Assistive Technology: Legislation and Legal Issues

Developing special education programs that confer a free appropriate public education (FAPE) for students with disabilities has been a challenge for local education agencies since the Individuals with Disabilities Education Act (IDEA) was first passed in 1975. Developing a FAPE has been particularly challenging when students require assistive technology (AT) services or devices to meet their unique educational needs. In this article, we consider how students' individualized education program (IEP) planning teams have met this challenge by examining administrative and judicial rulings on the use of AT services and devices by students' with disabilities. Specifically, we first examine rulings from 2005 to the first half of 2013 regarding the IDEA, FAPE, and AT. Second, we explore how courts have interpreted the AT obligations of educational agencies with a focus on cases in which parents were the prevailing party. Primary reasons for school district losses in these cases include failing to: (a) provide AT assessments (b) address AT needs, (c) provide the AT devices or services specified in a student's IEP, (d) properly implement AT services. We end by discussing the implications of these court decisions for school districts use of AT services and devices with students in special education.     

English language learners with reading-related LD: linking data from multiple sources to make eligibility determinations

Results are reported for an exploratory study of eligibility decisions made for 21 Spanish-speaking English language learners (ELLs) with learning disabilities (LD) and no secondary disabilities who received special education support in reading. Eligibility determinations by an expert panel resulted in decisions that differed significantly from those of school multidisciplinary teams. The panel agreed that some students appeared to have reading-related LD (n = 5) but also identified students that they believed had disabilities, but not necessarily reading-related LD (n = 6). Another group of students (n = 10) had learning problems that the panel believed could be attributed to factors other than LD or for whom substantive additional data would be required to validate eligibility. Issues associated with referral, assessment, and eligibility determinations for ELLs are discussed, and recommendations for improving practice are offered, with an emphasis on the importance of linking data from multiple sources when deciding whether ELLs qualify for special education.     

A better IDEA: best practice and outcomes‐oriented remedies in public impact litigation for students with disabilities

Class action lawsuits filed in violation of Individuals with Disabilities Education Act (IDEA) raise questions for those concerned with improving the education system for students with disabilities. First, do the lawsuits result in changes that can be directly linked to improved student outcomes? Second, do these lawsuits and the ‘consent decrees’ that settle them refer to best practices in educating children with disabilities? To date, no study has examined the remedies ordered as a result of these lawsuits in the disability education context, or proven how different types of remedies can impede or facilitate progress for students with disabilities. Class action lawsuits under IDEA filed in large, urban school districts between 1990 and 2011 and the remedies ordered under the final agreement were reviewed. This review suggests that the lawsuits against large, urban school districts tend to result in remedial activities that focus more on planning, supporting and monitoring than on outcomes or evidence‐based practice.     

Assessing the needs of training on inclusive education for public school administrators

This study assessed the needs of urban school leaders for special education preparation in a large public school district in the USA in order to assist the school administrators with improving their knowledge and skills for providing appropriate services to students with disabilities and their families to support inclusive education. The needs survey was created based on the Council for Exceptional Children (CEC 2009) standards for school administrators in the USA and the literature in special education. The validity and reliability of the instrument were verified. The needs assessment measures 10 aspects regarding special education knowledge and skills as indicated by 10 factors in the exploratory factor analysis. Quantitative data analyses on a sample of 289 participants revealed that there were significant differences in the needs of training in special education knowledge based on the school administrators’ backgrounds. The current research supports the call for the professional development and inclusive education for school leaders. The findings of the current study indicated that school leaders wanted the knowledge to make them more successful in serving students with disabilities to answer the call for inclusive education.     

The “Two Percent Students”: Considerations and Consequences of Eligibility Decisions

Since the 2001–02 school year, the accountability provisions of the No Child Left Behind Act (NCLB) have shaped much of the work of public school teachers and administrators in the United States. NCLB explicitly prohibits schools from excluding students with disabilities from the accountability system and requires not only participation of all students in statewide accountability assessments but also reporting of the results for students with disabilities along with other students and as a disaggregated group. From the beginning of these requirements, lawmakers recognized that there would be a small group of students with disabilities for whom the regular assessment, even with accommodations, would not be appropriate and they authorized states to develop an alternate assessment based on alternate achievement standards (AA-AAS) for this group of students. More recently, responding to pressures from the field, additional flexibility has been granted to develop an additional alternate assessment based on modified grade-level achievement standards (AA-MAS) for students with disabilities who present with persistent academic difficulties. It is expected that approximately 2% of the total student population might be included in this new alternate assessment. This article examines the decisions that need to be made by individual states to determine the target population for this new alternate assessment and the policy implications of these decisions.     

Viable Alternatives for Students With Disabilities: Exploring the Origins and Interpretations of LRE

In the flux of restructuring schools toward higher student outcomes, the challenge is tremendous for educators to provide, with confidence and integrity, a free appropriate public education (FAPE) in the least restrictive environment (LRE) as required by law for their students with disabilities. This inquiry is intended to further a deeper understanding of the principles that undergird placement decisions by examining the relation over time between the Individuals With Disabilities Education Act requirements for an appropriate education for learners who are exceptional and the restrictiveness of the educational environments in which they have been served. LRE is examined through sociopolitical, legal, and educational data and illustrated through interviews with several of the law's developers, contemporary theorists, and parental advocates. It is argued that concerns about placement in the LRE have dominated the special education discourse, obscuring and distorting the preeminent issue of individually appropriate instruction. It is concluded that the legal meanings of FAPE and LRE remain unchanged but that the complexity of the dynamic LRE concept has defied consistent understanding and application. In conclusion, principles of practice grounded in the conceptual foundations of special education are offered to build the capacity of individualized educational program/placement teams as they seek to provide a full educational opportunity for each student with a disability.     

Education towards self‐actualization and interdependence

This study examined whether gifted students in Texas who had learning disabilities were being identified for gifted programs. Results from a survey of gifted program coordinators (n = 388) demonstrated that few school districts (n = 75) reported selecting gifted children with learning disabilities for gifted programs. However, districts that did modify their selection process in order to include these children as well as school districts that identified more than 5% of their students for gifted programs were the most likely to include children with learning disabilities.     

Characteristics of School Districts That Participate in Rigorous National Educational Evaluations

Given increasing interest in evidence-based policy, there is growing attention to how well the results from rigorous program evaluations may inform policy decisions. However, little attention has been paid to documenting the characteristics of schools or districts that participate in rigorous educational evaluations, and how they compare to potential target populations for the interventions that were evaluated. Utilizing a list of the actual districts that participated in 11 large-scale rigorous educational evaluations, we compare those districts to several different target populations of districts that could potentially be affected by policy decisions regarding the interventions under study. We find that school districts that participated in the 11 rigorous educational evaluations differ from the interventions' target populations in several ways, including size, student performance on state assessments, and location (urban/rural). These findings raise questions about whether, as currently implemented, the results from rigorous impact studies in education are likely to generalize to the larger set of school districts—and thus schools and students—of potential interest to policymakers, and how we can improve our study designs to retain strong internal validity while also enhancing external validity.     

Making Accountability Really Count

Standards-based education has now reached a stage where it is possible to evaluate its overall effectiveness. Several earlier papers in the special issue of Educational Measurement: Issues and Practice on "Test Scores and State Accountability" (Volume 24, Number 4) examined specific state policies and their effects on schools and students. This paper provides a context for understanding state accountability policies by briefly sketching the history of America's standards movement. It then situates the findings of the four special issue papers in the context of theories of how state policies exert their influence, focusing on school capacity building, governmental authority, and educator motivation. Broader forms of assessment may be needed to meet the goals of the standards effort. Several kinds of evidence that could better ground state decisions in knowledge of the actual functioning of schools and districts are suggested.     

Teaching English Language Learners At Risk for Reading Disabilities to Read: Putting Research into Practice

The purpose of this article is to describe features of interventions that are empirically validated for use with first‐grade students at risk for reading disabilities who are English language learners (ELLs) and whose home language is Spanish. The empirical evidence supporting these interventions is summarized. Interventions for improving oral language and reading abilities with struggling readers who are ELLs taught in either Spanish or English are described as a means to assist school districts and teachers in defining and implementing effective interventions for ELLs at risk for reading difficulties. The interventions described may be useful to educators seeking information about Response to Intervention as a means of identifying ELLs who require services for learning disabilities.     

Co‐Teaching in Middle School Classrooms Under Routine Conditions: Does the Instructional Experience Differ for Students with Disabilities in Co‐Taught and Solo‐Taught Classes?

Co‐teaching is a popular strategy for implementing the inclusion of students with disabilities within secondary general education classrooms. However, we have little data regarding its effectiveness under routine conditions of educational practice. This study examined whether there was an “additive effect” of the special education teacher on the instructional experiences of students with disabilities as compared with the experiences of the same students taught by only the general education teacher under routine conditions. Observers used time sampling methods to document how students with disabilities spent their time in 11 middle school co‐taught classes. Statistically significant differences were found for targeted students in terms of general education teacher interaction and individual instruction. General education teachers spent significantly less time with students with disabilities when the special education teacher was present. In addition, students with disabilities received significantly more individual instruction when the special education teacher was present. However, these differences were of limited practical significance.     

EVOLUTION,NOT REVOLUTION: SCHOOL PSYCHOLOGISTS’ CHANGING PRACTICES IN DETERMINING SPECIFIC LEARNING DISABILITIES

The profession of school psychology has been impacted by the response to intervention (RTI) model in various ways. RTI data are being used to make decisions regarding academic and behavioral interventions and to make eligibility determinations in comprehensive evaluations conducted by multidisciplinary teams. A survey of almost 400 school psychologist practitioners reveals a changing landscape in terms of school psychologists’ methods of determining eligibility for specific learning disabilities (SLD) in RTI site and non‐RTI site schools. The survey also brings to light differences between numbers of initial evaluations and levels of challenge and job satisfaction. Implications of these changes and future directions for research are discussed.     

Pragmatic language skills of students with language and/or learning disabilities: a quantitative synthesis

A meta-analytic review of 33 studies investigating the pragmatic language skills of 3- to 12-year-old students with language disorders, language-learning disabilities, or learning disabilities as compared with the pragmatic language skills of nondisabled peers was conducted. The students with language and/or learning disabilities demonstrated consistent and pervasive pragmatic deficits in conversation compared to non-disordered peers (mean effect size = -0.52; SE = 0.06) across settings, conversational partners, age groups, and types of pragmatic skills measured. The pragmatic differences between the students with language or learning disabilities and control groups could not be accounted for by differences in study methodology or design. Furthermore, these pragmatic deficits appeared to be more attributable to underlying language deficits than to insufficient social knowledge. These findings are consistent with the perspective that students with learning disabilities can also be described as language disordered, and that children with language disorders experience a continuum of language failure that may be manifested in different ways as they progress through school.     

Instructional Settings in Science for Students with Disabilities: Implications for Teacher Education

Finding appropriate instructional settings in science for students with disabilities is challenging, and the range of services or placements used is currently unknown. This study identifies administrative structures, instructional settings, and special/general education teacher roles in teaching science to students with disabilities. A phone survey was conducted with special education coordinators of fifth graders in 137 districts in Texas. Survey data indicated that while nearly all districts reported special education settings for the instruction of science for students with disabilities, some districts provided only general education settings. Theoretical and practical implications for teacher preparation are discussed.     

Determining Appropriate Accommodations for Postsecondary Students with Reading and Written Expression Disorders

One of the most significant barriers facing postsecondary students with reading and written expression disorders who are eligible to receive specific accommodations is the lack of professional knowledge pertaining to issues surrounding accommodations. Though guided by Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act, the process by which accommodation decisions are made varies considerably across institutions of higher education. Given the recent rise in litigation surrounding the practice of how accommodations are determined as well as the increasing number of postsecondary students with reading and writing disabilities who are requesting accommodations, it is imperative that accommodation decisions be defensible and supported by empirical research. The purpose of this article is to provide an overview of current research on the effectiveness of accommodations for postsecondary students with language‐based learning disabilities, discuss important considerations in the accommodation selection process, and offer recommendations for future research.     

The Readability and Complexity of District-Provided School-Choice Information

Public school choice has become a common feature in American school districts. Any potential benefits that could be derived from these policies depend heavily on the ability of parents and students to make informed and educated decisions about their school options. We examined the readability and complexity of school-choice guides across a sample of large urban districts. These guides are intended to assist parents in learning about their child's options and to help them make informed decisions about schools. We found that none of the guides examined were written within the range considered appropriate for all adults to comprehend. In large urban districts where there are a large proportion of parents that have low levels of literacy, it is likely that many parents will have difficulty comprehending the information presented in the choice guides. We provide some simple steps that could be taken to improve readability of these guides.     

UNDERSTANDING TEST‐TYPE ASSIGNMENT: WHY DO SPECIAL EDUCATORS MAKE UNEXPECTED TEST‐TYPE ASSIGNMENTS?

We interviewed special educators (a) whose students with disabilities (SWDs) were proficient on the 2008 general education assessment but were assigned to the 2009 alternate assessment based on modified achievement standards (AA‐MAS), and (b) whose students with mild disabilities took the 2008 alternate assessment based on alternate achievement standards (AA‐AAS) and then the 2009 AA‐MAS. We explored teachers’ rationales for test‐type assignment, student characteristics, and quality of instruction to determine the test‐type decisions’ appropriateness. All teachers based their decisions on combinations of factors in the guidelines plus subjective and noninstructional factors. Findings raised concerns about the subjectivity of the assessment assignment system and the inappropriate grade‐level instruction for SWDs. Future research, implications of these findings, and limitations are discussed.     

The Implications of Inclusive Schooling for School Libraries

School library provision for students with disabilities was evaluated in a four year study completed in 1999. The study focussed on the relationship between library and special education staff, and the effect this had on access to library services and the acquisition of information literacy by students with disabilities. Empirical data reflecting the current level of service provision in two Australian states was collected in a survey. This data was complemented by observations and interviews with special education and library staff and students in 15 case study schools. The research showed that as the number of students with disabilities enrolled in mainstream schools was increasing, school librarians had to be aware of the needs of these students, in order to provide them with adequate library services. Although examples of good practice were found, there is need for improvement in service delivery for these students. Much of this could be achieved by enhanced communication and cooperation between school librarians and special education teachers.     

Common Core Science Standards: Implications for Students with Learning Disabilities

The Common Core Science Standards represent a new effort to increase science learning for all students. These standards include a focus on English and language arts aspects of science learning, and three dimensions of science standards, including practices of science, crosscutting concepts of science, and disciplinary core ideas in the various subject areas. Many of these issues bring important implications for students with learning disabilities, which we discuss in turn. With appropriate supports and applications, students with learning disabilities can potentially benefit greatly from these new standards. However, the demands of these standards may require a higher level of support than those commonly available for many students with learning disabilities.