EC Laws, Accommodations vs Modifications and Useful

Strategies to Use in the ClassroomBT Meeting March 20, 2014

Jen LaClair & Jenny White

Federal and state laws and regulations require schools to provide accommodations and modifications to make sure that students with disabilities have access to an appropriate education program.

What Does the Law Say?

• The Individuals with Disabilities Education Improvement Act (IDEIA 2004) requires that students with disabilities have the opportunity to be involved and make progress in the general curriculum.

• Section 504 of the Rehabilitation Act of 1973 requires that accommodations be provided to students with disabilities, even if they don’t have an IEP.

• The Americans with Disabilities Act of 1990 prohibits discrimination against any people with disabilities.

Each public agency shall ensure –

(i) That to the maximum extent

appropriate, children with disabilities, …

are educated with children who are

nondisabled;

and

Federal Least Restrictive Environment (LRE) Requirements34 C.F.R. Section 300.114

(ii) That special classes, separate schooling or other removal of children with disabilities from the general educational environment occurs only if the nature or severity of the disability is such that education in general classes with the use of supplementary aids and services cannot be achieved satisfactorily.

Federal LRE Requirements

(e) A child with a disability is not

removed from education in age-appropriate

general classrooms solely because of

needed modifications in the general

curriculum.(Authority: 20 U.S.C. 1412 (a)(5))

Federal LRE Requirements34 C.F.R. 300.116

“...a continuum of alternative placements is available to meet the needs of children with disabilities... including instruction in general classes, special classes, special schools, home instruction, and instruction in hospitals.” (Federal Register, 1977).

Continuum of LRE Options

A local educational agency (LEA) must provide each child with a disability a free appropriate public education (FAPE). An LEA meets its obligation to provide FAPE to a child in part by providing special education, related services, and supplementary aids and services and program modifications or supports for school personnel in conformity with an IEP. The services provided must be stated in the IEP so that the level of the agency's commitment of resources will be clear to parents and other IEP team members. An LEA must ensure that a student is provided with all services required in the child's IEP.

Responsibility

Diana Browning Wright, Teaching and Learning

Trainings, 2005

I.D.E.A. 1997 Reauthorization specifies (300.342(b)(3)) that the public agency shall ensure... each teacher and provider is informed of his or her specific responsibilities related to implementing the child’s IEP and the specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP.

Legal Justification

Accommodate, Modify, and Support

Regular classroom teachers employed by a school district will have very limited liability exposure in special education so long as the duties assigned to them regarding implementation of the IEP are executed in a legal and appropriate manner. 

Failure to implement the IEP as specified could result in disciplinary action, criminal charges, and civil lawsuits that could result in personal liability exposure. 

Repercussions of Denial/Refusal

Accommodations, modifications, behavior intervention plans, and supplementary aids and services are examples of IEP items that are typically the responsibility of the regular classroom teacher. 

IF a parent believes these items have not been implemented, they may file a complaint with the state department of education alleging noncompliance with the IEP. 

Repercussion of Denial/Refusal

The state department will launch an inquiry and possible investigation.  Typically, if the school district is found to be in noncompliance, a corrective action plan will be developed and the matter is resolved. 

If, however, the parent elects to pursue a due process hearing, one will be held to determine if the district did, in fact, fail to implement the agreed-upon IEP and denied the special education student the entitlement to a "free, appropriate public education" (FAPE). 

Repercussion of Denial/Refusal

If the hearing officer decides that the school district denied the student FAPE, the district will be required to implement the IEP as written, pay attorney's fees and other costs the parent may have incurred and may be required to pay the cost of compensatory services.

http://www.ci.maryville.tn.us/mhs//MCSSped/teachtools.htm

Costly Repercussions

A legally binding document that states what services a student will receive and why

Includes the student’s placement, services, academic and behavioral goals, a behavior plan (if needed), and progress reports from teachers and therapists

Planned at an IEP meeting The IEP team looks at the student’s needs

and decides what kind of accommodations and modifications are needed

What is an Individualized Education Program (IEP)?

More >><< Less

regular classes

…includes instruction in:

hospitals or institutions

child’s home

special schools

special classes

Continuum of Alternative Placements

Restrictive

What are accommodations and modifications?

Are they the same thing? When do you use them? Who determines when and what to use?

Accommodations and Modifications

The actual teaching supports and services that the student may require to successfully demonstrate learning

Accommodations should not change expectations to the curriculum grade levels.

An accommodation is a change that helps a student overcome or work around the disability and DO NOT reduce learning expectations

Accommodations

Changes in how a student accesses information and demonstrates learning

Do not substantially change the instructional level, content, or standard

Changes made in order to provide a student with equal access to learning and equal opportunity to show what he or she knows and can do.

Accommodations

The standard is not negotiable, but the road to it is.

Students with a disability who have an IEP or 504 plan

Students without a disability who have barriers to learning

Students who receive ELL services

Students who are at risk of failure

Accommodations are for…

Changes made to curriculum expectations in order to meet the needs of the student

Modifications are changes in what the student is expected to learn

and demonstrate in the content area.

Modifications

Making an assignment easier so the student is not doing the same level of work as other students is an example of a modification.

Modifications can be:

Change the content and performance expectations for what a student should learn. For example, a student may work at a different level ( for example, at a 4th grade level instead of a 6th grade level in reading) or study fewer concepts or skills.

Modifications

Made when the expectations are beyond the student’s level of ability

Alter the standard or what the test or assignment is supposed to measure

May be minimal or very complex depending on the student’s performance

Must be clearly acknowledged in the IEP

Modifications

Differences between the two…

Accommodations(can apply to all students)

Modifications(apply to students with disabilities)

Do not fundamentally change

standards in terms of instructional

level, content, or performance

criteria

Do fundamentally change

standards in terms of instructional level, content, or performance criteria

Changes are made in order to

provide equal access to

learning and equal opportunity

to demonstrate what is known

Changes are made to provide student meaningful & productive learning experiences based on individual needs & abilities

Grading is same. Grading is different.

Accommodations focus on removing barriers and providing access to the general curriculum.

Accommodations are designed for students who have barriers that can be removed to help them demonstrate what they know.

Modifications focus on insuring meaningful participation in the general curriculum.

Modifications are designed for students who would benefit from participation in the general curriculum even though it is above their ability level.

More differences….

Accommodations

◦ A multiple choice test on identical facts is provided while other students "fill in the blank”

◦ Student receives 10 math problems instead of 20

◦ Homework limited to a certain number of minutes/hours instead amount of work to be completed.

◦ Limit information presented on

page, large print, and more space between lines.

◦ Highlight important text.

◦ Students respond verbally instead of written format

◦ multiple -choice response instead of fill -in -the -blank or short answer/essay, word banks provided for fill in the blank questions

Modifications

Omitting story problems, using specialized/alternative curricula written at lower level, simplified vocabulary and concepts, alternative reading books at independent reading level

Tests are written at lower level of understanding, preview tests provided as study guide, picture supports are provided, use of calculator

Grading based on pass/fail, grading based on work completion

Allow outlining, instead of writing for an essay or major project

Here are some examples

Knowledge of addition is demonstrated by manipulating blocks instead of through writing

Extra textbooks are provided for home when a child has great organizational difficulties

A scribe is provided to take notes for a child A multiple choice test on individual facts is

provided while other students fill in the blank

Accommodations (Leveling the playing field)

http://www.learningdisabledkids.com/IEP_training/IEP_accommodations_modifications_sec_contents.htm

Accommodations do not change knowledge content.

A child works on addition while classmates work on multiplication

A child learns letters and letter sounds while classmates read chapter books

A child uses blocks to build structures while other students do science experiments

A child is given a test on continents while classmates are tested on countries in Europe

Modifications (everyone plays)

http://www.learningdisabledkids.com/IEP_training/IEP_accommodations_modifications_sec_contents.htm

Modifications do change knowledge content and/or the standard.

An Accommodation is the “HOW” of the curriculum.

*How are we going to get the information to the child and how are we going to test the student’s knowledge?

A Modification is the “WHAT” of the curriculum.

*What part of the general curriculum does the student need to know to reach his or her fullest potential?

Both the general education teacher and special education teacherare responsible for making accommodations and modifications. It is a collaborative effort.

Students who would have been traditionally pulled out to a separate program

Students who may have a low incidence disability

Students for whom accommodations have been implemented to the fullest extent and still have difficulty succeeding

Modifications are for…

The IEP or 504 team determines how a student will participate, not whether a student will participate.

Remember!

1. Who determines modifications? The IEP team, including the Local Education Agency (LEA

representative, Special Educator, General Educator, parent/legal guardian, the student)

2. Who gets accommodations and modifications? Accommodations can be made for any student. Students with an IEP or

504 plan get accommodations that are required. Students with an IEP can receive modifications if needed. STUDENT NEEDS DETERMINE BOTH

3. Do I have to accommodate? If a student has an IEP or a 504 plan, you must provide the

accommodations and modifications that are part of the plan. If a student does not have an IEP or 504 plan, you are not required to accommodate, but it is considered best practice.

4. What do I say when students say, “It’s not fair?” Fair means that everyone gets what they need to succeed. Fair does

not mean “same” or “equal.”

Frequently Asked Questions

Scheduling/Timing Setting Materials Instruction Student Response Presentation

Accommodations and modifications are most often made in the following areas:

Give extra time to complete assignments or tests

Break up testing over several days (MTS) Give multiple or frequent breaks Change testing schedule or order of

subtests Vary activities every 10-30 minutes Alert students several minutes before a

transition time, then give reminders

Scheduling/Timing

Change the location of instruction or testing Seat student in front, next to teacher, or

study carrel Reduce fluorescent lighting and increase

natural lighting Seat student away from windows or other

students Instruct or test in small group or individual

setting

Setting

Audio tape lectures or books Provide copies of teacher’s lecture notes Supply large print books, Braille, or books

on CD (digital text) Offer manipulatives Use visual cues – charts, pictures, graphs Utilize graphic organizers to demonstrate

how concepts and ideas are related

Materials

Reduce the difficulty of assignments Reduce the reading level Use a student/peer tutor Simplify multi-step directions Provide a partially completed outline during

lectures Preteach vocabulary

Instruction

Allow answers to be given orally or dictated Use a word processor for written work Use sign language, a communication

device, Braille, or native language if it is not English

Replace summative assessment with oral reports and projects

Give credit for participation Use recognition tests instead of essay tests

example: T/F, multiple choice, matching

Student response

Increase “white space” on page Use symbols on the test or answer form that

help the student follow directions, such as an arrow or stop sign

Give extra examples for practice to make sure the student knows what to do.

Require fewer questions, but select ones that measure all required content.

Eliminate one of the choices in multiple-choice items.

Presentation

Nine Types of Curriculum Adaptations

Quantity * Adapt the number of items that the learner is expected to learn or number of activities student will complete prior to assessment for mastery. For example: Reduce the number of social studies terms a learner must learn at any one time. Add more practice activities or worksheets.

Time * Adapt the time allotted and allowed for learning, task completion, or testing. For example: Individualize a timeline for completing a task; pace learning differently (increase or decrease) for some learners.

Level of Support * Increase the amount of personal assistance to keep the student on task or to reinforce or prompt use of specific skills. Enhance adult-student relationship; use physical space and environmental structure. For example: Assign peer buddies, teaching assistants, peer tutors, or cross-age tutors. Specify how to interact with the student or how to structure the environment.

Input * Adapt the way instruction is delivered to the learner. For example: Use different visual aids, enlarge text, plan more concrete examples, provide hands-on activities, place students in cooperative groups, pre-teach key concepts or terms before the lesson.

Difficulty * Adapt the skill level, problem type, or the rules on how the learner may approach the work. For example: Allow the use of a calculator to figure math problems; simplify task directions; change rules to accommodate learner needs.

Output * Adapt how the student can respond to instruction. For example: Instead of answering questions in writing, allow a verbal response, use a communication book for some students, allow students to show knowledge with hands on materials.

Participation * Adapt the extent to which a learner is actively involved in the task. For example: In geography, have a student hold the globe, while others point out locations. Ask the student to lead a group. Have the student turn the pages while sitting on your lap (kindergarten).

Alternate Goals Adapt the goals or outcome expectations while using the same materials. When routinely utilized, this is only for students with moderate to severe disabilities. For example: In a social studies lesson, expect a student to be able to locate the colors of the states on a map, while other students learn to locate each state and name the capital.

Substitute Curriculum Sometimes called “functional curriculum”

Provide different instruction and materials to meet a learner’s individual goals. When routinely utilized, this is only for students with moderate to severe disabilities. For example: During a language lesson a student is learning toileting skills with an aide.

* This adaptation is an accommodation if the student can demonstrate mastery of the standard on an assessment. The key concept is: Will the student ultimately master the same material but demonstrate that mastery in alternate ways or with alternate supports? If standards are not fundamentally or substantially altered , then this adaptation is an accommodation to a learning or performance difference. This adaptation is a modification if the student will not demonstrate mastery of the standard on an assessment. If routinely utilized, these adaptations are modifications and require individualized goals and assessment.

Jack is an 9th grade student who has learning disabilities in reading and writing. He is in a general education 9th grade class that is team-taught by a general education teacher and a special education teacher. Modifications and accommodations provided for Jack’s daily school routine (and when he takes state or district-wide tests) include the following:

Jack will have shorter reading and writing assignments.

Jack’s textbooks will be based on the 9th grade curriculum, but at his independent reading level (5th grade).

Jack will have test questions read a loud to him. Jack will respond orally, rather than in writing, to

essay questions.

Accommodation or Modification?

Sarah has a learning disability in mathematics. Her teacher has required her to complete the first 10 fast fact problems,(but she does not have to reduce to simplest form). The rest of the class must complete the entire page of addition fractions and reduce to the simplest form, including challenging questions numbers 1-30.

Accommodation or Modification?

Focus on lesson objective: Will student benefit by completing questions 1-10?

The modification is cutting down the learning expectation for the student. To accommodate for this student, assign the odd problems, providing a sample of each type of problem.

Since the objective is quality and not quantity, help the student master objectives of the lesson without feeling frustrated.

What would need to change for example to become an accommodation??

How might accommodations look different from tier to tier?

Accommodation

ElementaryStudents are taught

strategies to compensate for their disability.

Middle SchoolStudents create their own

coping skills.Students desire to become

more independent.

High SchoolStudents help determine

what accommodations are necessary for them to

succeed in school and in life.

Example:

Accommodation

Read test/text

Middle SchoolTest/text is read to whole class, peer assistance,

audio books, screen readers, pull-out

High SchoolStudent advocates for

read-aloud accommodation, audio books, screen readers

Allowable Accommodations◦ For any student who needs it

Special Accommodations◦ Must be in the IEP◦ Must have been used during the year

Other assessments◦ Local benchmarks◦ End of course exams◦ NC Final Exams

Testing Accommodations

Diana Browning Wright, Teaching and Learning

Trainings, 2005

Summing it up:

Accommodations

Do not fundamentally alter or lower expectations or standards in instructional level, content or performance criteria.

Changes are made in order to provide equal access to learning and equal opportunity todemonstrate what is known.

Grading is same

Modifications

Do fundamentally alter or lower expectations or standards in instructional level, content or performance criteria.

Changes are made to providestudent meaningful & productive learning experiencesbased on individual needs &abilities.

Grading is different

Putting it all Together

Goal: To remove barriers to learning and demonstrate mastery.

Accommodations will keep standards substantially the same for all; outcomes may vary.

Modifications may fundamentally change the standard; instructional level or content may vary.

Expectations remain high for ALL students.

http://serc.carleton.edu/NAGTWorkshops/coursedesign/tutorial/strategies.

htmlhttp://www.readingrockets.org/strategies

http://www.christina.k12.de.us/literacylinks/elemresources/lfs_resources/activating_strategies.pdf

https://k12teacherstaffdevelopment.com/tlb/how-can-i-use-chunking-as-an-effective-memory-strategy-in-the-classroom/

Helpful Strategies to Use in the Classroom

http://www.phschool.com/eteach/social_studies/2003_05/essay.html

Helpful Strategies to Use in the Classroom

Diana Browning Wright, Teaching and Learning

Trainings, 2005

Using graphic organizers when teaching content… Organization of ideas is

self-evident to students. Reduces information processing demands needed to understand new

information.

Helpful Strategies to Use in the Classroom

making 20 percent of their class reading “stretch” texts that help them reach beyond their reading level

engaging pairs or teams of students with more challenging texts as “buddies” and giving them opportunities to reflect on those texts through discussions with each other or through “buddy” journals

modeling how to interpret the meaning of texts that use more complex approaches, like satire or rhetorical argument

engaging students with carefully selected or constructed graphic organizers that make the structure of the text visible

immersing students in more complex language exposure and usage that makes a difference in their ability to access knowledge

introducing background knowledge

57

Scaffolding for Text

Complexity

Scaffolding for students with disabilities and all struggling readers

Using tiered text is one way to scaffold. Teachers select an easy-to-read text aligned with students’ entry-level background and academic knowledge. Built on the Gradual Release of Responsibility model, which involves explicit teacher modeling, guided instruction, and independent practice—tiered texts scaffold student understanding and provide background knowledge and the multiple exposures to academic vocabulary required for comprehension.

Balancing the rigor of text complexity as proposed by the CCSS with current student reading levels may seem daunting; however, through explicit instruction in vocabulary and by building background knowledge through the use of tiered texts, teachers can make complex texts accessible to all students.

Deconstructing the State Standards for Students with Disabilities

Be aware of the student’s present level of academic achievement and functional performance (PLAAFP).

Identify the appropriate grade level standard(s) statements.

Unpack the standard. Identify what the student needs to know and be able to do in the simplest terms possible.

Example of Deconstructing a Standard

StandardQuote accurately from a text when explaining what the text says explicitly and when drawing inferences from the text. (RL.5.1)

Break the standard into its component parts:

Quote accurately Explain what happened Draw inferences

Analyze the subskills Decides on a focus. For example,

focus on explaining what happened in the text to improve the student’s comprehension

Determine Accommodations and/or Modifications for student to successfully reach standard

Determine Plan to Monitor Progress

Facts Related to Modifications

Inappropriate modifications have the potential to increase the gap between the achievement of students with disabilities and grade level expectations. This could adversely affect students throughout their educational career.

Modifications are described by altered content knowledge, conceptual difficulty, educational goals, and instructional method versus building scaffolding and bridges between existing curriculum and people involved in the educational process.

Differentiation and Universal Design for Learning (UDL) are not modifications, adaptations, or accommodations, but are supports that should be afforded to ALL students regularly.

Curriculum modification is based on ranging degrees in which our educational approach becomes distinct from or maintains the similarities to existing general curriculum.

Note:

Supports for Student Diverse LearningExamples

◦ Underlining/highlighting◦ Vertical

lines/asterisks/doodles/numbers @ margin

◦ Provide multiple media/formats

◦ “Chunking” information◦ Graphic Organizers◦ Provide multiple examples◦ Support background context

The “What” of Learning

Identify and interpret sound, light, taste, smell, and touch Identify and understand information, ideas, and concepts

Supports for Student Diverse LearningExamples

– Multi-media for student expression (video, audio, text, drawing)

– Concept mapping tools– Scaffolds and prompts – Checklists– Embedded coaches and

mentors, peer tutors– Assessment rubrics for students

The “How” of Learning

The ability to plan, execute, and monitor actions and skills

Supports for Student Diverse Learning

Examples – Choice afforded – Age appropriate activities – Culturally relevant activities – Charts/schedules/visible timers – Display of goals – Group work/collaboration – Personal journal

The “Why” of Learning

The ability to engage in actions and skills, set priorities and evaluate

Diana Browning Wright, Teaching and Learning

Trainings, 2005

1. Provide procedural prompts specific to the

strategy being taught. When and how should the strategy be used?2. Teach the cognitive strategy using small

steps.3. Provide models of appropriate responses.4. Think aloud as choices are being made5. Anticipate potential difficulties.6. Regulate the difficulty of the material. J.W. Lloyd, E.J. Kameanui, and D. Chard (Eds.) (1997) Issues in educating students with disabilities.

13 Instructional Teaching Strategies:

Diana Browning Wright, Teaching and Learning

Trainings, 2005

13 Instructional Teaching Strategies

7. Provide a cue card8. Guide student practice.9. Provide feedback and

corrections.10. Provide and teach a checklist.11. Provide independent practice12. Increase student responsibilities.13. Assess student mastery.

J.W. Lloyd, E.J. Kameanui, and D. Chard (Eds.) (1997) Issues in educating students with disabilities.

Provide opportunities for students to work in small groups and in pairs. If cooperative learning strategies are used, five conditions must be present: (a) The task must be authentic, worthwhile, and appropriate for students working in groups; (b) Small-group learning must be the goal; (c) Cooperative behavior should be taught to and used by students; (d) Group work should be structured so that students depend on one another to complete a task successfully; (e) Students should be held individually accountable (Putnam, 1998).

Tips for Structuring Lessons

Use graphic organizers to assist students with organizing information in meaningful ways. For example, Bender (2002) suggests providing students with lesson outlines as note-taking tools.

Use the instructional sequence of "I do" (teacher model), "We do" (group practice), and "You do" (individual practice). Provide supports or scaffolds to students as they are learning new material and withdraw them when they are able to perform the task on their own (Bender, 2002).

Tips for Structuring Lessons

Employ active learning strategies such as "think, pair, share" to promote recall and understanding of new learning. This strategy allows students to reflect individually on a question, pair up with a partner to share and compare answers, and finally give the best answer (Kagan, 1994). For more active learning strategies, download the Considerations Packet, Techniques for Active Learning. This packet is available from the College of William and Mary Training & Technical Assistance Center at www.wm.edu/ttac/packets/consideration.html.

Tips for Structuring Lessons

Teach learning strategies along with content material. Strategy instruction may be defined simply as instruction in how to learn and perform (Lenz, Deshler, & Kissam, 2004). "Learning strategies help students learn and perform by providing them with a specific set of steps for: (a) approaching new and difficult tasks, (b) guiding thoughts and actions, (c) completing tasks in a timely and successful manner, and (d) thinking strategically (Lenz et al., 2004, p. 261). Learning strategies may include organizing materials, memorizing information, taking notes, reading text, and taking tests.

Use ongoing informal and formal assessments to help inform instruction and monitor student progress.

Tips for Structuring Lessons

Questions