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2021- February Agenda Special Education Director-Feb. copy

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Create a new document and edit with others at the same time -- from your computer, phone or tablet. Get stuff done with or without an internet connection. Use Docs to edit Word files. Free from Google.

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Create a new document and edit with others at the same time -- from your computer, phone or tablet. Get stuff done with or without an internet connection. Use Docs to edit Word files. Free from Google.

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Create a new document and edit with others at the same time -- from your computer, phone or tablet. Get stuff done with or without an internet connection. Use Docs to edit Word files. Free from Google.

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Jessica Hoffman, SST 13 Regional Literacy Specialist

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Serving Butler, Clermont, Hamilton, and Warren Counties.

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Community of Practice Special Education Edition

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Community of Practice Progress Monitoring

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Community of Practice Progress Monitoring

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Welcome to the Fall 4 County Taskforce Meeting

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2020 October 20 Special Ed Director's Meeting

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Sept.  Special Education Director's Agenda 

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2020-21  Butler County Special Ed Administrators

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Under the AA Portal, modules are found under Teachers/Test Admin user page-must have TIDE log in to access.

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An online Alternate Assessment for Students with Significant Cognitive Disabilities (AASCD) Test Administrator Certification Course now is available on the alternate assessment portal under the Teacher/Test Administrators and Test Coordinators user pages. Users must have a Test Information Distribution Engine (TIDE) account to access the course.

This course is specific to the AASCD and consists of three training modules and an online quiz that cover the various aspects test administrators will need to know to administer the AASCD. The training modules cover:

Testing Policies and Procedures;

Test Administrator Interface and Data Entry Interface; and

Student Interface.

Each training module must be completed before the next module can be accessed. Once all three training modules are completed, a certification quiz must be completed to be considered AASCD Test Administrator certified. The quiz consists of 10 questions covering material from the three training modules. Users must receive an 80 percent or higher on the quiz for their TIDE accounts to be marked as AASCD Test Administrator Certified. For additional information or questions, please contact AAParticipation@education.ohio.gov.

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Alternate Assessment Test Administrator Certification Course

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An online Alternate Assessment for Students with Significant Cognitive Disabilities (AASCD) Test Administrator Certification Course now is available on the alternate assessment portal under the Teacher/Test Administrators and Test Coordinators user pages. Users must have a Test Information Distribution Engine (TIDE) account to access the course.

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Embracing Vulnerability

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Differentiating Instruction-It doesn't have to be that hard. 

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Differentiating Instruction-It doesn't have to be that hard. 

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Differentiating Instruction: It’s Not as Hard as You Think

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Practical Steps to More Inclusive Practices

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Practical Steps to More Inclusive Practices

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Implementing inclusive teaching strategies in your classroom does not require huge changes or full course redesigns. Nor does inclusive teaching demand the abandonment of favorite classroom techniques, topics, readings or assignments. Rather, it suggests ways to be more intentional about how you deploy those tools to create the best learning environment for your students.

In fact, inclusive teaching practices may not be something totally new; you may already be using many inclusive teaching strategies without specifically calling them such. You can implement them in small steps along a number of paths, as long as your compass is set to intentionality and forethought.

To help instructors better structure their intentional approaches to inclusion in teaching, the Columbia University Center for Teaching and Learning synthesized the research on inclusive teaching into five principles, then added research summaries and suggested teaching strategies to accompany each principle. The five principles, which serve as guideposts for the different paths that lead to inclusive teaching practices, provide instructors some options for their journey, as described in detail in our Guide for Inclusive Teaching at Columbia. Our goal is to offer instructors everywhere many ways to meet their teaching needs through strategies that are guided by these research-based principles.

We encourage all instructors to review the strategies in the five principles below. You can choose what works best for your own teaching style and disciplinary context, students, learning goals and classrooms -- both digital and physical. While all five principles are essential to cultivating an inclusive teaching practice, you do not need to use every teaching strategy to get to inclusive teaching; instructors should adopt the strategies that work best to advance diversity, equity, inclusion and belonging in their distinct teaching contexts.

Principle 1: Establish and support a class climate that fosters belonging for all students. Instructors should recognize and value students' varied identities, experiences and backgrounds and work to create a space where students are both challenged and heard. Research has shown that course climate can influence everything from student engagement in class to student motivation and persistence -- and is strongly connected to how much students learn.
Teaching Strategies

Build instructor-student rapport. Make a point of learning students' names (and how to pronounce them) and get to know students through in-class surveys and activities, office hours, and online chats. Share your passions, interests and personal learning process with students.

Build student-student rapport. Encourage students to work in pairs or groups and share learning experiences.

Treat each student as an individual. Do not expect them to speak for an entire demographic group or make suppositions about their membership in one. Ask for preferred pronouns.

Avoid making assumptions about students' abilities based on stereotypes. Be aware of those stereotypes and work to not perpetuate them.

Convey the same level of confidence in the abilities of all of your students. Be even-handed and cautious about being overprotective of or unduly strict toward any group or individual.

Address challenging classroom behaviors and attitudes, such as microaggressions and offensive and alienating comments. Make it a teachable moment, asking students to reflect critically on assumptions and positions without attributing motives.

See here for other classroom practices related to these teaching strategies.

Principle 2: Set explicit student expectations. Give students clear guidelines for class components, so they know what learning they are accountable for, including how they will be graded and why. Explicit articulation of learning objectives and goals, transparency around performance expectations and criteria-based grading systems empower students to share the responsibility for their learning and to develop growth mind-sets.
Teaching Strategies

Explicitly articulate assessment criteria. Share grading rubrics and practice applying those rubrics to anonymized work. Offer students multiple low-stakes opportunities for demonstrating learning.

Provide timely, clear and actionable feedback that helps students take ownership of their learning.

Establish community agreements and discussion guidelines. Work with students to create those guidelines to promote an inclusive learning environment.

Provide examples of exemplary work. Use those examples to communicate expectations, facilitate understanding, demonstrate discipline-specific skills and help articulate assessment expectations and standards.

Model expected behavior. Adhere to community agreements and display the skills that students are asked to demonstrate in their assessments and assignments.

See here for other classroom practices related to these teaching strategies.

Principle 3: Select course content that recognizes diversity and acknowledges barriers to inclusion. Effective instructors meaningfully consider the role that content plays in creating a learning environment where students see themselves reflected and valued. Content -- broadly defined to include metaphors, case studies, project and assignment topics, statistics and data, as well as textbooks and course readings -- sends powerful messages to students about their place in the discipline and in the courses we teach.
Teaching Strategies

Select content that engages a diversity of ideas and perspectives. Consider whether some perspectives are systematically underrepresented or absent.

Choose content by authors of diverse backgrounds. Discuss contributions made to the field by historically underrepresented groups.

Use multiple and diverse examples that do not marginalize students. Use examples that speak across gender, cultures and socioeconomic statuses, ages, and religions.

See here for other classroom practices related to these teaching strategies.

Principle 4: Design all course elements for accessibility.Recognize the diversity of different learners' abilities and experiences and provide multiple ways for them to engage with course materials and express what they have learned. Using Universal Design for Learning approaches to course design and teaching ensures that all students will be able to demonstrate their learning without unnecessary challenges unrelated to the academic content of the course. Such approaches benefit all learners and eliminate the guesswork for instructors when determining whether the learning experiences they are designing will be both cognitively and physically accessible to everyone.
Teaching Strategies

Provide multiple means of representation and supporting materials (illustrations, glossaries, etc.). Use a variety of modalities and adjustable formats.

Provide multiple means of action and expression. Offer a range of assessments for students to demonstrate learning and frequent opportunities for feedback on progress.

Provide multiple means of engagement. Encourage learner autonomy with choice of topics or assignment formats. Invite students to co-design elements of classroom activities or assignments.

See here for other classroom practices related to these teaching strategies.

Principle 5: Reflect on your beliefs about teaching to maximize self-awareness and commitment to inclusion. Examine your personal assumptions and views. Inclusive teaching requires that you be intentional and explicit about the strategies you want to use in your teaching. Thus, self-reflection is a necessary step for the planning, preparation and implementation of those strategies. Ask yourself the questions outlined below.
Teaching Strategies

What are my identities and how do my students perceive me? Consider your positionality and take inventory of the way your affiliations and identities shape your perceptions of others and their perceptions of you.

What are my implicit or explicit biases? Do I propagate, neutralize or challenge stereotypes in my class? Take an honest inventory of your own conscious and unconscious biases and strive to create an explicitly centralizing classroom climate.

How do I handle challenges in the classroom? Build your awareness of student behaviors (tardiness, lack of preparation, indifference) that trigger strong emotions for you and strategize how to maintain your equilibrium.

How might the ways I set up classroom spaces and activities foster inclusion or disinclusion? Be attentive to your own use of space in the classroom (where you stand and sit, for example) and vary your class activities to offer opportunities for students to participate in large group, paired, small group and individual work.

See here for other classroom practices related to these teaching strategies.

We invite you to reflect on how many of these practices you already use in your classes, as well as to consider any new ones you might want to try based on areas that might need more attention in your teaching. This is not about students' preferences but about how students learn. The practices in the Guide for Inclusive Teaching at Columbiaare based on decades of research that demonstrate how students' perceptions of class climate can significantly impact their learning. The very best result of choosing to teach inclusively -- transparency of intention, explicit conversations about learning and a sharing of power and responsibility for learning between student and instructor -- is that it creates equitable and transformative learning opportunities for all of our students.

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Practical steps toward more inclusive teaching (opinion)

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Implementing inclusive teaching strategies in your classroom does not require huge changes or full course redesigns. Nor does inclusive teaching demand the abandonment of favorite classroom techniques, topics, readings or assignments. Rather, it suggests ways to be more intentional about how you deploy those tools to create the best learning environment for your students.

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How General Educators Can Get More Out of the IEP Team Meeting

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How General Educators Can Get More Out of the IEP Team Meeting

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Leena Landmark is an Associate Professor of Special Education at Ohio University.

As a family member, former special educator, and current teacher educator, I've participated in a lot of Individualized Education Program (IEP) meetings. Many have been productive and resulted in great plans for children, but other meetings-well, not so much. I've seen teachers and administrators rush in and out, grade papers, text, and scarcely acknowledge the student or parents during IEP meetings. I've also seen parents look discouraged and passively respond only when spoken to.

If the IEP meeting serves only as a cursory time for the involved parties to sign in agreement, I can understand why some educators and parents aren't engaged during the time spent at the actual IEP meeting. In particular, I understand the time constraints educators have. Writing lessons, preparing materials, contacting parents, attending meetings, and doing other duties as assigned take teachers away from their favorite part of the job-actually teaching the kids. Yet, by participating more actively in your students' IEP meetings you have the opportunity to develop relationships with the student and the parents that might not have happened otherwise. A caring educator at an IEP meeting shows the child and parents that you really do have an interest in helping the child be successful. When students and parents feel that an educator cares, they are more supportive of that educator.

Attending IEP meetings can help you learn about what works for the child's other teachers. Even if you are successfully educating the child, you might pick up some tips to use with other students in your classes.

Participating in IEP meetings also allows you to learn more about the levels of functioning of the child. Most students with IEPs undergo comprehensive evaluations every three years to determine eligibility for special education services, and part of this eligibility is the determination of the child's educational needs. This information can help you better understand the child's strengths and needs academically, developmentally, and functionally. Finally, attending IEP meetings can help you learn about what works for the child's other teachers. Even if you are successfully educating the child, you might pick up some tips to use with other students in your classes.

Importance of the IEP

As the general educator, you have an essential role in the IEP team, but to really understand this importance, you need to understand the value of the IEP.

Prior to the Education of All Handicapped Children Act of 1975 (now known as the Individuals with Disabilities Education Improvement Act [IDEA] of 2004), children with disabilities could be excluded from school. With the passing of this legislation, children with disabilities were guaranteed a free appropriate public education (FAPE). There are two criteria typically used to determine if a child is receiving FAPE: compliance with IEP procedures and receipt of meaningful educational benefit (Yell, Katsiyannis, Ennis, Losinski, & Christle, 2016). General educators impact both of these.

For most students with disabilities, FAPE is provided in the general education classroom. For the few children who are not educated in the general education classroom, there's still an expectation the child will be involved and progress in the general curriculum. Because the IEP meeting is the time the IEP team members come to agreement about how to provide the child with FAPE, it's important that the person who knows the most about the general education curriculum (i.e., YOU, the general educator) actively participates in the meeting. Indeed, the input and participation of the general educator in the IEP is an area of compliance that could impact a student's receipt of FAPE.

Another way general educators impact meaningful educational benefit (and thus, FAPE) is by helping the special educator understand how well the child is performing in the general curriculum. Special educators draft annual goals based on the child's Present Levels of Academic Achievement and Functional Performance (PLAAFP). PLAAFPs identify the current levels of performance and the impact the disability has on learning in the general curriculum. There should be a direct relationship between the PLAAFPs and annual goals. PLAAFPs are gleaned from a variety of sources including classroom observations, work samples, and input from the child's teachers (PACER Center, n.d.). A well-written, data-based PLAAFP statement is necessary to write a meaningful, measurable annual goal, and general educators have a vital part in this process.

Before the IEP Meeting

Provide Input

Although special educators are generally charged with drafting the PLAAFPs and annual goals, they need input from the general education teachers to do so. Depending on your school and special education teachers, the data needed from the general education teacher may be gathered in various ways (e.g., pre-IEP meetings between the special and general educators, questionnaires completed by the general educator, or discussions during the IEP meeting). Regardless if the special educator requests this information before the IEP meeting or during the IEP meeting, as the general educator, it is helpful for you to be prepared to provide this feedback and information.

When you receive the notice that an IEP meeting is scheduled, you can begin to compile the information the special educator will need to write the PLFAAP statement and annual goals for your content area. At a minimum, this information should be about how the child is performing in your class (i.e., progressing in the general education curriculum); any recommendations you have regarding annual goals, accommodations, or modifications; and any concerns you have. When preparing this feedback, keep in mind that you need to compare how the child is performing in the general education curriculum for your content area to how the typically developing peer performs so the special educator can write the data-based PLFAAP statements.

During the IEP Meeting

Be Present

If possible, arrive at the IEP meeting on time. By arriving on time you convey your understanding of the importance of the IEP and everyone's time who is attending. If you do arrive late or leave before the end of the meeting, sincerely apologize to the parent and the child. During the meeting, make a point to really focus on being present. Clear your mind. Don't read something else or grade papers, and don't tell the IEP team you are rushed. In other words, do only one thing-participate in the meeting.

Communicate Respectfully

Occasionally, IEP meetings can be tense and uncomfortable. Some parents may become emotional, whereas other parents may appear passive. Hopefully, the parents are active and equal participants in the IEP meeting. No matter their demeanor during the meeting, parents appreciate you telling them the truth about how their child is functioning in your class. Just like any other time you communicate with parents, it's best to start with something positive about the child before discussing areas for improvement. Because of special education's roots in the medical model, IEP meetings tend to focus on children's deficits. Thus, over the years parents have likely experienced many meetings with educators in which their child's deficits are illuminated. Remember, this child is precious to the parents, and they are sending you the very best child they have. A kind and sincere statement about the child's strengths will always be appreciated.

When communicating with the parents and the other members of the IEP team, carefully choose your words because the words you use can either hurt or empower others. For example, instead of saying a child has weaknesses in a particular area, say the child has areas for improvement. Again, IEP meetings can be very draining to parents when all they hear is how behind or difficult their child is.

Because of special education's roots in the medical model, IEP meetings tend to focus on children's deficits. A kind and sincere statement about the child's strengths will always be appreciated.

Another tip is to use People First Language (Snow, 2009), even if the parents do not use it. People First Language focuses on the person instead of the characteristic of the disability. Examples of People First Language include student with a learning disability instead of learning disabled student and child with autism instead of autistic child. Although not every person with a disability prefers People First Language, as an educational professional, we should use People First Language unless someone with a disability directly asks us not to. Finally, don't use the word retard or its derivatives to refer to yourself or someone else who makes a mistake (e.g., I forgot the meeting was today. I'm such a retard!).

Ask Questions

Finally, if you don't understand a term used by another IEP team member during the meeting, it's likely the parent doesn't understand the term either-so ask for clarification. The parent will be relieved that you asked about a confusing term. The other professionals at the meeting will appreciate your willingness to learn.

After the IEP Meeting

Refer to the IEP Document When Planning

If you weren't given a copy of the relevant annual goals, accommodations, and modifications pertinent to your class shortly after the IEP meeting, ask the special educator for them. When a student with an IEP is in your class, you are the teacher of record for that student. Even if you have a paraprofessional in your classroom to assist the child, it is still your responsibility to develop the instruction for the student (the paraprofessional can implement the instruction under your supervision). This means you are responsible for implementing the IEP as it pertains to your class. When writing your lesson plans, refer to the child's goals, accommodations, and modifications so you can incorporate them into your lessons. If there is something you don't understand in the IEP document, ask the special education teacher for assistance.

Track the Child's Progress

Data were used to write the PLFAAP and annual goals, and data must be used to determine if the student is making progress toward meeting those goals. This means the child's teachers need to have a way to keep track of the data needed to determine if progress is being made. For some annual goals and corresponding objectives/benchmarks, the student's grades on assignments may be sufficient data to show progress. For other students, different types of data sources may need to be used. Take the following goal, for example: When interacting with peers, Leslie will maintain at least 2 verbal interactions for 20 seconds each with a peer during recess on 3 of 5 days each week based on direct observation by the teacher. A special educator can help you set up a simple system of tracking the data needed for this goal.

If an accommodation or modification is not working, if the student is not making progress toward their goals, or if an accommodation or modification is no longer needed, contact the special education teacher. It's very important that the accommodations and modifications listed in the child's IEP document be implemented in the classroom. If an accommodation or modification needs to be changed, that can easily be done.

Conclusion

Using the tips provided to actively participate before, during, and after the IEP meeting can help you get the most out of your students' IEPs, thereby helping your students get the most out of their educations. Remember: as the general educator, you are the content expert, and the special educator is the individualization expert. Children who have IEPs need both kinds of teachers. The entire IEP team is available to help you help your students achieve their educational goals. ♦
References
Individuals with Disabilities Education Improvement Act (IDEIA) of 2004, PL 108-446, 20 U.S.C. § 1400 et seq. (2004).

PACER Center. (n.d.). A place to start: Understanding the present level of academic achievement and functional performance statement. Action Information Sheets: PACER. Retrieved from http://www.pacer.org/parent/php/PHP-c186.pdf

Snow, K. (2009). Examples of People First Language. Retrieved from https://www.disabilityisnatural.com/people-first-language.html

Yell, M. L., Katsiyannis, A., Ennis, R. P., Losinski, M, & Christle, C. A. (2016). Avoiding substantive errors in individualized education program development. TEACHING Exceptional Children, 49(1), 31-40.

There's more where this came from.
Join my mailing list and get weekly tips, tools, and inspiration-in quick, bite-sized packages-all geared toward making your teaching more effective and fun. To thank you, I'll send you a free copy of my e-booklet, 20 Ways to Cut Your Grading Time in Half. I look forward to getting to know you better!

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How General Educators Can Get More Out of IEP Meetings

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Participating more actively in your students' IEP meetings benefits the child, their parents, and you.

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SST 13 Special Education Profile PD - Overviews & specialized sessions dates/times listed below by Megan Horstmeier | This newsletter was created with Smore, an online tool for creating beautiful newsletters for individual educators, schools and districts

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SST 13 Special Education Profile PD - Overviews & specialized sessions dates/times listed below by Megan Horstmeier | This newsletter was created with Smore, an online tool for creating beautiful newsletters for individual educators, schools and districts

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Helping districts ensure all students graduate!

Come hear the latest on the new graduation requirements and how neighboring districts are creating systems to ensure that all students, focusing on students with disabilities, have access to a graduation path.

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Graduation Series - Presented by Megan Horstmeier at SST 13 by Megan Horstmeier | This newsletter was created with Smore, an online tool for creating beautiful newsletters for educators, nonprofits, businesses and more

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Helping districts ensure all students graduate!

Come hear the latest on the new graduation requirements and how neighboring districts are creating systems to ensure that all students, focusing on students with disabilities, have access to a graduation path.

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Graduation Series - Presented by Megan Horstmeier at SST 13 by Megan Horstmeier | This newsletter was created with Smore, an online tool for creating beautiful newsletters for educators, nonprofits, businesses and more

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Agenda Special Education Director-March copy

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Get access to files anywhere through secure cloud storage and file backup for your photos, videos, files and more with Google Drive.

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SPP Spring Sessions-all invited for PD purposes

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SPP Spring Sessions-all invited for PD purposes

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Upload SRSR/IP plans into Monitoring Site

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Upload SRSR/IP plans into Monitoring Site

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The Ohio Department's fifth annual Literacy Academy is being offered virtually. Please access this year's content through Literacy Academy Live.

Literacy Academy on Demand provides access to professional learning developed for the 2021 Literacy Academy in collaboration with national literacy experts.

Literacy Academy Live is an opportunity for every educator across the state to interact with livestream keynote conversations by national literacy experts.
Resources

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The Ohio Department's fifth annual Literacy Academy is being offered virtually. Please access this year's content through Literacy Academy Live. Literacy Academy on Demand provides access to professional learning developed for the 2021 Literacy Academy in collaboration with national literacy experts.

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Remote Learning Pathways Considerations defined

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Remote Learning Pathways Considerations defined

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Reading and Math MTSS Structures-full day; AM Math, PM Reading 4/29

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Reading and Math MTSS Structures-full day; AM Math, PM Reading 4/29

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Part B-C for transitioning to school aged students

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5/4

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a student who moved into a district who attended Ohio Connections Academy.  Under section 7, location of service, it states virtual, home-based classroom.  He is planning to start school in person in our district on Monday.

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Student Information on Transcripts/Report Cards

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Student Information on Transcripts/Report Cards

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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.

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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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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.

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This is not recommended to be in letter format, but the wording can be used to support you in writing a PWN.

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Updated Non Public Students for Special Education (1)

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5/7/21