FAQs »

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

 

Placement Decisions

• Our principal told us that CTE teachers will, next year, have one class each that is all Special Education. That way we can modify that ONE class to meet their needs. Is this legal?
• Can Students with Emotional Disturbance, who are usually self-contained, be mainstreamed?
• If 65% of your students qualify for Special Education services and “they” tell you that you cannot have an aide, what are your rights?
• Can students “fake” a disability to stay in SPED because its less work?
• In order for a student with disabilities to be placed in a CTE program it was required that a CTE teacher had to be present at the ARD. Is this still part of the law?
• When signing documents as a member of the ARD, should we sign as CTE or Regular Education?
• What is the “formula” for figuring ratios of SPED students to regular students in a regular classroom or pre-employment lab?
• Do you have to have an ARD to request a job coach for a student in pre-employment labs?
• Can a CTE teacher be “forced” to sign an ARD document for both the CTE and regular ed. teacher? Is this short circuiting the system?
• Students have been placed in my class who have violent backgrounds (attacked family or teachers) and I have not been told about it in order to know how to treat these students or know to protect other students. What can I do about this?
• What would you do with a student who is required to use Content Mastery when he is making all A’s in all his classes. His ARD is not scheduled until next spring and we wonder why he is in CM?
• What can we do about FCS classes having a higher percentage of SPED students than any other discipline?
• Is CTED no longer wanted by SPED? At my school SPED has done away with FCS-CTED.
• What is the best way to deal with students who are classified Content Mastery, but refuse to go to get help on tests/assignments, but are still not passing?
• What can we do about the students who are low performing and should qualify for SPED?

Our principal told us that CTE teachers will, next year, have one class each that is all Special Education. That way we can modify that ONE class to meet their needs. Is this legal?

I often have to smile when I hear of “the inclusion class.” That terminology alone is telling that this, indeed , is not inclusionary. “Individual needs” are not often defined as “class needs.” Remember to review the definition of LRE as given earlier.

Can Students with Emotional Disturbance, who are usually self-contained, be mainstreamed?

Yes, if that is what the ARD team determined was “appropriate education.” Research shows us that this group of students is the least likely to received their education in the regular education environment. Always ask yourself, “If this was my child, where would I want him/her to receive their education?” Also just think in a common sense way, “Would I prefer to have a child with ED in a class with 8 other students with ED or would I prefer that one student with ED be placed within the general education setting to mirror those behaviors?” Here are some websites that are helpful in teaching students with behavioral difficulties:

 

• http://www.disciplinehelp.com/
• http://www.teachnet.com/how-to/manage/
• http://education.indiana.edu/cas/tt/v1i2/what.html
• http://www.ueatexas.com/Classroom_Help/Classroom_Help.htm

 

If 65% of your students qualify for Special Education services and “they” tell you that you cannot have an aide, what are your rights?

The question that must be answered by the ARD committee is, “Are the students who qualify for Special Education services receiving an appropriate education?” Also, “Are these students making progress in the general education curriculum?” Remember all questions are about the students and their education. Teacher’s preferences are important and their opinions are absolutely critical, but the decision for any related services rests with the “appropriate education” of the student. You are a member of the ARD committee. As such let your voice be heard about needs of the students to receive an appropriate education.

Can students “fake” a disability to stay in SPED because its less work?

It’s possible, but highly trained diagnosticians will catch this malingering behavior.When a student is placed in your class for socialization how do you assess the progress? Is it up to the ARD members to assist with the criteria? Certainly related service personnel (school psychologist, etc.) could assist you in preparing a checklist, sociogram, or other applied behavioral analysis chart. The teacher, however, is the one who can best assess the progress, antecedent behaviors, time on task, verbal outbursts, appropriate interactions with peers and person in authority, etc. Here are some helpful websites that explain Applied Behavior Analysis:

·          http://www.abainternational.org/

·          http://www.shapingbehavior.com/whatisaba.html

In order for a student with disabilities to be placed in a CTE program it was required that a CTE teacher had to be present at the ARD. Is this still part of the law?

The members of the IEP/ARD team are: the student, if appropriate, the parents, at least one general education teacher “if the child is, or may be participating in the general education” environment, an LEA representative who is qualified to provide or supervise the provision of special education, an individual who can interpret the instructional implications of evaluation results and other individuals who have knowledge or special expertise regarding the child. The CTE teacher would be considered the “general educator.” CTE is less and less considered an area outside of general education, whether we agree with this or not. You will find the TEA website and IDEA website (both referenced in this document) helpful for this type of inquiry. Most Texas public school rules can be found at: http://www.tea.state.tx.us/rules/home/

When signing documents as a member of the ARD, should we sign as CTE or Regular Education?

You may sign as either or both. It will not be deceptive to sign as either or both since it will be apparent that you are the same person.

What is the “formula” for figuring ratios of SPED students to regular students in a regular classroom or pre-employment lab?

There is no formula, nor ratio. There is only the standard of providing “appropriate education.”

Do you have to have an ARD to request a job coach for a student in pre-employment labs?

ARDs are where “related services” and “supplementary aides and services” are discussed, requested, approved or denied for providing “appropriate education” for students with disabilities. Keep documentation each time you request such service.

Can a CTE teacher be “forced” to sign an ARD document for both the CTE and regular ed. teacher? Is this short circuiting the system?

No one can be “forced” to sign any document beyond their will. In point of fact I have advised new teachers, fearful of disobeying the administration, to sign on the back of the document indicating their presence at the meeting, but also indicating their disagreement with the action taken.

Students have been placed in my class who have violent backgrounds (attacked family or teachers) and I have not been told about it in order to know how to treat these students or know to protect other students. What can I do about this?

This is a travesty. Access to educational records, including IEP information, should be available to all who have an educational need to know. Education is a profession like any others. One would not withhold diagnostic information from a physician and expect the treatment / prescription to be accurate. Administrators sometimes worry about creating low expectation by showing past records, but this should not, in my opinion, be a professional rationale for this behavior.

 

What would you do with a student who is required to use Content Mastery when he is making all A’s in all his classes. His ARD is not scheduled until next spring and we wonder why he is in CM?

You can call an ARD to determine the reason. Don’t forget that SpEd is not a punishment. Some parents may insist on this service. Perhaps the diagnostician can enlighten you about the decision or perhaps you can advocate for the student to get him “D” from the ARD process.

What can we do about FCS classes having a higher percentage of SPED students than any other discipline?

I would first off say, “be proud.” That you are considered good teachers with important content, but then I would add, to make sure that every student is receiving “appropriate education.”

Is CTED no longer wanted by SPED? At my school SPED has done away with FCS-CTED.

I doubt this was a SPED decision alone. It is unfortunate that good programmatic options are limited or terminated, but the picture is often bigger than just wanting them or not (e.g., funding, staffing, student demand, local options, etc.)

 

What is the best way to deal with students who are classified Content Mastery, but refuse to go to get help on tests/assignments, but are still not passing?

Often going to CM or Resource is stigmatizing (location of the room, other students, etc.) You should visit with the student to determine the reason for refusal and see if that could be circumvented. If CM is documented in the IEP, the student should go. Report non-compliance with IEP to ARD. Document your reports. Keep up with scores to see if attendance in CM does, indeed, assist or not for input at next ARD.

What can we do about the students who are low performing and should qualify for SPED?

You should refer the students for testing after you have demonstrated your pre-referral interventions. If they do not qualify for SPED through the IDEA process, then perhaps they could receive services from Section 504. An administrator or someone at your regional ESC can assist you with information about 504. Here is a website to help as well: http://www.help4adhd.org/en/education/rights/504