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Kluth article on inclusion legal blunders

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Special Education

Jim Stovall, International Humanitarian Award recipient and Olympic athlete, once said of teamwork, "You need to be aware of what others are doing, applaud their efforts, acknowledge their successes and encourage them in their pursuits. When we all help one another, everybody wins." For general education and special education teachers, the "everybody wins" payoff [...]

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Create a well-written IEP with a well-executed process. Shift your mindset from focusing on a deficit-based approach to a strengths-based approach

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Collaborative and productive IEP meetings lay the foundation for better student outcomes-but with so many complicated and emotionally charged decisions involved, the meeting room can feel like a minefield. Before clashing opinions, unspoken resentments, and miscommunications upend your IEP meeting, try these tips from seasoned conflict resolution specialist Nicholas Martin.

In his book A Guide to Collaboration for IEP Teams, Martin offers tons of great strategies for making your collaborative IEP process more peaceful and productive. Ten of his tips are excerpted and adapted below. Use them at your next meeting and share them with your fellow team members as you work together to create A-plus IEPs for your students.

Clear up jargon and acronyms. If a team member starts using jargon that a parent, for example, might not understand, resentment can start to simmer. Clear up jargon, but be careful not to single the parent out and ask if they need help understanding. Instead, ask for clarity yourself; try saying something like, "Excuse me, I just want to be sure I understand those acronyms the same way you do. Can you rephrase that for me in everyday terms?" or "It would really help me to hear those acronyms in everyday terms. Could I trouble you to repeat that last part again in different words?"

As Nicholas Martin points out, "nobody wins unless everybody wins" in IEP meetings. Try these suggestions to help make your next IEP a win/win for everyone-and for more in-depth guidance on effective IEP meeting management and conflict resolution, check out A Guide to Collaboration for IEP Teams.

Like these ideas? Here's a condensed version in tweetable/pinnable/shareable format.

Next time conflict arises in an IEP meeting, try these 15 phrases that show support of fellow team members' feelings.

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Collaborative and productive IEP meetings lay the foundation for better student outcomes-but with so many complicated and emotionally charged decisions involved, the meeting room can feel like a minefield. Before clashing opinions, unspoken resentments, and miscommunications upend your IEP meeting, try these tips from seasoned conflict resolution specialist Nicholas Martin.

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Ohio Department of Education and Workforce

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Special Education - The Basics of an Individualized Education Program (IEP)

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10 Defusing Phrases to Use at IEP Meetings

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Introduction

What are high expectations for students with the most significant cognitive disabilities? This question has been raised for decades, with the answers changing over time. Although the conclusion has been that all individuals deserve the chance to show what they know and can do, exactly what that means for students with the most significant cognitive disabilities is just emerging.

Evidence

Students with disabilities in the United States have a history of exclusion in education. Although it has been more than 40 years since the first laws were enacted to ensure that a child with any disability had access to school, the placement of students with the most significant cognitive disabilities in segregated settings continue (Morningstar, Kurth, & Johnson, 2017).

Legislation requires access to and assessment of student performance in grade-level academic content (IDEA 1997; ESEA 2001, 2015). Yet, there continues to be a mindset that students with intellectual disabilities should be taught an "alternate" curriculum, one that meets their functional skill needs rather than academics. Spooner and Brown (2011) noted that inclusive efforts for students with moderate and severe intellectual disabilities have focused on the location of their learning, but continued the separate curriculum. The assumption was that this population of students could not learn academic content. Even though this myth has been debunked (Saunders & Wakeman, 2018/2019), it persists. Advocates and researchers continue to encourage practitioners to consider what is relevant for students in this population and plan for what they could do instead of assuming what they cannot do (e.g., Courtade, Spooner, Browder, & Jimenez, 2012; Quenemoen & Thurlow, 2017).

The least dangerous assumption was first proposed by Donnellan (1984). It is a concept that has guided the approach taken by some, but not all, educators who work with students with the most significant cognitive disabilities. Still, there is evidence that when there is adherence to the least dangerous assumption, students with intellectual disabilities can make progress on the same academic content as their grade-level peers without disabilities (e.g., Heinrich, Collins, Knight, & Spriggs, 2016; Ruppar, Afacan, Yang, & Pickett, 2017).

The least restrictive environment (LRE) requirement in IDEA was designed to ensure that every child be educated with non-disabled peers to the greatest extent possible. Every Individualized Education Program (IEP) team makes decisions about placement based on the student's strengths and needs, so it is best practice that IEP teams remain up-to-date on current research for educating students in inclusive settings. Research findings indicate that:

Inclusive placements in general education classrooms for students with significant cognitive disabilities correlate positively with their achievement (Kleinert et al., 2015).

When students with intellectual disabilities are educated with their non-disabled peers they also make progress on social goals (e.g., Brock, Biggs, Carter, Cattey, & Raley, 2016; Henrick, Collins, Knight, & Spriggs, 2016).

When students without disabilities are educated in inclusive classrooms, they develop skills like empathy and advocacy, and there is no negative effect on their academic performance (Carter et al., 2016).

Definition

The least dangerous assumption is a theory developed in the early 1980s. According to Donnellan (1984), "The criterion of the least dangerous assumption holds that in the absence of conclusive data, educational decisions ought to be based on assumptions that, if incorrect, will have the least dangerous effect on the likelihood that students will be able to function independently as adults" (p. 141). Evidence gathered by Rosenthal and Jacobson (1968) indicated much earlier that teacher expectations could influence student achievement. In the current policy environment when so many expectations are created by test score data or disability label, it is vital that high expectations are set for all students.

Donnellan wrote about the need to practice the least dangerous assumption for students with disabilities. She suggested that if a student does not make progress, we should first assume it is due to a problem with the instruction or materials rather than a student deficit. Jorgensen (2005) outlined five reasons for presuming competence as the least dangerous assumption: (a) human intelligence is multi-faceted, (b) measuring intelligence is flawed, (c) communication and high-quality instruction are needed before we can determine capability, (d) presuming incompetence could be harmful, and (e) even if we are wrong, the consequence is not as harmful as the alternative.

Further information on expectations is provided in the following video clips of a parent and a general education teacher talking about the importance of high expectations from each of their perspectives:

Implementation

The ways in which expectations can play out for an individual student are shown in this case study of Leo. Leo has an intellectual disability and has been in a separate classroom for the past four years. His IEP includes goals for using Augmentative and Alternative Communication (AAC) to make simple requests (e.g., more, drink, bathroom, eat), using behavioral self-management strategies, identifying simple sight words, and sorting objects by color or size. The IEP team is discussing the best placement for Leo. His parents have been pushing to have him included in general education classes. This is the conversation:

Parents: We have been attending trainings on building communication systems and using the least dangerous assumption. It seems that Leo's behavior outbursts are linked to the fact that he doesn't have a solid communication system yet. We also are worried because he has been coming home from school with the same types of work for years, and we think he would benefit from joining the regular class where the kids from our neighborhood are.

Principal: What has Leo been working on this past year?

Speech-language pathologist: He's been working with a new AAC system, but he still hasn't mastered the basic needs (asking for a drink, identifying his name, etc.). His IEP goals have been pretty similar since Kindergarten.

Teacher: Well, he has been working on many of the same IEP goals for awhile, but that is because he really struggles to remember anything from one day to the next. We do flashcards for sight words and he knows them one day, but then the next week he has forgotten them all. There is no way Leo can do grade-level work. His academics are not even close, and his behaviors would be detrimental to the rest of the students.

After quite a few meetings and discussions and some reading (e.g., Carter, 2018/2019; Jorgensen, 2018/2019), the IEP team realized that Leo seems more interested in his surroundings when he is with same-aged peers, including those without disabilities. His parents share that he finds ways to communicate with his brother's friends when they come over. Ultimately, on a trial basis, Leo is placed in a general education setting from the time of his arrival at school through lunch. Leo's parents asked that the educators who work with Leo be given some professional development to support planning for Leo's transition to the general education classroom. The principal and teachers agreed. During and after the training, everyone worked together to identify potential barriers to Leo's inclusion and access to the curriculum, and together they problem-solved ways to overcome them. For instance, rather than focusing on Leo having few sight words and a bad memory, the team thought about how to help him access information and show what he knows. Perhaps Leo may not master multiple sight words, but through a free technology, such as Bookshare, he could listen to the same text as his peers, and he could show his understanding using a response board with some choices rather than coming up with each answer on his own.

Leo's case provides examples of how the least dangerous assumption can be implemented. For each implementation example presented below, there is also the likely negative effect if the least dangerous assumption is ignored.

Teaching Life, Social, and Academic Skills

In Leo's inclusive math class, students are working on multi-step mathematical problems. Leo is using his task-analyzed support to complete problems similar to his peers. Leo uses his stamp to write his name, or his AAC to electronically sign, at the top of his math assignment. Like all the students in class, if Leo has a question he is supposed to ask two peers before he asks a teacher. Further, his AAC device is programmed to ask for help and has core words that can be combined to reflect a large number of concepts and ideas. Leo also has some fringe vocabulary for specific units. The math problems are connected to the science lesson being taught later that day.

What might have occurred if the least dangerous assumption had been ignored? Leo works alone at his desk. He circles numbers in isolation on a worksheet. He stamps his name five times in a row on a second worksheet. He staples the worksheets together before he turns them in to his teacher.

Instruction in Natural Contexts and Routines

Leo enters the inclusive classroom and says "hello" to his classroom teacher and friends. What might have occurred if the least dangerous assumption had been ignored? Leo is practicing activating his AAC device to say "hello" in a therapy session in four out of five trials.

More Challenging Content

In his inclusive classroom, Leo uses familiar playing cards to sequence numbers on a number line as part of multi-step math problems that the rest of the class is doing. He sorts information from two different stories to create a Venn Diagram. He uses his name and course subject to identify letter sounds.

What might have occurred if the least dangerous assumption had been ignored? Leo completes three tasks each morning when he arrives at school. These three tasks are his IEP goals related to matching colors and pictures of playing cards, sorting blocks, and circling his name. These tasks are not changed until he demonstrates mastery for five out of five days.

Addressing Barriers to Learning

Leo's inclusive classroom teacher plans a lesson related to comparing and contrasting states of matter. She plans using tangible objects so that Leo can touch, see, and hear the differences. She provides picture and object response options for concepts for Leo to use on his AAC device. She uses videos for Leo to see the melting and freezing process in a short period of time.

What might have occurred if the least dangerous assumption had been ignored? Leo's teacher sees Leo as the barrier to learning, and thus uses hand-over-hand support with Leo to sort pictures of hot and cold items because there is only 15 minutes of class time for science.

Focus of Instruction

Leo works on a subset of prioritized vocabulary for each chapter of the text the class is reading. He uses his AAC device for both word recognition and definition. Leo has picture supports that match each vocabulary word and has several opportunities each day to respond to questions using the vocabulary on his communication device. He repeats having the chapter read aloud to him and using his vocabulary as homework.

What might have occurred if the least dangerous assumption had been ignored? Leo's teacher regularly focuses on a narrow set of skills or topics. Thus, Leo's vocabulary instruction focuses on flashcard instruction. He works on five words in isolation each benchmark period.

Summary

The least dangerous assumption pushes us to consider all students as capable (Jorgensen, 2005). Our challenge is to not think in a deficit mindset but consider what can we do to support students in how they access, engage in, and respond not only to life skills content, but academic content, as well. By including students with the most significant cognitive disabilities in the instruction of all content, students and families are included in a community of learning that sets achievable high expectations.

Learning Activities

Least Dangerous Assumption Learning Activities for Educators: Activity 1

Watch the following video. Be prepared to note where you see evidence of considerations of least dangerous assumption and where there are potential ways to increase considerations of least dangerous assumption.

After watching the video, click here to see places to potentially improve considerations for LDA​.

Least Dangerous Assumption Learning Activities for Educators: Activity 2

The least dangerous assumption basically states that if we aren't 100% sure, we should make decisions that, if wrong, have the fewest negative repercussions against the person. At different times of a person's life, these decisions may include what someone should or shouldn't learn, where someone should learn, where someone should live, with whom someone should live, etc.

The least dangerous assumption is important because we know:

Having high expectations makes a difference

IQ is not destiny

Not talking is not the same as not having something to say

So, how do you create least dangerous assumption opportunities in your IEP meetings, your schools, and your life? Let's look at some possible scenarios.

"Shaquan has Down syndrome so I think this classroom may be best. He will learn the functional skills he'll need to get a job."

The assumptions being made:

All people with Down syndrome have the same needs.

Functional skills are often defined as "daily living skills" and typically include hygiene skills, making change, and following basic directions. "Academic" skills such as reading, writing, science, and math are not considered as a priority or achievable for some students.

What is a response that reflects a least dangerous assumption? Write one before moving on to see some possible responses.

See possible responses that reflect a least dangerous assumption in Shaquan's scenario.

"Down syndrome is only one part of who Shaquan is."

"Functional skills for Shaquan are reading, making friends, and learning how to advocate for himself."

"How can we support Shaquan learning all the skills he needs to help him get access to general education classroom and content?"

Kaitlyn needs to learn to better use her AAC system before she will benefit from a general education classroom.

What assumptions are being made?

Communication is taught in isolation.

Not talking is the same as not having anything to say.

What is a response that reflects the least dangerous assumption? Write one response before moving on to see some possible responses.

See possible responses that reflect a least dangerous assumption in Kaitlyn's scenario.

"Let's give Kaitlyn more opportunities to practice communication and more people to communicate with."

"Rather than waiting for Kaitlyn to 'prove herself' by communicating, let's begin by giving her things to communicate about."

"Since Kaitlyn doesn't yet have a strong communication system, we can't be sure what she does and doesn't understand. We must then give her access to as much as we can, in case her receptive language is stronger than her expressive currently is."

Daniel's behavior is not appropriate for a general education classroom. Once he learns better ways to handle his frustration then we can talk about moving him.

What assumptions are being made?

Behavior is a prerequisite for being allowed in a classroom.

Behavior is not communication.

What is a response that reflects the least dangerous assumption? Write one response before moving on to see some possible responses.

See possible responses that reflect a least dangerous assumption in Daniel's scenario.

"What is Daniel's behavior telling us? Is he engaged in the classroom environment?"

"How can we support Daniel to learn better ways to handle his frustration?"

"What strategies and supports can we put in place in a general education classroom to help Daniel?"

What assumptions are being made?

Shandra's IQ is 60. She won't be safe in a general education setting.

IQ is destiny.

Shandra will only be safe if adults take care of her and adults will always be around to take care of her.

Shandra's peers will be mean to her.

What is a response that reflects the least dangerous assumption? Write one response before moving on to see some possible responses.

See possible responses that reflect a least dangerous assumption in Shandra's scenario.

"What are supports that Shandra needs to access reading, writing, math, science, etc.?"

"How can we set up peer networks or a circle of friends for Shandra?"

"What strategies can we use to help Shandra build her advocacy skills?"

TIPS Series: Tip #6, July 2019

All rights reserved. Any or all portions of this document may be reproduced without prior permission, provided the source is cited as:

Taub, D., Wakeman, S., Saunders, A., Thurlow, M. L., & Lazarus, S. S. (2019). Using the least dangerous assumption in educational decisions (TIPS Series: Tip #6). Minneapolis, MN: University of Minnesota, TIES Center.

TIES Center is supported through a Cooperative Agreement (#H326Y170004) with the Research to Practice Division, Office of Special Education Programs, U.S. Department of Education. The Center is affiliated with the National Center on Educational Outcomes (NCEO) at the Institute on Community Integration (ICI), College of Education and Human Development, University of Minnesota. The contents of this report were developed under the Cooperative Agreement from the U.S. Department of Education, but do not necessarily represent the policy or opinions of the U.S. Department of Education or Offices within it. Readers should not assume endorsement by the federal government. Project Officer: Susan Weigert

The National Center on Educational Outcomes leads the TIES Center partnership. There are six additional collaborating partners: Arizona Department of Education, CAST, University of Cincinnati, University of Kentucky, University of North Carolina - Charlotte, and University of North Carolina - Greensboro.

TIES Center

University of Minnesota

Institute on Community Integration

2025 East River Parkway

Minneapolis, MN 55414

Phone: 612-626-1530
www.tiescenter.org
This document is available in alternate formats upon request.

The University of Minnesota is an equal opportunity employer and educator.

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TIES TIPS | Foundations of Inclusion | TIP #6: Using the Least Dangerous Assumption in Educational Decisions

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What are high expectations for students with the most significant cognitive disabilities? This question has been raised for decades, with the answers changing over time. Although the conclusion has been that all individuals deserve the chance to show what they know and can do, exactly what that means for students with the most significant cognitive disabilities is just emerging.

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Comprehensive Inclusive Education: General Education and the Inclusive IEP

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This resource is intended to guide IEP teams in a comprehensive inclusive education planning process based on the expectation that each student can actively participate, belong, contribute, and learn in the school and larger community.

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VDOE :: Special Education IEPs & Instructional Services

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At too many IEP meetings, educators focus on student deficits. They get stuck when it comes time to explore a student's strengths. Educators and families alike wonder why these meetings are tense and difficult.

Families are constantly fighting to discover and create inclusive spaces for their loved ones. IEP meetings should already be inclusive and safe for students with disabilities but they're traditionally difficult for teachers, families, and students. Hosting inclusive person-centered IEP meetings is crucial to a student's long-term success.

What Is a Person-Centered IEP?

IEPs, or Individualized Education Plans, are meant to be documents supporting the development of a student with disabilities. Required by law under IDEA ( Individuals with Disabilities Education Act), an IEP should track students' success in achieving learning goals. It also documents what services the student needs to succeed.

IDEA states that all children, with or without disabilities, have the right to an appropriate, free, and public education that meets the student's needs. Because of the requirement of an appropriate education, parents and educators meet to discuss student performance and goals.

To make an IEP person-centered, it is important to include students. From there, educators can develop plans based on the students' vision of their future. Read more for 3 ways families and teachers can put an inclusive person-centered IEP into practice.

No IEP meeting is easy. Working together with understanding and compassion can make the process better though.

Teachers can start by interviewing the family about how past meetings went. What could have been better? What conversations went well? This interview is all about how you can help increase positivity throughout the process.

For families, supporting your child's school team is important too. Try to spend some time reflecting on your past experiences. What do you need to feel secure about your student's education? Be clear and upfront with the education team and have goals of your own as your enter the room.

Remember why you are all at this meeting: to support and advocate for the student. Family members' main goal is to advocate for their loved one. But don't forget, as a family member, you can advocate for educators too. Schools, especially special education programs, need to be fully funded; teachers need to be paid living wages; and resources have to be allocated to support these goals.

Teachers can advocate for their students in the classroom, but don't forget to continue advocating the classroom. Have conversations with adults who live with disabilities - what is their daily life like? Teachers can also support the development of self-advocacy skills in their students. Read more about 3 ways you can teach self-advocacy skills to your students.

Practice Self-Determined Transition Planning

For this tip, teachers and family members can work together. Focus on the student. This may sound simple, but it is actually a much more involved process. Educators can focus on teaching students how to create their own measurable goals. Once the student understands the concept of self-determination, move on to helping them map out their dreams with action plans.

Families can help at home with these important skills. Bring your child along to their IEP meetings, and allow them to articulate their own future.

None of these solutions are easy to implement. However, both teachers and family members will find that these 3 ways to create an inclusive person-centered IEP will lead to better futures for students with disabilities.

Not an educator or family member? Forward this blog to someone who needs it!

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Create Inclusive Person-Centered IEP - Center For Independent Futures

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At too many IEP meetings, educators focus on student deficits. They get stuck when it comes time to explore a student's strengths. Educators and families alike wonder why these meetings are tense and difficult. Families are constantly fighting to discover and create inclusive spaces for their loved ones.

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Kluth article on inclusion legal blunders

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8-part Series: Writing High Quality IEPs

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Writing quality IEPs is easy with this 8-part guide from Carol Kosnitsky and Frontline Special Education Management tools.

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A student with a disability has the right to a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE). General education is the LRE.

Services are generally portable, and special education is delivered to the student to enable access to FAPE within the LRE to the maximum extent appropriate.

Federal law protects a student's right to FAPE within the LRE in light of a child's circumstances, not for convenience of resource allocation.

No student rights are waived due to the COVID-19 pandemic. The National Association of State Directors of Special Education provides a brief about LRE during the pandemic. The NASDSE brief includes examples of what LRE might look like for students doing distance learning or in a hybrid model of learning.

Full Article
An ill-informed conversation about special education might go something like this:

Is your child in special education?

Oh, so your student goes to school in that special classroom, by the office...in the portable...at the end of the hall...in a segregated Zoom room?

Regardless of whether education is happening in a school building or virtually, this conversation includes errors in understanding about what special education is, how it is delivered, and a student's right to be included with general education peers whenever and wherever possible.

This article intends to clear up confusion. An important concept to understand is in the headline:
Special Education is a service, not a place!
Services are portable, so special education is delivered to the student in the placement that works for the student to receive a Free Appropriate Public Education (FAPE), in light of the child's circumstances. A student with a disability has the right to FAPE in the Least Restrictive Environment (LRE).

General education is the Least Restrictive Environment. An alternative placement is discussed by the student's Individualized Education Program (IEP) team if access to FAPE is not working for the student in a general education setting with supplementary aids and supports.

Here is some vocabulary to further understanding:

FAPE: Free Appropriate Public Education. The entitlement of a student who is eligible for special education services.

IDEA: Individuals with Disabilities Education Act. The entitlement to FAPE is protected by this law that allocates federal funds to support eligible students.

LRE: Least Restrictive Environment. A student eligible for special education services has a right to FAPE in the LRE to the maximum extent appropriate. General education is the least restrictive, and an alternative placement is discussed when data indicate that supplementary aids and supports are not working to enable access to FAPE in general education.

IEP: Individualized Education Program. School staff and family caregivers make up an IEP team. The team is responsible to develop a program reasonably calculated to enable a student to make progress appropriate toward IEP goals and on grade-level curriculum, in light of the child's circumstances. Based on a student's strengths and needs (discovered through evaluation, observation, and review of data), the team collaborates to decide what services enable FAPE and how to deliver those services. Where services are delivered is the last part of the IEP process, and decisions are made by all team members, unless family caregivers choose to excuse some participants or waive the right to a full team process.

Equity: When access is achieved with supports so that a person with a disability has a more level or fair opportunity to benefit from the building, service, or program. For example, a student in a wheelchair can access a school with stairs if there is also a ramp. A person with a behavioral health condition might need a unique type of "ramp" to access equitable learning opportunities within general education.

Inclusion: When people of all abilities experience an opportunity together, and individuals with disabilities have supports they need to be contributing participants and to receive equal benefit. Although IDEA does not explicitly demand inclusion, the requirement for FAPE in the Least Restrictive Environment is how inclusion is built into special education process.

Placement: Where a student learns. Because the IDEA requires LRE, an IEP team considers equity and inclusion in discussions about where a student receives education. General education placement is the Least Restrictive Environment. An IEP team considers ways to offer supplementary aids and supports to enable access to LRE. If interventions fail to enable access to FAPE, the IEP team considers a continuum of placement alternatives-special education classrooms, alternative schools, home-bound instruction, day treatment, residential placement, or an alternative that is uniquely designed.

Supplementary Aids and Supports: The help and productivity enhancers a student needs. Under the IDEA, a student's unique program and services are intended to enable access to FAPE within LRE. Note that an aid or a support-a service that enables access-is not a place and therefore cannot be considered as an aspect of a restrictive placement. Having a 1:1 to support a student, for example, does not violate LRE. This topic was included in the resolution of a 2017 Citizen Complaint in Washington State.

Note that the IDEA protects a student's right to FAPE within LRE in light of a child's circumstances, not in light of the most convenient way to organize school district resources. Placement is individualized to support a student's strengths and abilities as well as the needs that are based in disability.

Tip: Families can remind the IEP team to Presume Competence and to boost a student from that position of faith. If the team presumes that a student can be competent in general education, how does it impact the team's conversation about access to FAPE and placement?
What does FAPE within LRE mean during COVID?
No student rights have been waived at the federal or state level due to the COVID-19 pandemic. Regardless of whether a student with an IEP receives learning from home, at school, or in a hybrid model that includes both, FAPE in the Least Restrictive Environment is a protected right under the IDEA.

The National Association of State Directors of Special Education ( NASDSE) provides a brief about LRE during the pandemic. The NASDSE brief includes examples of what LRE might look like for students doing distance learning and/or receiving some learning within school.

"The removal from the general education environment only occurs if the nature or severity of the disability is such that education in the general education classes with the use of supplementary aides and services cannot be achieved satisfactorily," the NASDSE brief states.

"It is important to note that while the COVID-19 pandemic has not changed the individual student' right to LRE it has changed how the general education system operates. These operational changes require school systems to determine how they will maintain each individual student's LRE in the new context in which they are operating."

Tip: Family caregivers can ask what general education looks like for students in the environment of distance, in person, or hybrid learning and how a special education student is supported to access what all students are receiving.
LRE does not mean students with disabilities are on their own
To deliver FAPE, a school district provides lessons uniquely designed to address a student's strengths and struggles (specially designed instruction). In addition, the IEP team is responsible to design individualized accommodations and modifications.

Accommodations: Productivity enhancers. Examples: adjusted time to complete a task, assistive technology, a different mode for tracking an assignment or schedule, accessible reading materials with text-to-speech or videos embedded with sign language...

Modifications: Changes to a requirement. Examples: an alternative test, fewer problems on a worksheet, credit for a video presentation or vision board instead of a term paper.

Note that accommodations and modifications are not "special favors." Utilizing these is an exercise of disability rights that are protected by the IDEA and civil rights/anti-discrimination laws that include the Rehabilitation Act of 1973 (particularly Section 504 as it relates to school) and the Americans with Disabilities Act (ADA-particularly Title II).
Related Services may support LRE and other aspects of equitable access
An IEP may include related services (occupational therapy, speech, nursing, behavioral health support, parent training, etc.). For some students, related services may be part of the support structure to enable inclusion in the Least Restrictive Environment. If an IEP includes related services, then the IEP team discusses how and where they are delivered.

How related services are delivered during the COVID-19 pandemic requires an IEP team to consider medical concerns within the family and community and options for in-person, in-home and/or online delivery ( telehealth). If related services are included in the IEP, then the school district is responsible to provide them unless an IEP team determines an alternative way to enable access to FAPE.

Here are a few examples of related services during the pandemic:

A medically fragile student requires nursing support while accessing virtual classes with peers (synchronous learning) or while working through a curriculum packet (asynchronous learning). A nurse at home becomes part of the family's "COVID cohort" to meet health and safety guidelines.

A student with behavioral health needs struggles to access distance learning (school refusal), and parents lack skills to support behavior during learning time. The IEP is amended to include parent training for positive behavioral interventions and supports as a related service.

A student with receptive and expressive language deficits needs ongoing speech therapy to continue making meaningful progress on IEP goals and within the general education curriculum. Speech services are provided through telehealth.

A student in homeschool can receive Related Services from district
Note that a student enrolled in a homeschool can dually enroll in the local district to receive Related Services. A district is responsible under the IDEA's Child Find Mandate to seek out and evaluate children who have known or suspected disabilities that may significantly impact access to learning, regardless of whether they are enrolled in public school. Here are resources for more information about homeschool process and requirements:
Questions to consider
Here are a few questions IEP teams might consider when discussing LRE, inclusion, placement, and Related Services during COVID-19:

What does general education look like for same-age peers in the environment of distance, in person, or hybrid learning?

How is a special education student supported to access what all students are receiving?

Is an IEP team meeting needed to discuss the student's placement? (See PAVE's article: Sample Letter to Request an IEP Meeting)

If a student will not return to the school building even if the district opens for some in-person instruction, then does the IEP team need to discuss how to provide access to general education (LRE) and IEP services from a homebound placement?

Does service delivery make room for a flexible schedule? Guidance from the state's Office of Superintendent of Public Instruction (OSPI) provides for adaptability in how attendance is tracked and how a student can demonstrate participation. Likewise, Related Services may need to adapt to fit a schedule that works for a family with multiple considerations.

If delivery of an IEP service is not possible within health and safety guidelines, what else can the school district propose to provide access to learning/FAPE/LRE?

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Special Education is a Service, Not a Place %

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No student rights have been waived at the federal or state level due to the COVID-19 pandemic. Regardless of whether a student with an IEP receives learning from home, at school, or in a hybrid model that includes both, FAPE in the Least Restrictive Environment is a protected right under the IDEA.

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Jorgensen_Best Practices in Annual Goal Development  (2)

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Current as of November 2017
This info in Spanish | Esta información en español

The IEP must contain a statement of the special education and related services and supplementary aids and services to be provided to the child, or on behalf of the child. We've split up the discussion of each of these important elements, because there is so much to say about each. This article focuses on supplementary aids and services.

IDEA's Exact Words

Again, let's start with IDEA's full requirement for identifying the supplementary aids and services a child will need and specifying them in his or her IEP. This appears at §300.320(a)(4) and stipulates that each child's IEP must contain:

(4) A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided to enable the child-

(i) To advance appropriately toward attaining the annual goals;

(ii) To be involved in and make progress in the general education curriculum in accordance with paragraph (a)(1) of this section, and to participate in extracurricular and other nonacademic activities; and

(iii) To be educated and participate with other children with disabilities and nondisabled children in the activities described in this section... [§300.320(a)(4)]

We've bolded the part of IDEA's regulation that specifically mentions supplementary aids and services, because it's important to see the context in which this term is used. It is that context, and IDEA's own definition of supplementary aids and services, that will guide how a child's IEP team considers what services the child needs and the detail with which the team specifies them in the IEP.

The Short Story on Supplementary Aids and Services

Supplementary aids and services are often critical elements in supporting the education of children with disabilities in regular classes and their participation in a range of another school activities. IDEA's definition of this term (at §300.42) reads:

Supplementary aids and services means aids, services, and other supports that are provided in regular education classes, other education-related settings, and in extracurricular and nonacademic settings, to enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate ...

Speaking practically, supplementary aids and services can be accommodations and modifications to the curriculum under study or the manner in which that content is presented or a child's progress is measured. But that's not all they are or can be. Supplementary aids and services can also include:

direct services and supports to the child, and

support and training for staff who work with that child.

That's why determining what supplementary aids and services are appropriate for a particular child must be done on an individual basis.

Examples from the Field

The definition of "supplementary aids and services" was new in IDEA '97. Since then, the field has fleshed out the definition through practice. Numerous states have developed IEP guides that include both the regulatory definition of "supplementary aids and services" and examples to guide IEP teams in their considerations of what a student might need. Here are some examples that the New Mexico Public Education Department (2004) provides online that you may find illuminating:

Supports to address environmental needs (e.g., preferential seating; planned seating on the bus, in the classroom, at lunch, in the auditorium, and in other locations; altered physical room arrangement)

Levels of staff support needed (e.g., consultation, stop-in support, classroom companion, one-on-one assistance; type of personnel support: behavior specialist, health care assistant, instructional support assistant)

Planning time for collaboration needed by staff

Child's specialized equipment needs (e.g., wheelchair, computer, software, voice synthesizer, augmentative communication device, utensils/cups/plates, restroom equipment)

Pacing of instruction needed (e.g., breaks, more time, home set of materials)

Presentation of subject matter needed (e.g., taped lectures, sign language, primary language, paired reading and writing)

Materials needed (e.g., scanned tests and notes into computer, shared note-taking, large print or Braille, assistive technology)

Assignment modification needed (e.g., shorter assignments, taped lessons, instructions broken down into steps, allow student to record or type assignment)

Self-management and/or follow-through needed (e.g., calendars, teach study skills)

Testing adaptations needed (e.g., read test to child, modify format, extend time)

Social interaction support needed (e.g., provide Circle of Friends, use cooperative learning groups, teach social skills)

Training needed for personnel

Making the Short Story Longer

As said above, considering the supplementary aids and supports that a child needs should take into account the academic, extracurricular, and nonacademic environments available to, and of interest to, the child. That pretty much covers the gamut of school settings where children might be engaged in learning, interaction, and development, doesn't it?

The last two elements- extracurricular and nonacademic -are actually new to IDEA in 2004. Consistent with the inclusive nature of the legislation, the final Part B regulations have added the phrase "in extracurricular and nonacademic settings" to the definition of supplementary aids and services and, thus, enlarged the scope of where supplementary aids and services must be provided, as appropriate to the child's needs.

Don't Forget about Accessible Educational Materials

And while we're on the subject of supports that really do support children, since its reauthorization in 2004, IDEA has greatly improved access to instructional materials for blind or other persons with print disabilities-textbooks and workbooks, for example.

Now, print materials are to be rendered into a wide range of accessible formats, including Braille, large print, audio text, or digital text. For students who are blind, or who cannot use standard print materials, having access to a format they can use will be a huge leap forward, educationally.

For more information about obtaining accessible instructional materials, the school's obligation to provide them to students who need them, and how these materials are generated, visit the National Center on Accessible Educational Materials, at:
http://aem.cast.org/

Suppose a Child Needs...

Suppose a child needs a specific supplementary aid or service that's typically provided in separate environments, not in the regular education classroom? Does this mean that the needed supplementary aid or service doesn't have to be provided? Or that the child's placement may then be somewhere other than the regular educational environment?

No, to both questions. The public agency is responsible for providing the supplementary aids and services that the IEP team determines the child needs and lists in the child's IEP in order to enable the child to be educated in regular education settings with nondisabled children to the maximum extent appropriate.

The fact that supplementary aids and services often play a decisive role in whether or not the child can be satisfactorily educated in the regular educational environment makes it all the more important that the public agency meet its responsibility to provide them. If the IEP team has determined that the child can be satisfactorily educated in the regular classroom with the support of a given supplementary aid or service, those aids or services must be specified in the child's IEP and must be provided to the child. (71 Fed Reg. 46588)

Concluding Words

A fair amount of time and space has been devoted to this discussion of supplementary aids and services. For many children with disabilities, these are pivotal elements in their participation in school-related settings, activities, and learning opportunities.

References

New Mexico Public Education Department. (2004). A sampling of supplemental supports aids & services. Retrieved December 6, 2017 from:
http://www.ped.state.nm.us/seo/library/qrtrly.0204.lre.handouts.pdf

**Highly Rated Resource! This resource was reviewed by 3-member panels of Parent Center staff working independently from one another to rate the quality, relevance, and usefulness of CPIR resources. This resource was found to be of "High Quality, High Relevance, High Usefulness" to Parent Centers.
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Would you like to read about another component of the IEP?
If so, use the links below to jump there quickly.
Present Levels
How is the child currently doing in school? How does the disability affect his or her performance in class? This type of information is captured in the "present levels" statement in the IEP.

Annual Goals
Once a child's needs are identified, the IEP team works to develop appropriate goals to address those needs. Annual goal describe what the child is expected to do or learn within a 12-month period.

Related Services
To help a child with a disability benefit from special education, he or she may also need extra help in one area or another, such as speaking or moving. This additional help is called related services. Find out all about these critical services here.

Accommodations in Assessment
IDEA requires that students with disabilities take part in state or districtwide assessments. The IEP team must decide if the student needs accommodations in testing or another type of assessment entirely. In this component of the IEP, the team documents how the student will participate.

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Supplementary Aids and Services (Component of the IEP)

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Current as of November 2017 This info in Spanish | Esta información en español The IEP must contain a statement of the special education and related services and supplementary aids and services to be provided to the child, or on behalf of the child.

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Virtual Data Collection and Progress Monitoring_July 2020

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Page 2: Person-Centered Planning

The staff members at Phelan Jr./ Sr. High use a person-centered planning approach to deliver transition services to students with disabilities. With a person-centered planning approach, the transition services a student receives are defined by the student's needs, focus on the student's individual strengths and capacities, and acknowledge disability-specific issues. The student and the student's family are highly involved in the transition process. Consideration must also be given to the family's cultural and ethnic heritage when using the person-centered approach to transition.

Active Participation in the IEP

Part of person-centered planning also entails the student's participation in the IEP meeting. In general, when students are encouraged to actively participate in their IEP meeting, they should:

Prepare for the IEP meeting

Receive support and encouragement during the IEP meeting

Be provided with follow-up after the IEP meeting

Share information about their disability and accommodations that they find useful.

Provide a summary of their learning strengths and weaknesses, as well as interests and goals

Participate in role-playing activities to help them feel more at ease

After the meeting, the school counselor (or other school personnel) and the student should discuss what he or she viewed as successful and what they would like to do differently in future meetings.

Amy Harris shares her thoughts about the ways in which counselors can help to make the transition process a more person-centered experience for students with disabilities (time: 1:14).

Transcript: Amy Harris

The most important thing is that I want counselors to know that my child is more like other children than different. I think my child has her own individual strengths and needs. She has her own mind and is able to make her own decisions. I think it's important for the counselors to give her choices, to explain the process to her, to include her as much as possible, and to respect her as an individual.

Counselors can start by informing the child about the IEP process. I think the more the child knows about what's going to happen and has the opportunity ahead of time to meet with the counselor so that they can be prepped and be able to share their thoughts--what they wanna talk about in the IEP, what's really important to them, what their goals are, and then an understanding what's going to happen, who's gonna be there, what the agenda's gonna be, how much time is gonna occur, and what the expectations of the students are--I think those should all be set up ahead of time, because otherwise I think you're gonna have a child who's floundering in a meeting and doesn't really understand their role in it.

Establishing Post-Secondary Goals
Transition Planning Domains

Education/ Training

College courses

College preparatory classes

General education and training considerations

On-the-job training

Employment

Employment setting

Military service

Supported employment

Independent Living

Child rearing

Daily living skills

Family life

Financial management

Home management

Transportation

Leisure Pursuits

Community and neighborhood activities

Entertainment

Indoor activities

Outdoor activities

Travel

Community Involvement

Citizenship

Community awareness

Services and resources

Physical and Emotional Health

Maintaining a healthy lifestyle

Scheduling and keeping healthcare-related appointments

Seeking help for emotional issues (e.g., depression) when appropriate

(Close this panel)
At Phelan Jr./ Sr. High School, students should begin the transition process by developing statements describing their future goals in all the major life domains. In some cases, students may require help to create their goal statements; in all cases, students will meet with school personnel to review their goals. School counselors, families, and other staff will use each student's post-secondary goals as a guide to help address his or her curricular and service needs.

Identifying Measurable Post-Secondary Goals

Once students have identified their future goals in the major life domains, they are ready to explore their post-high school choices. The secondary transition planning process should include measurable post-secondary goals for the required areas:

Education/ Training: Goals in this category address education or training for a specific vocation or career. This may include a vocational training program, an apprenticeship, on-the-job training, job corps, a technical training program or college, a two-year college, and a four-year college or university. Goals in this area may also address training for independent living.

Employment: Goals in this category address paid employment (e.g., competitive, sheltered, integrated or supported), unpaid employment (volunteer, in a training capacity), and military service.
integrated (or supported) employment
An employment setting in which the individual with a disability receives necessary support to learn and maintain a job. For example, a job coach would provide one-on-one training, modeling, and feedback to an employee with a disability while also providing the employer with necessary information.

Independent Living: When appropriate, these goals address living independently, managing finances, utilizing transportation, and accessing adult services.
adult services
Services available to individuals with disabilities who meet certain eligibility requirements and that typically include three categories: employment services, social security and health services, and community living and support services. Vocational rehabilitation services and supported employment are examples of adult services. In some cases, these services are provided through agencies that also serve persons without disabilities (e.g., Medicaid, food stamps).

For Your Information

Students should be asked to identify their post-school goals with increasing specificity each school year.

Achieving Measurable Post-Secondary Goals

The transition process typically focuses on academic, employment, and independent living skills. This is particularly important for adolescents or young adults with disabilities because the transition plan often requires:

Collaborative programming between the school and the community (or post-secondary setting)

Direct instruction in natural settings (e.g., job sites, bus stops)

Opportunities to problem-solve strategies and instructional plans

School counselors, teachers, family members, and other individuals contribute to students' attainment of their dreams and aspirations. When family members, significant role models, and school personnel support students with disabilities in developing measurable post-secondary goals for life, more of these goals are reached. Individuals involved in the transition process can help students successfully achieve their post-secondary goals by guiding them through the tasks outlined in the table below.

Deciding

Encourage each student to create goals for his or her life after high school. These goals should be stated in measurable terms. At a minimum, goals should address education/ training, employment, and independent living; however, they may also address other life domains.

Planning

Work with each student to develop a long-term plan that outlines the steps required to achieve his or her future goals.

Preparing

Help the student choose classes and other opportunities that enable the student to obtain needed skills (e.g., job skills, work-related social skills) and competencies needed to achieve his or her goals.

Carrying out the plan

Identify necessary post-school services, supports, or programs and connect the student and his or her family to these services before the student leaves the school system.

Transition Update - Sandra's Goals

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The staff members at Phelan Jr./ Sr. High use a person-centered planning approach to deliver transition services to students with disabilities. With a person-centered planning approach, the transition services a student receives are defined by the student's needs, focus on the student's individual strengths and capacities, and acknowledge disability-specific issues.

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Inclusive Education_ Lessons From History - Educational Leadership

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Inclusive Education_ Lessons From History - Educational Leadership

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Ohio Department of Education and Workforce

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Special Education - The Basics of an Individualized Education Program (IEP)

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Strategies for Transitioning to an Inclusive School Environment_0

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October 2008

Section 504 and Title II - Section 504 of the Rehabilitation Act of 1973 (Section 504) prohibits discrimination on the basis of disability in programs or activities receiving Federal financial assistance. Title II of the Americans With Disabilities Act of 1990 (Title II) prohibits discrimination on the basis of disability by public entities, including public elementary and secondary school systems, regardless of receipt of Federal financial assistance. The Office for Civil Rights (OCR) in the United States Department of Education (Department) has enforcement responsibilities under both of these laws. As part of their disability nondiscrimination mandates, Section 504 and Title II require local education agencies (LEAs) to provide a free appropriate public education (FAPE) to qualified individuals with disabilities in their jurisdiction. See 34 C.F.R. § 104.33 and 28 C.F.R. § 35.103(a).

Section 504 and Title II do not have specific provisions addressing report cards or transcripts. The regulations implementing Section 504 and Title II make clear that in general, Section 504 and Title II prohibit recipients and public entities from treating persons differently on the basis of disability in the provision of aid, benefits, or services. However, recipients and public entities may provide a different aid, benefit, or service to persons with disabilities where necessary to provide an aid, benefit, or service that is as effective as that provided to others. See 34 C.F.R. § 104.4(b)(1)(i)-(iv) and 28 C.F.R. § 35.130(b)(1)(i)-(iv). Among the aid, benefits, and services provided to students and parents are report cards and transcripts. Section 504 and Title II do not contain specific confidentiality requirements, but do prohibit different treatment on the basis of disability. This generally would prohibit unnecessary disclosures of disability status to third parties.

Other federal laws are also relevant.

- Through the Office of Special Education and Rehabilitative Services (OSERS), the Department of Education administers the Individuals with Disabilities Education Act ( IDEA), which provides funds to states to assist in making a free appropriate public education (FAPE) available to eligible children with disabilities. IDEA requirements apply to state education agencies (SEAs), school districts, and other public agencies that serve IDEA-eligible children.

IDEA does not have specific provisions on student report cards or transcripts, but does require that the individualized education program (IEP) for a child with a disability include a description of how the child's progress toward meeting the annual goals set forth in his or her IEP will be measured and when periodic reports on the child's progress toward meeting the annual goals will be provided (such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards). 20 U.S.C. § 1414(d)(1)(A)(i)(III); 34 C.F.R. § 300.320(a)(3). These periodic progress reports may be separate from, or included as part of, the regular report cards of students with disabilities with an IEP. In general, the nondiscrimination principles of Section 504 and Title II would apply to report cards with or without such progress reports.

- The Department's Family Policy Compliance Office implements and enforces the Family Educational Rights and Privacy Act ( FERPA). FERPA protects the privacy interests of parents and students with regard to education records, and generally prohibits a policy or practice of disclosing personally identifiable information from education records without consent unless it is subject to a specific exception.

Disclosures of personally identifiable student information, including disability status, are subject to the protections of FERPA and IDEA. Generally, these statutes require consent prior to disclosures of personally identifiable information contained in education records unless a specific exception applies. See 34 C.F.R. §§ 99.30 - 99.31 of the FERPA regulations and 34 C.F.R. § 300.622 of the IDEA regulations. Both student report cards and student transcripts are considered "education records" under FERPA and IDEA.

While the primary focus of the following questions and answers are the requirements under Section 504 and Title II of the ADA, to the extent that IDEA applies, this law is briefly discussed as well.

Yes. Report cards are provided to parents to indicate their child's progress or level of achievement in specific classes, course content, or curriculum. Consistent with this purpose, it would be permissible under Section 504 and Title II for a report card to indicate that a student is receiving special education or related services, as long as the report card informs parents about their child's progress or level of achievement in specific classes, course content, or curriculum. For instance, a report card for a student with a disability may refer to an IEP or a plan for providing services under Section 504 in order to report on the student's progress on the specific goals in the IEP or plan developed under Section 504.

However, the mere designation that a student has an IEP or is receiving a related service, without any meaningful explanation of the student's progress, such as a grade or other evaluative standard established by an LEA and/or SEA, would be inconsistent with IDEA's periodic reporting requirements, as well as with Section 504 and Title II. Under Section 504 and Title II, in general, the LEA must provide students with disabilities report cards that are as informative and effective as the report cards provided for students without disabilities. See 34 C.F.R. § 104.4(b)(1)(i)-(iv) and 28 C.F.R. § 35.130(b)(1)(i)-(iv). Without more meaningful information, a report card that indicates only special education status provides the student with a disability with a benefit or service that is different from and not as informative and effective as the benefit or service that is provided through the report card for students without disabilities.

In general, yes. LEAs frequently distinguish between general education curriculum classes and other types of programs and classes, such as advanced placement, honors, or remedial classes. Making similar distinctions on report cards would be consistent with the general requirements of Section 504 and Title II that individuals with disabilities may not unnecessarily be treated differently than individuals without disabilities.

See 34 C.F.R. § 104.4(b)(1)(i)-(iv) and 28 C.F.R. § 35.130(b)(1)(i)-(iv). Under Section 504 and Title II, in order to properly reflect the progress of a student with a disability in a modified or alternate education curriculum, an LEA may distinguish between special education programs and
services provided under a modified or alternate education curriculum and regular education classes under the general education curriculum on the student's report card. For instance, where a student's IEP calls for a modified tenth grade literature curriculum to be provided through the special education program, it would be appropriate for the report card to indicate that the student's progress was measured based on the modified education curriculum. This distinction also may be achieved by using an asterisk or other symbol meant to reference the modified or alternate education curriculum as long as the statements on the report card, including the asterisks, symbols or other coding, provide an explanation of the student's progress that is as informative and effective as the explanation provided for students without disabilities.

Yes. Accommodations are generally understood to include aids or adjustments that are part of an IEP or plan developed under Section 504 and that enable the student with a disability to learn and demonstrate what the student knows. In general, accommodations do not affect course content or curriculum. Examples may include sign language interpreters in the classroom, the provision of materials in alternate formats, or extra time on tests. Accordingly, to the extent that the use of notations, asterisks, symbols, or other coding on a report card to indicate that a student with a disability received accommodations is part of the information given to parents about their child's progress or level of achievement in specific classes, course content, curriculum, the IEP, or the plan under Section 504, it is permissible under Section 504 and Title II.

Yes. Nothing in Section 504 or Title II requires that LEAs use any particular format or method to provide information to parents about their child's progress or level of achievement in specific classes, course content, curriculum, IEP, or plan under Section 504. As explained above, under Section 504 and Title II, the LEA must provide students with disabilities report cards that are as informative and effective as the report cards provided to students without disabilities. As noted above, there are also IDEA-specific provisions that require periodic reporting.

Yes. Assigning grades (i.e., achievement or "letter" grades) for a child with a disability based on the student's grade level (i.e., year-in-school) standards would not be inconsistent with Section 504 or Title II. Generally, Section 504 and Title II would require that students with and without disabilities in the same regular education classes in the general education curriculum be graded using the same standards. That is, if an LEA assigns grades to nondisabled students participating in regulareducation classes using grade level standards to reflect progress in the general education curriculum, then theLEAwould also use those standards to assign grades to students with disabilities in those same classes. See 34 C.F.R. § 104.4(b)(1)(i)-(iv) and 28 C.F.R. § 35.130(b)(1)(i)-(iv). Nothing in Section 504 or Title II prohibits SEAs and LEAs from deciding how to establish standards to reflect the progress or level of achievement of students with disabilities who are taught using different course content or a modified or alternate education curriculum. To the extent that a student with a disability is not participating in regular education classes, but is receiving modified course content or is being taught under a modified or alternate curriculum, it would be up to the SEA and/or the LEA to determine the standards to be used to measure the student's progress or level of achievement.

No. A student's transcript generally is intended to inform postsecondary institutions or prospective employers of a student's academic credentials and achievements. Information that a student has a disability, or has received special education or related services due to having a disability, does not constitute information about the student's academic credentials and achievements. Under Section 504 and Title II, recipients and public entities may not provide different or separate aid, benefits, or services to individuals with disabilities, or to any class of individuals with disabilities, unless such action is necessary to provide those individuals with aid, benefits, or services that are as effective as those provided to others. See 34 C.F.R. § 104.4(b)(1)(i)-(iv) and 28 C.F.R. § 35.130(b)(1)(i)-(iv). Notations that are used exclusively to identify a student as having a disability or identify education programs for students with disabilities unnecessarily provide these students with different educational benefits or services. Identifying programs as being only for students with disabilities also would be viewed as disclosure of disability status of enrollees and constitutes different treatment on the basis of disability. Therefore, it would be a violation of Section 504 and Title II for a student's transcript to indicate that a student has received special education or a related service or that the student has a disability.

In addition, prohibiting such preadmission and preemployment disclosures is consistent with the Section 504 regulatory requirements that, in general, postsecondary institutions may not make preadmission inquiries as to whether an applicant for admission has a disability prior to admission, 34 C.F.R. § 104.42(b)(4), nor may employers conduct preemployment medical examinations or make preemployment inquiries as to whether an applicant for employment has a disability prior to an offer of employment, 34 C.F.R. § 104.14.

In general, yes. While a transcript may not disclose that a student has a disability or has received special education or related services due to having a disability, a transcript may indicate that a student took classes with a modified or alternate education curriculum. This is consistent with the transcript's purpose of informing postsecondary institutions and prospective employers of a student's academic credentials and achievements. Transcript notations concerning enrollment in different classes, course content, or curriculum by students with disabilities would be consistent with similar transcript designations for classes such as advanced placement, honors, and basic and remedial instruction, which are provided for both students with and without disabilities, and thus would not violate Section 504 or Title II. This distinction may also be achieved by using an asterisk or other symbol meant to reference the modified or alternate education curriculum. These notations, asterisks, or other symbols indicating a modified or alternate education curriculum are permissible when they do not specifically disclose that a student has a disability, are not used for the purpose of identifying programs for students with disabilities, and are consistent with the purpose of a student transcript.

In general, no. Because the use of accommodations generally does not reflect a student's academic credentials and achievement, but does identify the student as having a disability, it would be a violation of Section 504 and Title II for a student's transcript to indicate that the student received accommodations in any classes. For example, a notation indicating the use of Braille materials is not related to whether that student mastered all the tenth grade objectives for her literature class. The only purpose of such a notation is to identify that student as having a visual impairment. Because accommodations are generally understood to include aids and adjustments to enable a student with a disability to learn and demonstrate knowledge, this notation could identify the student as having a disability and therefore constitute different treatment on the basis of disability.

A transcript for a student with a disability may indicate receipt of a certificate of attendance or a similar document, rather than a regular diploma, under certain circumstances. These circumstances are where this does not disclose that a student has received special education or related services, does not otherwise specifically disclose that a student has a disability (for example, because certificates of attendance are available to both students with disabilities and students without disabilities), is not used for the purpose of identifying programs for students with disabilities, and is consistent with the purpose of a student transcript -- to inform postsecondary institutions and prospective employers of a student's academic credentials and achievements.

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civil rights; disabilities; special education; elementary secondary education; high schools; disabled student services; family educational rights and privacy (ferpa); americans with disabilities act; academic adjustments

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Questions and Answers on Report Cards and Transcripts For Students with Disabilities Attending Public Elementary and Secondary Schools

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This letter provides State education agencies and local education agencies with information regarding disclosure of disability on report cards and transcripts for students with disabilities attending public elementary and secondary schools. Dated October 17, 2008.