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Credits: Dr. Linda Parrish; Dr. Tracy Teaff; Dr. Jewel Lockridge; Dr. Lakshmi Mahadevan; Mr. Greg Shipp and Ms. Cheryl Grenwelge.

Note: Our experts are not attorneys and therefore our responses do not carry legal authority. We strongly recommend that educators check with their district’s attorneys for guidance on legal issues.

Topics

Definitions ARD/IEP Issues Accommodations/Modifications/Standards Instructional Strategies/Methodologies Placement Decisions Additional Concerns Resources Accommodations and Modifications in CTE Classroom Instruction Career Guidance - Tools for Practical Applications Building Successful Partnerships Best Practices: CTE Teachers Role in ARD Meetings Accommodations and Modifications III

 

Accommodations/Modifications/Standards

• Define accommodations and modifications.
• If a student who qualifies for Special Education does not do his work can he fail the class?
• Can I get more information on the case of the regular education teacher who got sued for not following modifications as outlined by the IEP?
• Can a teacher be forced to feed or toilet a student who cannot care for him/herself?
• Why do I have students who are served in SPED included in my classes with no modifications marked on their paperwork?
• What is a good/efficient way to document modifications?

Define accommodations and modifications.

Accommodations do not fundamentally alter or lower the standards for the course or test, and students using accommodations received credit toward a standard diploma.” (Klor, p. 33, LRP, 2004) Modifications “do fundamentally alter or lower the standard for a course or test, and the student may not received credit toward a standard diploma” (34 CFR 300.347; Letter to Anonymous, 22 IDELR 456 (OSEP 1995),(Klor, p. 33, LRP, 2004). Here are some websites that are beneficial for providing accommodations/modifications:

• http://www.nichcy.org/pubs/bibliog/bib15txt.htm
• http://www.schwablearning.org/articles.asp?r=306
• http://www.stmary.k12.la.us/specialservices/accommod.htm
• http://education.umn.edu/NCEO/TopicAreas/Accommodations/Accom_topic.htm

 

If a student who qualifies for Special Education does not do his work can he fail the class?

You can give special education students failing grades, but you must be sure the reason the student is failing the class is NOT because you failed to provide the IDEA-mandated “free, appropriate public education (FAPE). You must provide these students any IEP approved accommodations, modifications, services, and supports. You must document your compliance with these requirements. “If, in spite of providing the IEP program and services, the student does not take advantage of the opportunity to learn and you can document that the student has not met your grading criteria to pass the class because of the student’s lack of cooperation, participation or preparation, you can fail the student” (34 CFR 300.300, 34 CFR 300.347). (Klor, p. 37, LRP, 2004)

Can I get more information on the case of the regular education teacher who got sued for not following modifications as outlined by the IEP?

The case is Doe v. Withers (W. Va., Cir Ct. 1993). $15,000 was awarded a student with a Learning Disability from a public school History teacher who refused to implement the IEP, when he refused to allow the student to take his exams orally and untimed. This decision alerts teachers that they must be serious about the knowledge, understanding and implementation of the IEP. Students and their families often sue ISDs or School Boards, but this case highlights that an individual teacher may also be targeted.

Can a teacher be forced to feed or toilet a student who cannot care for him/herself?

U.S. Supreme Court case, Garrett v. Cedar Rapids validated an earlier ruling, Tatro v. Irving, Tx. ISD, when it ruled that schools were responsible for providing health procedures, but not medical procedures. In other words, if a medical physician is needed to oversee the procedure than schools may not provide that action without a doctor; however other actions (cauterization, feeding, toileting, etc.) are all actions that schools are responsible for. Often school nurses or paraprofessionals assist in these duties as well as the teachers. “Forcing” is a term I hear a lot from teachers, but I truly find it an enigma…..forcing a teacher? I think not.

Why do I have students who are served in SPED included in my classes with no modifications marked on their paperwork?

Perhaps they are expected to perform at the standard for all students in your class or perhaps they have a disability that will not be apparent in your course (orthopedic impairment but no mental or emotional involvement?) Ask at the ARD committee meeting for clarification.

What is a good/efficient way to document modifications?

I suggest having a chart for each student receiving modifications based on the a)student’s needs, b) instructional content, and c) performance method expected. For example, while teaching at Texas A&M University I modified for various students (based on Section 504 and ADA, not IDEA) and am using: a) enlarged print, b) note takers, c) extended time, and d) alternate assessments. I document (checkmark) each time they are used by student or keep a copy of the large print material that is dated or have a sign in at an alternative testing facility. Use charts, computer programs, scanning devices, folders, color coding modifications, etc.