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A truly comprehensive, teacher- and parent-friendly guide to creating clear and effective IEPs With the skyrocketing diagnoses of ADHD, autism spectrum disorders, and related conditions in U.S. schools, there is a growing need for information on creating effective IEPs for exceptional students. The IEP From A to Z is a step-by-step guide showing teachers and parents how to get the right education plan in place for students with ADHD, Autism/Asperger's, Emotional/Behavioral Disturbance, and related conditions. * Provides easy-to-understand explanations of the special education process along with a wealth of sample effective IEPs * Explains what is most important for educators and parents to keep in mind during IEP development * Provides content area-specific sample goal and objective templates, general teaching tips for maintaining the IEP, and useful resources From nationally recognized experts in the special education field, this book guides readers through the process of writing thoughtful, intelligent Individualized Education Plans that deliver high-quality, need-based educational programming to exceptional students.
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Seitenzahl: 313
Veröffentlichungsjahr: 2011
Table of Contents
More Praise for The IEP From A to Z
Jossey-Bass Teacher
Title Page
Copyright
Dedication
Acknowledgments
The Authors
Foreword
Authors' Note
Epigraph
Introduction
Part One: Essential Elements of the IEP
Chapter 1: Past Perspectives and Present Practices
A New Decade, New Changes
A New Century, New Changes, and a New Name
IDEA 2004 Requirements
Wrapping Up the Main Points
Chapter 2: The “Gold Standard” for Setting Goals and Measuring Progress
The PLP Statement Under IDEA 2004
Wrapping Up the Main Points
Chapter 3: Setups for Successful Performance
Underlying Conditions and Performance
An Underlying Condition and Goal for Teachers and Clinicians
The Importance of the Underlying Condition on the IEP
Variations
Underlying Conditions Versus Methodology
Underlying Conditions Versus Prompts
Examples of Underlying Conditions
Wrapping Up the Main Points
Chapter 4: Methodology: No Longer a Sacred Cow
Influences from the Past
In Search of Clarity
A Means-Ends Proposition
Examples from the Trenches
More Examples of Underlying Conditions
Wrapping Up the Main Points
Chapter 5: Scaffolding Student Success
Determining Criteria
Delineating Behaviors
Measurement Criteria: A Numbers Game
Specifying Prompt Levels
A Prompt Hierarchy
Wrapping Up the Main Points
Chapter 6: The Case for Generalization
Generalization Differences Between ASD and Other Conditions
Nuts and Bolts
Documenting the Protocol
Wrapping Up the Main Points
Chapter 7: Getting to the Heart of the Matter: How to Write Meaningful Goals and Objectives
Distinguishing Between Short-Term Objectives, Benchmarks, and Goals
Measuring Short-Term Objectives, Benchmarks, and Goals
The IEP as a System of Interdependent Components
Wrapping Up the Main Points
Chapter 8: Measuring Student Performance: More than a Simple “Numbers Game”
What Is the Purpose of Data Collection?
How Often Does Data Really Need to Be Taken?
When Is Quantitative Measurement Appropriate?
When Is Qualitative Measurement Appropriate?
Wrapping Up the Main Points
Chapter 9: In the Shadow of No Child Left Behind
A “Place” Called LRE
State and Districtwide Assessments
Accommodations Versus Modifications
Related Services and Supplementary Aids and Services
Wrapping Up the Main Points
Part Two: Moving from Theory to Practice
Chapter 10: Tools for Assessment and Decision Making
Assessing Appropriately
Determining Priority Educational Needs
Attending to the IEP Essential Elements
Overview of Remaining Chapters
Wrapping Up the Main Points
Chapter 11: Comprehension: The Power That Fuels Expression
Rationale for Including Skill Category
Present Levels of Performance for Comprehension
Content Area: Concept Development
Content Area: Verbal Language/Information Processing
Content Area: Vocabulary Development
Content Area: Nonverbal Cues and Signals
General Teaching Tips and Strategies for Comprehension
Chapter 12: The Many Different Faces of Expression
Rationale for Including Skill Category
Present Levels of Performance for Communication, Expression, and Narrative Skills
Content Area: Joint Attention
Content Area: Pragmatic Functions of Communication
Content Area: Repairing Communication Breakdowns
Content Area: Conversational Rules
Content Area: Narrative Development
General Teaching Tips and Strategies for Communication, Expression, and Narrative Development
Chapter 13: All Things Social
Rationale for Including Skill Category
Present Levels of Performance for Social Cognition, Play, and Leisure Skill Development
Content Area: Social Cognition
Content Area: Theory of Mind
Content Area: Play Skills Development
Content Area: Leisure Skill Development
General Teaching Tips and Strategies for Social-Cognition, Play, and Leisure Skill Development
Chapter 14: Executive Function: The Pinnacle of Cognitive Development
Rationale for Including Skill Category
Present Levels of Performance for Executive Function
Content Area: Transitioning
Content Area: Goal-Directed Behavior
Content Area: Self-Monitoring
Content Area: Planning/Time Management
Content Area: Working Memory
General Teaching Tips and Strategies for Executive Function Skills
Chapter 15: Critical Thinking: An Essential Life Skill
Rationale for Including Skill Category
Present Levels of Performance for Critical Thinking Skills
Content Area: Basic Critical Thinking Skills
Content Area: Inferences
Content Area: Problem Solving
Content Area: Analyzing and Synthesizing Information
Content Area: Drawing Conclusions
Content Area: Determining Relevance
General Teaching Tips and Strategies for Critical Thinking Skills
Epilogue
Appendix A: Tips for Teaching Skill Development and Generalization
Appendix B: Helpful Teaching Resources
Communication and Language Development
Critical Thinking Skills Development
Executive Function Skills Development
Narrative Skills Development
Nonverbal Learning Skills Development
Play Skills Development
Social-Emotional Skills Development and Anger Management
Social Skills Development
Theory of Mind Intervention
Behavior Intervention
Autism- and Asperger Syndrome–Specific General Information Resources
References
Index
More Praise for The IEP From A to Z
“This is a must-own manual for anyone involved in IEP development and special education instruction. It goes far beyond the standard academic goals to address all the ‘knottiest’ skill deficits that make learning so challenging for students with ADHD, autism spectrum disorders, language disabilities and nonverbal learning disorder. I get asked all the time about how to write IEP goals for this population. I finally have the resource I need. This book not only provides a clear-eyed understanding of the IEP process; it also provides a multitude of concrete examples of IEP goals and objectives as well as nuggets of wisdom regarding teaching strategies. No special education team should be without this book.”
—Peg Dawson, Ed.D., author, Smart But Scattered: The Revolutionary “Executive Skills” Approach to Helping Kids Reach Their Potential
“Finally, a much-needed book to guide parents and teachers through the rigors of creating IEPs. This book offers a blueprint for constructing IEPs that will be useful and not just another exercise. The authors provide us with templates and examples that work in the real world of the classroom. Anyone involved in this process—parents, students, teachers, and other professionals—should have this book on their shelves.”
—John J. Ratey, M.D., clinical associate professor of psychiatry, Harvard Medical School
“This book will be a practical and invaluable resource for professionals and parents challenged with writing meaningful and functional IEPs for a range of students with developmental challenges.”
—Barry M. Prizant, Ph.D., CCC-SLP, adjunct professor, Center for the Study of Human Development, Brown University
Jossey-Bass Teacher
Jossey-Bass Teacher provides educators and parents with practical knowledge and tools to create a positive and lifelong impact on student learning. We offer classroom-tested and research-based teaching resources for a variety of grade levels and subject areas. Whether you are a parent, teacher, or another professional working with children in grades K-12, we want to help you make every learning experience successful.
From ready-to-use learning activities to the latest teaching framework, our value-packed books provide insightful, practical, and comprehensive materials on the topics that matter most. We hope to become your trusted source for the best ideas from the most experienced and respected experts in the field.
Copyright © 2011 by Diane Twachtman-Cullen and Jennifer Twachtman-Bassett. All rights reserved.
Published by Jossey-Bass
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Library of Congress Cataloging-in-Publication Data
Twachtman-Cullen, Diane.
The IEP from A to Z : how to create meaningful and measurable objectives / Diane
Twachtman-Cullen, Jennifer Twachtman-Bassett. — 2nd ed.
p. cm.
Includes bibliographical references and index.
ISBN 978-0-470-56234-5 (pbk.), 978-1-118-01565-0 (ebk.), 978-1-118-01566-7 (ebk.), 978-1-118-01567-4 (ebk.)
1. Individualized education programs—United States. 2. Children with disabilities—Education—United States. 3. Educational tests and measurements—United States.
I. Twachtman-Bassett, Jennifer. II. Title.
LC4031.T94 2011
371.90973—dc22
2010051343
Diane Twachtman-Cullen
To my precious grandchildren Alex, Grace, Ali, and Lindsey
You have enriched my life in every way imaginable.
Jennifer Twachtman-Bassett
To my precious children Grace and Lindsey
You have taught me that every moment counts.
Acknowledgments
First and foremost, we would like to express our deepest gratitude to the students who inspired this work, and to their families who give eloquent voice to their children's right to a free appropriate public education. For those educators, clinicians, and enlightened administrators who have the best educational interests of their students at heart and will go “the extra mile” even if it means more paperwork, you have our unending admiration and respect. At the very top of that list is Nancy Redmond, Assistant Director of Exceptional Student Education and Student Services for the Volusia County Public Schools in Florida. It was Nancy who said, “The two of you should write a book about the IEP.” We are grateful to her for the prompt, the example she has set, and her friendship. Thanks also go to the Volusia County Public Schools and ESE staff for their support of our work, and most particularly for giving us the opportunity to address IEP development for parents and school personnel. We are particularly grateful to Heather Cullen and Sandra Rodrigue for providing the critical resource material that has made such a difference in this book. Special thanks go to Pat Rasch for all of her hard work in the initial stages of this project, and to Paul Collins for his invaluable input regarding children with emotional problems. We also extend our appreciation to Alma Bair, parent extraordinaire, for her very kind comments about the original book and for her excellent suggestions and guidance regarding this one. We are deeply indebted to the wonderful crew at Jossey-Bass/Wiley: to Marjorie McAneny for seeing this project through from A to Z (pun intended!); editorial assistant Tracy Gallagher for all of her hard work; Pamela Berkman for everything she has done to see this project through to completion; Sandra Beris for her excellent copyediting (it can't be easy to edit editors!); and Michael Cook for his exquisite “we loved it the minute we saw it” cover design. We also extend our heartfelt thanks to those all-important people involved in the “end game”: Rebecca Still, Dimi Berkner, Hunter Stark, Sophia Ho, and Cheryl Duksta. Finally, we extend our deepest appreciation to Peter W. D. Wright, Esquire, for his superb foreword. We are humbled to have the imprimatur of a man who has been at the very center of special education law in this country, and one who has done so much to help students receive appropriate education that is individualized to their needs.
Diane Twachtman-Cullen, Ph.D., CCC-SLP
Jennifer Twachtman-Bassett, M.S., CCC-SLP
The Authors
Diane Twachtman-Cullen, Ph.D., CCC-SLP, is a licensed speech-language pathologist specializing in autism spectrum conditions and related disorders. She is the author of numerous chapters and articles, as well as three books: A Passion to Believe: Autism and the Facilitated Communication Phenomenon; Trevor Trevor, a metaphor for children designed to increase the sensitivity of typical peers toward their classmates with special needs; and How to Be a Para Pro: A Comprehensive Training Manual for Paraprofessionals. Dr. Twachtman-Cullen is the editor-in-chief of Autism Spectrum Quarterly (www.ASQuarterly.com), a MAGAJOURNAL® that bridges the gap between the research and general autism communities. A member and past co-chairperson of the Panel of Professional Advisors of the Autism Society of America, Dr. Twachtman-Cullen serves on several other professional advisory boards and was a member of the National Behavioral Health Quality Advisory Committee for the Aetna Insurance Company. She is also the recipient of the 2006 Divine Neurotypical Award (DNA) given by the Global and Regional Asperger Syndrome Partnership, Inc. (GRASP) to an individual who has made a significant contribution to the lives of those with autism and Asperger syndrome. Dr. Twachtman-Cullen provides consultative services and training seminars internationally on a variety of topics, and participated as an invited delegate in the Shafallah Center Forum in Doha, Qatar, in 2007 and 2008. She was also an invited delegate to, and speaker at, the first-ever professional conference sponsored by the United Kingdom–based National Autistic Society, held in Manchester, England, in March 2010. Dr. Twachtman-Cullen currently serves as a panel member of and consultant to the Imperative Pictures Group in Hollywood, California. Her consultation agency, ADDCON Center, LLC is located in Higganum, Connecticut ([email protected]).
Jennifer Twachtman-Bassett, M.S., CCC-SLP, is a speech-language pathologist and member of the Autism Society of America's Panel of Professional Advisors. She also serves on the board of directors of the Autism Society of Connecticut. Ms. Twachtman-Bassett is part of the Autism Spectrum Assessment Program at Connecticut Children's Medical Center (CCMC) where, in collaboration with the Department of Developmental Pediatrics, she is involved in the diagnosis of children with autism spectrum disorders. Ms. Twachtman-Bassett also provides social language and problem-solving evaluations for older children with Asperger syndrome and related conditions, as well as individual therapy and parent training. She has also served on CCMC's Clinical Feeding Team. In addition, Ms. Twachtman-Bassett is the speech-language consultant at Butler Hospital in Providence, Rhode Island, where she conducts evaluations and provides strategies for addressing social and language-based aspects of problem solving and behavioral issues. She has spent many years working in both public and private special education school settings with children with autism and related disabilities, and has been a full participant in the IEP process. Ms. Twachtman-Bassett is the associate editor of Autism Spectrum Quarterly, where she also contributes a column on translating research into practice. She has written several articles and chapters on issues related to communication, language, and feeding issues in autism spectrum conditions, and has also presented workshops at state, regional, and national conferences.
Authors' Note
This book is written from an educational, not a legal, perspective, and is based on our interpretation of special education law IDEA 2004 as it relates to IEP development. We acknowledge that interpretation of some aspects of the law may differ from state to state, and from school district to school district. Ours relies heavily on our opinion of what is in the best educational interests of students with special needs. This book is in no way intended to advise readers on matters of law, or to serve as a substitute for obtaining sound legal advice from qualified professionals where it is warranted or desired. References and citations to the law are rendered purely for informational purposes, and as a context for our opinions.
Foreword
As an attorney who has represented children with special educational needs, received a unanimous decision from the United States Supreme Court, coauthored the Wrightslaw special education law and advocacy books, cofounded the Wrightslaw.com website, and taught as an adjunct law professor, I have seen thousands of Individualized Education Programs (IEPs) and have read many books on the topic. As a person who has dyslexia and ADHD, being asked to write the Foreword for this book about IEPs is an honor.
In 2002, Diane Twachtman-Cullen and her daughter, Jennifer Twachtman-Bassett, coauthored How Well Does Your IEP Measure Up? In my review of that best-selling book I wrote, “Finally, an IEP book that focuses on the ‘science’ of writing clear, understandable, and measurable objectives. The authors brilliantly expose the absurdity of public school IEPs and their bizarre, fuzzy-wuzzy language.”
When I was asked to write this Foreword, I struggled with how to express the fact that the authors did an even better job with this book. This is more than a second edition to the earlier work. Although The IEP from A to Z: How to Create Meaningful and Measurable Goals and Objectives covers some of the same material, it is far more comprehensive.
Too often, IEPs contain meaningless goals that are useless to teachers and parents. In this book, the authors provide a framework for writing goals and short-term objectives so that they mesh with popular progress reporting schedules, such as three short-term objectives and one annual goal.
When educators and parents look for IEP goals and objectives that are specific to a particular disability, they fall into the trap of “pigeonholing” the child with a label, and fail to focus on the child's unique educational needs. This book describes diverse deficits that occur in children with many different disabilities, without regard to “labels.” These deficits affect executive function skills, concept development, language comprehension and expression, narrative development, social cognition, critical thinking, and more.
At the same time, the parent and educator who need to address educational issues in autism spectrum disorders, attention deficit disorders, speech and language disabilities, nonverbal learning disorder, and emotional and behavioral disorders, will find the templates for goals and objectives invaluable.
In crafting an IEP, how does a teacher or parent quantify, in an objective observable manner through data collection, something that seems impossible to quantify or describe in a goal or objective? How does a teacher or parent address the acquisition of social and behavioral skills, executive function skills, and functional performance? These areas are problematic in most IEPs. Acknowledging this, Diane and Jennifer not only focus on how to write appropriate goals and objectives but also resolve these problems with clear how-to examples.
I urge you to read this book three times. On your first read, go through the book, from cover to cover. Do not use a pen or highlighter. On the second read, the essential concepts will fall into place. Make margin notes and highlight key areas. On your third read, go back and review your notes and highlighted areas.
After you finish the third read, your approach to the next IEP, whether for one of your students or your own child, will be a new experience. As you identify the truly important goals and objectives and put pen to paper, you will feel confident that, as the authors stress throughout the book, you are helping the child acquire the skills necessary to lead a productive, independent life.
This book should be required reading for every special educator and every parent of a child with special educational needs.
Peter W. D. Wright
Attorney at Law
Publisher, Wrightslaw.com
Deltaville, Virginia
A journey of a thousand miles begins with the first step.
—Chinese proverb
Introduction
It is said that you can't judge a book by its cover. You can, however, tell a great deal about the philosophy and content of this book from its title. In the case of The IEP from A to Z: How to Create Meaningful and Measurable Goals and Objectives, our intent is to be both thorough and comprehensive in addressing the essential elements of the IEP; the relevant changes to the reauthorized Individuals with Disabilities Education Improvement Act of 2004 (IDEA 2004); and the ramifications of these changes for students with special needs. It is our goal then to provide IEP teams with critical information about the essential elements that go into IEP development, as well as to present specific examples of how to apply these elements in practice so that they reflect the new focus on accountability and improved outcomes in IDEA 2004.
Unfortunately, in our increasingly litigious society, holding the IEP to any standard is enough to conjure up images of due process hearings. Although we recognize that in some instances due process may be necessary when IEPs don't pass muster, we leave the task of directing parents through that arduous procedure to other writers with legal expertise. In fact, we advocate avoiding due process whenever possible. Toward this end, we offer readers a modus operandi for doing just that—a step-by-step guide to help parents, educators, clinicians, and special education supervisors to get the right education program in place at the outset, thereby avoiding the need for future legal action. Simply stated, this book is about how to write thoughtful, intelligent IEPs that deliver high-quality, need-based educational programming to students with autism spectrum disorders (ASD); speech or language impairment (S/LI), including disorders of communication; nonverbal learning disability (NLD); attention deficit disorder/attention deficit hyperactivity disorder (ADD/ADHD); and emotional disturbance (ED).
When an earlier version of this book was originally published in 2002, it reflected changes to the special education law that were made in the 1990s. The current volume has been updated to reflect the most current revisions to the law as they pertain to IEP development. We have also expanded the book's focus from that of the single disability category of autism spectrum disorders (ASD) to include all the disability categories listed in the preceding paragraph. We had two reasons for doing this. First, there are many overlapping educational needs in the areas of cognitive and social-cognitive functioning and communication and language use among students with these conditions. Second, these conditions share a kind of invisibility that can keep the needs of these students under the radar. In other words, many students with ASD, S/LI, NLD, ADD/ADHD, and ED don't present with obvious signs of disability but rather with certain behaviors that, when held to a standard appropriate to typically developing individuals, place them in an unfavorable light. This is because the symptoms associated with these conditions are not always recognized as reflections of compromises in neurological or cognitive functioning, but rather as behaviors over which the student has control. The overarching consequence of misjudging a student's behavior as willful or volitional, or as reflecting a lack of motivation or laziness, is that the child's educational needs go unmet. It is our hope that, by shedding light on the sometimes subtle deficits with which these students present, we will encourage IEP teams to recognize the need to provide instructional support and accommodations for these students, while at the same time discourage them from characterizing the students' deficits as “behavioral” in nature. It is well beyond the scope of this book to provide detailed information on each of the disability categories covered, but there are many excellent resources for this purpose listed in Appendix B. Readers are also encouraged to seek out additional information on their own.
The underlying premise of this book is that the IEP is the individualized “blueprint” that delineates appropriate educational programming. As such, like other blueprints, it must contain the exact specifications and conditions necessary to guide the “builders” of education programs. The organization of the book reflects this premise. After a brief but instructive historical overview of special education law in Chapter One, the remaining chapters in Part One of the book contain the following “building specs” that make up the essential elements of IEP development: present levels of performance (PLPs); underlying conditions governing performance; methodology; criteria and prompt levels; generalization; annual goals, short-term objectives and benchmarks; evaluation and data collection; and an IEP potpourri consisting of information related to least restrictive environment (LRE), state or districtwide assessments, accommodations and modifications, related services, and supplementary aids and services. Our goal in Part One is to provide the specific information needed—the building specs—to generate the types of meaningful annual goals, short-term objectives, or benchmarks that lead to effective service delivery.
Part Two of the book presents several “builder's models,” if you will, to help readers see how the information outlined in Part One leads to comprehensive, clearly defined IEP annual goals and short-term objectives for the various disability categories. Chapter Ten discusses assessment considerations, particularly as they relate to determining priority educational needs. It also serves as the introduction to Part Two. Chapters Eleven through Fourteen contain sample PLPs, annual goals, and short-term objectives related to the following areas of cognitive and social-cognitive functioning: communication, language, and speech; nonverbal comprehension and expression; social relatedness and interaction, play, and leisure skills; executive function; theory of mind; and critical thinking. In addition, we provide the reader with recommended educational programming formats, general teaching tips and strategies, and teaching resources, all of which are designed to help IEP teams translate goals and objectives into sound educational practices. There is also an epilogue, intended to provide a cohesive, concluding statement on the crucial link between well-stated IEP goals and objectives and effective service delivery.
Our goal in Part Two is to put it all together, so that the reader can see, from the many examples given, exactly how the various elements of the IEP can lead to a whole far greater than the sum of its individual parts—that is, the delivery of an appropriate, individualized education program. The importance of including practical information on programming formats, teaching strategies, and resource materials cannot be overstated, particularly because students with these conditions require highly specialized programming beyond that commonly found in what may be called standard special education fare. We take our lead from students with ASD for whom “traditional special education programs” leave much to be desired (Peeters and Gillberg, 1999, p. 79). In fact, Peeters and Gillberg candidly state that “special education which offers the type of teaching used in mental retardation (which consists principally of simplification) does not suffice” (p. 79). We believe that this is also true for students with the conditions covered in this book.
The book's user-friendly features include pull quotes, bulleted lists, case studies, and chapter summaries, all intended to make information both easily accessible and readily usable. Finally, The IEP from A to Z is intended for anyone—parent or professional—whose ultimate goal is to write high-quality IEPs for students with ASD, S/LI, NLD, ADD/ADHD, and ED that meet both the letter and spirit of the law and that lead to the delivery of effective educational services and outcomes. If there is a bias it is in the student's favor, for in all issues discussed in this book we operated from the perspective of what is in the best educational interests of the student. Our greatest wish is that the information we offer here will enable parents and school personnel to work together, as equal partners, to build educational programs of value for students with special needs.
Diane Twachtman-Cullen, Ph.D., CCC-SLP
Jennifer Twachtman-Bassett, M.S., CCC-SLP
Part One
Essential Elements of the IEP
Chapter 1
Past Perspectives and Present Practices
“The farther backward you look, the farther forward you can see.”
—Winston Churchill
More than thirty-five years have passed since the event that revolutionized the face of special education services in the United States: the 1975 enactment of Public Law 94–142, the Education for All Handicapped Children Act (EHA). This landmark legislation gave birth to two critically important interrelated concepts. The first was that of a free appropriate public education (FAPE)—the legal standard-bearer for educational programming for students with disabilities. The second was that of the individualized education plan (IEP), the multifaceted document designed both to benefit and to protect children with special needs and to provide their parents with procedural safeguards.
Having come into existence in the era when management by objectives and accountability were the catch phrases of the day, the IEP offered the promise of welcome relief from nebulous, catch-as-catch-can instruction. It also offered a systematic approach to educational programming by requiring that educational goals and objectives not only be stated in outcome-based behavioral terms but also that they be measurable. Hence, the IEP also emphasized the importance of data collection for the purpose of determining how well educational programming was meeting the needs of students with disabilities.
A New Decade, New Changes
If P.L. 94–142 offered a foot in the door marked by FAPE, its next incarnation pushed that door wide open. The year was 1990. The event was the reauthorization of P.L. 94–142 under the new title Individuals with Disabilities Education Act (IDEA). This law not only reaffirmed the importance of individualized education for students with disabilities but also granted official status to autism as an individual disability category under the law. For the first time, students with autism were able to receive educational services under the category label that most accurately reflected their disability. The inclusion of autism as a separate category was heralded by parents and professionals alike, for it underscored the enigmatic nature of the condition and the unique educational challenges faced by students with the condition.
The 1990s were a fertile decade for special education law. Nine years after the reauthorization of P.L. 94–142 as IDEA, new amendments gave the law even greater clout. One of the most significant contributions of the new amendments was an emphasis on staff training, an issue uppermost in the minds of parents. In fact, states were held to a higher standard than previously, “whereby they [had to] ensure that those who provided services for students with disabilities (professionals and paraprofessionals alike) had an adequate knowledge base and the skills” (Twachtman-Cullen, 2000a, p. ix) necessary to meet the needs of these students. The inclusion of paraprofessionals in the training loop was a great victory for parents, many of whom had complained bitterly—and in our opinion, rightfully—that the person closest to their child (the paraprofessional) was the one with the least amount of knowledge and training.
On the surface it appeared that “everything was coming up roses” for students with disabilities and their parents. After all, the list of requirements for schools under IDEA read like a parents' wish list: related services; supplementary aids and services; assistive technology support; transition; and the specification of necessary accommodations or modifications. Beneath the surface, however, the picture wasn't quite so rosy.
For one thing, for many parents the IEP process was frightening and intimidating, and in many cases more often hierarchical than collaborative. This was because parents weren't always granted the equal-partner status that the law afforded them. For another, parents and educators often found themselves at odds on important issues. This was particularly apparent when it came to their views on the standard of appropriateness, because the law itself was essentially silent on its interpretation. Typically, schools looked on appropriateness as a minimal court-sanctioned standard—the so-called Chevrolet. Parents, however, found the school's minimalist position unacceptable, preferring instead that schools maximize their children's education by providing the Cadillac instead of the Chevy. Little did anyone know at the time that the appropriateness standard would soon take on a whole new meaning.
A New Century, New Changes, and a New Name
In December 2004 IDEA was again reauthorized and amended. Now known as the Individuals with Disabilities Education Improvement Act of 2004 (IDEA 2004), its net effect was to raise the bar on what constituted a free appropriate public education (FAPE). As a result, there is a new emphasis (in the Findings section of the law) on high expectations, and an increased focus on accountability—for example, the use of research-based instruction—and improved outcomes, such as further education, all of which are designed to bring “IDEA 2004 into conformity with the No Child Left Behind Act (NCLB)” (Wright and Wright, 2006, p. 19). In service to this goal, many of the definitions seen in IDEA 2004 come directly from NCLB. For example, section 1412 (a) (15) of IDEA 2004 applies the adequate yearly progress standard from NCLB to children with disabilities. Indeed, the influence of NCLB was so great that IDEA 2004 also placed greater emphasis on academic subjects such as reading and on early intervention (Wright and Wright, 2006). Moreover, where the earlier versions of IDEA were focused on more global—even generic—concerns, such as access to FAPE and procedural safeguards, the latest revision is clearly more concerned with specific refinements to the law and an elevation of standards. Consider the way in which the phrase to the maximum extent possible has changed in IDEA 2004. Where the phrase used to refer to access to the general curriculum, today it goes far beyond mere access by requiring educators not only to meet developmental goals but also to meet “to the maximum extent possible [italics added], the challenging expectations that have been established for all children” (Wright and Wright, 2006, p. 46). Clearly, the new language in IDEA 2004 reflects the profound and intended influence of NCLB. Indeed, according to Steedman (Summer, 2005): “IDEA 2004 requires that states establish performance goals for children with disabilities that are the same as the state's definition of adequate yearly progress under NCLB” (p. 34). Furthermore, IDEA 2004 also follows the lead of NCLB by requiring “highly qualified special education teachers” (Wright and Wright, 2006, p. 19). Hence, there is a very important interface between IDEA 2004 and NCLB that has the effect of holding children with disabilities and special education teachers to higher standards that are more comparable to those that apply to nondisabled students and general education teachers.
In keeping with the focus on higher standards, IDEA 2004 also raised the bar on methodology by requiring that instructional practices, related services, and supplementary aids and services all be based on peer-reviewed research. The decision about whether to include instructional methodology in the IEP rests with the IEP team; however, the new evidence-based standard clearly ups the ante in favor of its inclusion in the document. Methodology issues will be discussed more fully in Chapter Four.
Undoubtedly the greatest change in IDEA 2004—and the most controversial—is the elimination of short-term objectives and benchmarks for all students except those who receive alternate assessments. This change was made, ostensibly, to save time and reduce the amount of paperwork for educators. Unfortunately, it may do neither. Because the annual goals for students are still required to be both specific and measurable, eliminating objectives and benchmarks for those students who are assessed (under NCLB) via grade-level standards may actually make the process of determining progress toward the goal more arduous. It removes the logical, incremental framework—the short-term objectives or benchmarks—within which to gauge progress and make midcourse corrections. It is our opinion that the decision to eliminate objectives and benchmarks for what may amount to the majority of special needs students was shortsighted at best and inimical to the needs of these students at worst. Hence, we strongly advise IEP teams to continue to apply one or the other progress indicator as the means by which to determine the student's progress toward the annual goals, a practice we will follow in this book and an issue we will revisit many times in Part One of this book.
Another (unwelcome) change under IDEA 2004 concerns multiyear IEPs. Fortunately, because this is a demonstration project that involves no more than fifteen states, it will affect only individuals who reside in those states. Importantly, those individuals should be aware that three-year IEPs require parental consent. Clearly, this provision, like the one regarding the elimination of objectives and benchmarks, is tied to administrative convenience and is not, in our opinion, in the best interests of students. Hence, we are not in favor of three-year IEPs unless they come equipped with crystal balls!
IDEA 2004 Requirements
Although we applaud the trend toward higher expectations for students with disabilities in IDEA 2004, and the move toward a higher standard for judging the appropriateness of educational programming and student progress, we fear that some of the new requirements may actually be inappropriate for many students with special needs. It is our contention that the comingling of IDEA 2004 and NCLB—especially regarding the requirement that children with disabilities meet the standard of adequate yearly progress set forth by NCLB—holds these children to a standard that, for some, may be highly unrealistic. For example, Steedman (Summer, 2005), in discussing the NCLB goal of narrowing the gap between children with disabilities and their typically developing peers, states: “If a disabled child is already several academic years behind his nondisabled peers, the only way to ‘narrow the gap’ is for the disabled child to make more than one year's academic growth in the span of one year” (p. 34). Obviously, this requires the child with a disability to accomplish significantly more academically in a year than a nondisabled peer—a standard that is highly unrealistic, and more arbitrary and generic, than individualized to the specific needs of the student.