Special ed needs waivers too

“Flexibility is education’s new buzzword” – except for special education, writes Miriam Freedman, author of Fixing Special Education, in EdSource Today.

. . . more than 6 million students with disabilities, their parents, 13,809 school districts, 98,706 public schools, and 5,453 charter schools all have to meet the same rigid legal and regulatory requirements, regardless of the local situation or unique needs of the child or community. In 2002, studies found some 814 federal monitoring requirements for compliance by state and local agencies for programs for students with disabilities.

Parents should be able to “opt out of requirements that they don’t need or want, especially when children are doing well,” argues Freedman, who blogs at School Law Pro.

Time-wasting bureaucracy expands to charters

The “pathologies and pettifogging bureaucracy that so hinder district schools” are being forced on charters, writes Rick Hess. The Office for Civil Rights (OCR) at the U.S. Department of Education is demanding that 44 charter schools in Washington, D.C. prove they’re training teachers to serve students with diabetes — even if they have no such students.

Schools must provide:

. . . a “specific, narrative response to each of the complainants allegations;” “the school’s policies and procedures on, and narrative descriptions of, the school’s practice applicable to, the care of students with diabetes, including all relating to the provision of diabetes-related services;” “a description of–and all methods relating to–the method by which the school identifies students who have diabetes;” “copies of the section 504 and all other health plans for each school student with diabetes;” “the number of school staff knowledgeable about diabetes, including registered nurses, who are present at the school and the settings in which such staff are required to be present;” “diabetes-related training the school has provided or arranged for school staff during the 2010/2011 and the 2011/2012 school years;” and oodles more. The complaints included allegations that some schools did not have “adequate numbers of properly trained staff to monitor and administer medication” to students when they’re transported to and from school or during extra-curricular activities and field trips.

It’s usually safer to let juvenile diabetics manage their own medication than to let an unfamiliar adult take over. But this isn’t just about diabetes, Hess writes.

. . . multiply this little Kafkaesque exercise by all the imaginable complaints about every category of special need, every statute and regulation relating to public funds, every conceivable complaint that some special interest or grudge-holding group can surface, and expect schools to bulletproof themselves against all of that, and you realize how easy it is to prevent educators from actually focusing on education.

Compliance isn’t really about safety. If teacher training doesn’t guarantee teachers will  be prepared to teach multiplying fractions, I doubt spending some of that time training on diabetes, asthma, allergies, juvenile arthritis — and all the other medical conditions that might or might not occur — will turn teachers into competent paramedics.

Charter schools and special ed

Charter schools enroll fewer special education students than traditional public schools in most states, concludes a GAO study. In 2009-2010, 11 percent of students enrolled in traditional public schools were students with disabilities compared to about 8 percent of students enrolled in charter schools.

While traditional public schools were more likely than charters to report 8 to 12 percent of students had disabilities,  “a higher percentage of charter schools enrolled more than 20 percent of students with disabilities.” Many charter schools “faced challenges serving students with severe disabilities,” the GAO found.

“No single public school is expected to serve students with every single type of disability,” writes Mike Petrilli on Flypaper. In Montgomery County, Maryland, where he lives, 26 schools have virtually no severely disabled students and another 52 have less than 2 percent. Five schools enroll 40+ percent with severe disabilities.

What Montgomery County is doing—what every school district of any size does—is to create special programs at particular schools that can better meet the needs of students with particular disabilities.

Most charter schools are small. Some contract out for special ed services with the neighboring district. Others form consortia with other charters to share special ed resources. But most parents with a high-needs child will not find superior services at a charter school compared to what their district has to offer.

There are exceptions: I visited two charter schools that were created to educated disabled students in mainstream classrooms. It takes a lot of effort — and extra funding — to do it well. Both charters provided special classes to kindergarteners with developmental delays to prevent a disability diagnosis. Another charter, a middle school, was able to move some learning disabled students out of special ed by getting them caught up academically. I think charter founders should look at designing schools to meet the needs of ADHD and Asperger’s students — and others who could benefit but won’t ever have a disability diagnosis. There’s a niche there.

Good news, ugly truth on pre-k ‘savings’

Michigan will save $39,000 in public costs for every high-risk child in pre-kindergarten — $100,000 in Detroit — according to a Fisher Foundation report. These “investment” claims should  be taken with a grain of salt, writes Sara Mead, who links to Lisa Guernsey’s analysis of the claim that preschool saves $10 for every $1 spent.

Very high-quality programs — which are not the norm — can improve outcomes for high-risk kids, Mead writes. But only 3 percent of savings from improved school readiness flow to K-12 schools, the report estimates.

. . . the really flashy high-value savings come from benefits far down the road, such as reduced crime and prison costs, (that) are hard to capture to pay for pre-k. And when early childhood advocates cite such diffuse and distant benefits to claim that the “value of investing in school readiness for just one child at risk of academic failure in Detroit, Michigan, is…about $100,000,” I worry that the perception such claims are oversold may actually increase skepticism about the value of pre-k investments, rather than building support.

It’s more persuasive to cite immediate savings to the school system, Mead argues. The Fisher researchers estimate pre-k saves $2,374 per child in reduced special education and grade retention costs, $3,376 in Detroit.  Michigan spends about $4,453 per child in pre-k. If that’s true, pre-k isn’t free but it’s awfully cheap.

Special ed is a mess

Special education is “a litigious mess,” writes lawyer Chris Borreca in The Atlantic. When IDEA, the disability rights law, is reauthorized, Congress should adopt a dispute resolution system using specialist courts, he suggests.

A threshold requirement of mandatory mediation before a lawsuit may be filed could be added. A reasonable cap on attorney fees should be explored. Clarity of the very legal rights described should be added to the statute itself.

In other words, a degree of common sense added to the entire system — with an emphasis on services received rather than an unending amount of due process provided for every alleged wrongdoing — would go a long way toward serving the original intent of the law.

Miriam K. Freedman, also a lawyer, tackles reforming special ed in the University of Chicago Law Review.

The current system favors wealthy parents, writes Dr. Manhattan, who likes Romney’s plan to make federal disability dollars follow the student.

Special education for all?

The New York City Department of Education is currently implementing special education reform. One of its principles is that “all schools should have the curricular, instructional, and scheduling flexibility needed to meet the diverse needs of students with disabilities with accountability outcomes.” At the same time, “students with disabilities must have access to the Common Core Learning Standards (CCLS).” 

How do you meet the students’ diverse needs and make the standards accessible for them? Welcome to Universal Design for Learning (UDL), a “framework” that enables teachers to design curricula for diverse learners in advance, instead of on the fly. On the one hand, it’s difficult to object to something like this. Shouldn’t teachers consider students’ needs when planning curricula? Shouldn’t the curricula reflect the students, at least in part? On the other, it could distract from subject matter. It could send students the message that they need pictures, sounds, activities, strategy instruction, and so forth whenever they don’t understand something.

According to the UDL guidelines, the current curricula are not simply flawed; they are disabled (in terms of who they can teach, what they can teach, and how they can teach. (Why do people find it necessary to disparage the old when presenting the (supposedly) new? Aren’t some curricula better than others?) UDL addresses these “disabilities” by making the curricula more accessible to learners: that is, by providing multiple means of representation, expression, and engagement.

For instance, according to the guidelines, ”an equals sign (=) might help some learners understand that the two sides of the equation need to be balanced, but might cause confusion to a student who does not understand what it means.” Therefore a teacher should provide “alternative representations” (instead of, say, telling the student what the equals sign means).

Or consider this: “While a learner with dyslexia may excel at story-telling in conversation, he may falter when telling that same story in writing.  It is important to provide alternative modalities for expression, both to the level the playing field among learners and to allow the learner to appropriately (or easily) express knowledge, ideas and concepts in the learning environment.” But shouldn’t any student, including a student with dyslexia, learn how to write? Granted, the student should have the opportunity to speak as well. That is nothing new or fancy. It is possible that a student might have difficulty with both speaking and writing. What to do but practice?

Multiple representations and modes of expression are far from the whole of UDL. Teachers are supposed to ”scaffold” the development of the “executive functions” of students’ brains: “The UDL framework typically involves efforts to expand executive capacity in two ways: 1) by scaffolding lower level skills so that they require less executive processing; and 2) by scaffolding higher level executive skills and strategies so that they are more effective and developed.” For instance, when it comes to “higher level executive skills,” teachers should guide students in the formation of their own personal learning goals and help them develop strategies for learning. All of this is fine in moderation, but (a) it can take up a great deal of class time and (b) it can send students the wrong message about their own responsibility and role.

In my experience, students who study at home (that is, who don’t just zip through the homework, but think about it until they understand it) are rarely in need of strategy instruction, multiple representations, and so forth. The strategies come to them as they wrestle with the material. A few tips can help, but they need not be elaborate. In class, these students benefit from challenging instruction. This includes a variety of representations (such as when the geometry teacher says, “Or think of it this way”).  It includes some clarifications, review of basics, hints about how to learn this material, questions pointing to the next step, and exposition of new material. Students then seize this material and work on it. 

By no means am I arguing that a teacher should leave students in the lurches, ignoring them when they stare blankly at the wall or doodle in their textbooks. Of course she should think about what students need and how to draw them in. But take this too far, and you won’t have a lesson that compares the formulas for the hyperbola and ellipse. You won’t have a discussion of Donne’s “A Valediction: Forbidding Mourning.” You’d end up teaching material that required less intensive study–because you’d have to bring in all your multiple this and that.

If UDL is meant as a collection of suggestions and principles, then much of it makes sense (though I still take issue with the equals sign example). But the word “universal” makes me wary, as does the blanket dismissal of current curricula. Teachers have incorporated UDL-like practices for centuries. It is important to question and refine what we are doing; it is damaging to bring in some sweeping change, some revolutionary lawnmower that tears up the field.

Addressing disabilities in the classroom is a tricky matter; it requires knowledge, skill, and good judgment. But we do students a disservice, overall, when bending too far to accommodate them. One learns by wrestling with things. If students understood this, if at home they pondered and practiced what they were learning in class, we’d see a profound difference in our schools. Teachers, then, would have more room to wrestle with the material at higher levels and plan challenging, well-crafted lessons.

Sensible ways to fix special ed

Special education is overdue for “common-sense” reform, writes attorney Miriam Kurtzig Freedman in The Atlantic. “The Individuals with Disabilities Education Act (IDEA) is an example of a statute that has achieved its noble mission but now urgently needs to be fixed in order to address its unintended consequences.” She proposes:

Focus on improving regular education for all students. The better that regular education is, the fewer students need to be identified for special education services. When developing inclusive programs, schools should base them on effective teaching practices that improve educational outcomes for both students with disabilities and regular education students.

. . . end the “medical model” in which IDEA eligibility for services requires a specialist’s diagnosis. This model is costly, problematic, and inexact. It often kicks in too late, after previously undiagnosed students have struggled and failed. The far better solution is to provide timely and appropriate education services for all students in our schools, based on their current performance, without the need for a diagnosis or label.

End the compliance-based approach to special education. Parents and teachers alike should be liberated from endless form-filling and meetings. Compliance does not improve student results. Only time on task — in classrooms — does.

Finally, use mediators, ombudsmen or other dispute-resolution models to encourage trust and collaboration between parents and schools, suggests Freedman.

Evaluating teachers: What about special ed?

Evaluating teachers based on their students’ performance is tricky. It’s even harder to evaluate special education teachers whose students may have a variety of disabilities, notes AP.

To get Race to the Top funds, states must boost the number of effective teachers in special education and other hard-to-staff specialties. Federal officials want to link teacher effectiveness to whether students reach “acceptable rates” of academic growth. What does that mean? States are trying to figure it out.

In Florida, the process has already begun, with a committee examining a broad range of conditions, from dyslexia to traumatic brain injuries, and analyzing the effect on test scores.

. . . the committee decided students with similar disabilities who can take Florida’s statewide math and reading assessment should be compared to one another. The student’s prior academic achievement will also be factored in. Teachers will then be evaluated based on how much above or below the average their students performed.

So every autistic child is just like every other autistic child . . .

Autistic boy records teachers’ insults

Ten-year-old Akian Chafetz, who is autistic, was bullied at school — by his teacher and aide in a class for autistic children, charges a New Jersey father. Stuart Chaifetz sent his son to school with a recorder in his pocket.

A teacher or aide can be heard saying angrily, “Who are you talking to? Nobody. Knock it off.” Akian is also told several times to shut his mouth.

After being scolded several times, Akian begins to cry and the administrator said, “Go ahead and scream because guess what? You’re going to get nothing until your mouth is shut.”

At another point, the teacher or aide calls Akian a “bastard” when he will not stop crying.

Chaifetz posted the recording on a Facebook site, No More Teacher Bullies, and took it to the district office. The aide was fired, he says, but the teacher, who has tenure, was transferred to another school.

However, Cherry Hill Superintendent Maureen Reusche said in a statement that “the individuals who are heard on the recording raising their voices and inappropriately addressing children no longer work in the district and have not since shortly after we received the copy of the recording.”

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Chaifetz isn’t the first parent to send a disabled child to school with a recording device, notes ABC. “In March, two Alabama teachers were put on administrative leave after the mother of 10-year-old Jose Salinas, who has cerebral palsy, attached an audio recorder to the bottom of his wheelchair and caught them scolding him about drooling, among other things.”

I predict many more parents will try this if they think their child isn’t able to tell them what goes on at school.

Ed Week‘s Nirvi Shah cites other cases and also thinks we’ll see more covert recording.

Update: The Cherry Hill special education teacher says she was at a meeting when the aides yelled at Akian and heard no abuse of the boy. The father says he’s got several more hours of tape that implicates the teacher.

How to stretch the school-district dollar

Stretching the school-district dollar is a must in tough times, writes Fordham’s Michael J. Petrilli in a new policy brief.

“Aim for a leaner, more productive, better paid workforce,” he advises.

In the last two decades, school systems have hired all manner of instructional coaches, teachers’ aides, program administrators, support staff, counselors, psychiatrists, specialists, and so forth. Redefining these roles—and those of classroom teachers—provides great opportunities for increased productivity. None of this is easy, but districts should consider:

Asking classroom teachers to take on additional responsibility in return for greater pay. Can they do without aides? Handle larger classes (or student loads)? Take on mentoring roles along with classroom instruction? Where these additional responsibilities enable the system to operate with fewer staff (even if that means the remaining staff work a longer year), the system can justify higher pay while still realizing savings.

Districts also should rethink special education, Petrilli writes.

For example, if a district uses a “co-teaching” model with regular teacher and a special education teacher in the same classroom—which is hugely expensive—could it try a pull-out approach instead? Or if the best model has these students staying in the classroom, could the extra services be provided over the summer, or after school?

He also suggests a more aggressive salary schedule that lets teachers reach the maximum base pay more quickly, prioritizing salaries over benefits and “thoughtful” integration of technology.