, fail to implement the agreed-upon IEP and denied the special education student the entitlement to a "free, appropriate public education" (FAPE). 

13. Costly Repercussions • If the hearing officer decides that the school district denied the student FAPE, the district will be required to implement the IEP as written, pay attorney's fees and other costs the parent may have incurred and may be required to pay the cost of compensatory services. http://www.ci.maryville.tn.us/mhs//MCSSped/teachtools.htm

14. What is an Individualized Education Program (IEP)? • A legally binding document that states what services a student will receive and why • Includes the student’s placement, services, academic and behavioral goals, a behavior plan (if needed), and progress reports from teachers and therapists • Planned at an IEP meeting • The IEP team looks at the student’s needs and decides what kind of accommodations and modifications are needed

15. Continuum of Alternative Placements …includes instruction in: special classes child’s home regular classes special schools hospitals or institutions << Less More >> Restrictive

16. Accommodations and Modifications • What are accommodations and modifications? • Are they the same thing? • When do you use them? • Who determines when and what to use?

17. Accommodations The actual teaching supports and services that the student may require to successfully demonstrate learning Accommodations should not change expectations to the curriculum grade levels. An accommodation is a change that helps a student overcome or work around the disability and DO NOT reduce learning expectations

18. Accommodations • Changes in how a student accesses information and demonstrates learning • Do not substantially change the instructionallevel, content, or standard • Changes made in order to provide a student with equal access to learning and equal opportunity to show what he or she knows and can do.

19. Thestandard is not negotiable, but the road to it is.

20. Accommodations are for… • Students with a disability who have an IEP or 504 plan • Students without a disability who have barriers to learning • Students who receive ELL services • Students who are at risk of failure

21. Modifications Changes made to curriculum expectations in order to meet the needs of the student Modifications are changes in what the student is expected to learn and demonstrate in the content area.

22. Modifications can be: • Making an assignment easier so the student is not doing the same level of work as other students is an example of a modification.

23. Modifications Change the content and performance expectations for what a student should learn. For example, a student may work at a different level ( for example, at a 4th grade level instead of a 6th grade level in reading) or study fewer concepts or skills.

24. Modifications • Made when the expectations are beyond the student’s level of ability • Alter the standard or what the test or assignment is supposed to measure • May be minimal or very complex depending on the student’s performance • Must be clearly acknowledged in the IEP

25. Differences between the two…

26. Do fundamentally change standards in terms of instructional level, content, or performance criteria Do not fundamentally change standards in terms of instructional level, content, or performance criteria Changes are made to provide student meaningful & productive learning experiences based on individual needs & abilities Changes are made in order to provide equal access to learning and equal opportunity to demonstrate what is known Grading is same. Grading is different.

27. More differences…. • Modifications focus on insuring meaningful participation in the general curriculum. • Modifications are designed for students who would benefit from participation in the general curriculum even though it is above their ability level. • Accommodations focus on removing barriers and providing access to the general curriculum. • Accommodations are designed for students who have barriers that can be removed to help them demonstrate what they know.

28. Here are some examples Modifications • Omitting story problems, using specialized/alternative curricula written at lower level, simplified vocabulary and concepts, alternative reading books at independent reading level • Tests are written at lower level of understanding, preview tests provided as study guide, picture supports are provided, use of calculator • Grading based on pass/fail, grading based on work completion • Allow outlining, instead of writing for an essay or major project Accommodations • A multiple choice test on identical facts is provided while other students "fill in the blank” • Student receives 10 math problems instead of 20 • Homework limited to a certain number of minutes/hours instead amount of work to be completed. • Limit information presented on page, large print, and more space between lines. • Highlight important text. • Students respond verbally instead ofwritten format • multiple -choice response instead of fill -in -the -blank or short answer/essay, word banks provided for fill in the blank questions

29. Accommodations (Leveling the playing field) • Knowledge of addition is demonstrated by manipulating blocks instead of through writing • Extra textbooks are provided for home when a child has great organizational difficulties • A scribe is provided to take notes for a child • A multiple choice test on individual facts is provided while other students fill in the blank http://www.learningdisabledkids.com/IEP_training/IEP_ accommodations_modifications_sec_contents.htm

30. Accommodations do not change knowledge content.

31. Modifications (everyone plays) • A child works on addition while classmates work on multiplication • A child learns letters and letter sounds while classmates read chapter books • A child uses blocks to build structures while other students do science experiments • A child is given a test on continents while classmates are tested on countries in Europe http://www.learningdisabledkids.com/IEP_training/IEP_ accommodations_modifications_sec_contents.htm

32. Modifications do change knowledge content and/or the standard.

33. An Accommodation is the “HOW” of the curriculum. *How are we going to get the information to the child and howare we going to test the student’s knowledge? A Modification is the “WHAT” of the curriculum. *What part of the general curriculum does the student need to know to reach his or her fullest potential? Both the general education teacher and special education teacher are responsible for making accommodations and modifications. It is a collaborative effort.

34. Who can receive modifications?

35. Modifications are for… • Students who would have been traditionally pulled out to a separate program • Students who may have a low incidence disability • Students for whom accommodations have been implemented to the fullest extent and still have difficulty succeeding

36. Remember! The IEP or 504 team determines how a student will participate, not whether a student will participate.

37. Frequently Asked Questions 1. Who determines modifications? The IEP team, including the Local Education Agency (LEA representative, Special Educator, General Educator, parent/legal guardian, the student) 2. Who gets accommodations and modifications? Accommodations can be made for any student. Students with an IEP or 504 plan get accommodations that are required. Students with an IEP can receive modifications if needed. STUDENT NEEDS DETERMINE BOTH 3. Do I have to accommodate? If a student has an IEP or a 504 plan, you must provide the accommodations and modifications that are part of the plan. If a student does not have an IEP or 504 plan, you are not required to accommodate, but it is considered best practice. 4. What do I say when students say, “It’s not fair?” Fair means that everyone gets what they need to succeed. Fair does not mean “same” or “equal.”

38. Accommodations and modifications are most often made in the following areas: • Scheduling/Timing • Setting • Materials • Instruction • Student Response • Presentation

39. Scheduling/Timing • Give extra time to complete assignments or tests • Break up testing over several days (MTS) • Give multiple or frequent breaks • Change testing schedule or order of subtests • Vary activities every 10-30 minutes • Alert students several minutes before a transition time, then give reminders

40. Setting • Change the location of instruction or testing • Seat student in front, next to teacher, or study carrel • Reduce fluorescent lighting and increase natural lighting • Seat student away from windows or other students • Instruct or test in small group or individual setting

41. Materials • Audio tape lectures or books • Provide copies of teacher’s lecture notes • Supply large print books, Braille, or books on CD (digital text) • Offer manipulatives • Use visual cues – charts, pictures, graphs • Utilize graphic organizers to demonstrate how concepts and ideas are related

42. Instruction • Reduce the difficulty of assignments • Reduce the reading level • Use a student/peer tutor • Simplify multi-step directions • Provide a partially completed outline during lectures • Preteach vocabulary

43. Student response • Allow answers to be given orally or dictated • Use a word processor for written work • Use sign language, a communication device, Braille, or native language if it is not English • Replace summative assessment with oral reports and projects • Give credit for participation • Use recognition tests instead of essay tests example: T/F, multiple choice, matching

44. Presentation • Increase “white space” on page • Use symbols on the test or answer form that help the student follow directions, such as an arrow or stop sign • Give extra examples for practice to make sure the student knows what to do. • Require fewer questions, but select ones that measure all required content. • Eliminate one of the choices in multiple-choice items.

46. Accommodation or Modification? Jack is an 9th grade student who has learning disabilities in reading and writing. He is in a general education 9th grade class that is team-taught by a general education teacher and a special education teacher. Modifications and accommodations provided for Jack’s daily school routine (and when he takes state or district-wide tests) include the following: • Jack will have shorter reading and writing assignments. • Jack’s textbooks will be based on the 9th grade curriculum, but at his independent reading level (5th grade). • Jack will have test questions read a loud to him. • Jack will respond orally, rather than in writing, to essay questions.

47. Accommodation or Modification? • Sarah has a learning disability in mathematics. Her teacher has required her to complete the first 10 fast fact problems,(but she does not have to reduce to simplest form). The rest of the class must complete the entire page of addition fractions and reduce to the simplest form, including challenging questions numbers 1-30.

48. What would need to change for example to become an accommodation?? • Focus on lesson objective: Will student benefit by completing questions 1-10? • The modification is cutting down the learning expectation for the student. To accommodate for this student, assign the odd problems, providing a sample of each type of problem. • Since the objective is quality and not quantity, help the student master objectives of the lesson without feeling frustrated.

49. How might accommodations look different from tier to tier?

50. Example: