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What: Today, the U.S. Department of Education’s Office for Civil Rights (OCR) issued guidance through Dear Colleague Letters to elementary and secondary schools and institutions of higher education along with a Frequently Asked Questions document on the legal obligation to provide students with disabilities an equal opportunity to enjoy the benefits of technology. This guidance is a critical step in the Department’s ongoing efforts to ensure that students with disabilities receive equal access to the educational benefits and services provided by their schools, colleges and universities. All students, including those with disabilities, must have the tools needed to obtain a world-class education that prepares them for success in college and careers. Today’s guidance provides information to schools about their responsibilities under Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act. The guidance supplements a June 2010 letter issued jointly by OCR and the Civil Rights Division of the U.S. Department of Justice. The June letter explains that technological devices must be accessible to students with disabilities, including students who are blind or have low vision, unless the benefits of the technology are provided equally through other means. Today’s guidance highlights what educational institutions need to know and take into consideration in order to ensure that students with disabilities enjoy equal access when information and resources are provided through technology. “Technology can be a critical investment in enhancing educational opportunities for all students,” said Russlynn Ali, assistant secretary for civil rights. “The Department is firmly committed to ensuring that schools provide students with disabilities equal access to the benefits of technological advances.” Today’s guidance is part of a larger effort by the Department and Obama administration to better serve the needs of people with disabilities. Last month, U.S. Secretary of Education Arne Duncan joined Kareem Dale, associate director for the White House Office of Public Engagement and special assistant to the President for disability policy, for a conference call with stakeholders to talk about some of the Department’s efforts. During the call, Duncan discussed the Department’s commitment to maintaining accountability in No Child Left Behind for all subgroups, including students with disabilities, and highlighted the Department’s proposal to increase funding for students with disabilities in the fiscal year 2012 budget. Ali will also join Dale for a stakeholder conference call where she will discuss today’s guidance and address the Department’s work to ensure that all schools are fulfilling their responsibilities under the federal disability laws that OCR enforces.

The American Psychological Association (APA) is changing the definition of Autism Spectrum Disorders, a change which will occur in May of 2013. You can view the draft criteria here and a short explanation here. There are several changes which concern parents, education professionals and people with autism spectrum disorders. Very briefly, these changes are: 1. The new APA criterion for autism spectrum disorders is different from the current APA, IDEA and Montana educational criteria for autism spectrum disorders. 2. Asperger's Disorder and Pervasive Developmental Disorder will no longer exist as separate APA diagnostic categories, but will be subsumed in the revised APA criteria for "Autism Spectrum Disorder." What will these changes mean for students with autism spectrum disorders in Montana's public schools? 1. Montana is unlikely to change the current criteria for identification of a student as having autism until the Individuals with Disabilities in Education Act (IDEA) is reauthorized. 2. The IDEA was last reauthorized in 2004 and the revised regulations were published in 2006. There is no anticipated date for when the next reauthorization will occur. 3. When the IDEA or Montana educational criteria for educational disabilities change, there is no requirement that students who are currently identified as eligible for special education and related services be reevaluated to determine eligibility under the new criteria. These students have previously been determined as eligible using the criteria which were in effect at the time of their identification. 4. Children and youth who are evaluated and diagnosed by non-school agencies as meeting the current or revised APA definition of Autism Spectrum Disorder are still required to have a separate educational evaluation by the school district. 5. If necessary, the OPI Division of Special Education will provide guidance and technical assistance in interpreting any differences between the new APA criteria for autism spectrum disorders and the current Montana educational criteria for autism. If you have questions, please contact Doug Doty, Statewide Coordinator of the OPI Montana Autism Education Project at ddoty@mt.govor 459-5303

The Response-to-Intervention (RtI) movement is enabling public education in the United States to evolve from a reactive model in which students had to seriously deteriorate before being moved on to special education programs, to one that emphasizes early and high-quality research-based interventions in regular programs that generate useful data with which to make key decisions for each struggling student. This evolution, however, has taken place against a backdrop of legal requirements for special education referrals and evaluations that remain almost unchanged from those of more than 30 years ago. The meeting of RtI innovations and the traditional child-find requirement of the Individuals with Disabilities Education Improvement Act of 2004 (IDEA 2004) has many scratching their heads over exactly how the rules fit into the modern intervention era. Both the misconceptions that have become commonplace, as well as the legal disputes created by this juncture, make one wonder whether we truly grasp the fundamental child-find obligation of the IDEA in its present context.

The Response-to-Intervention (RtI) movement is enabling public education in the United States to evolve from a reactive model in which students had to seriously deteriorate before being moved on to special education programs, to one that emphasizes early and high-quality research-based interventions in regular programs that generate useful data with which to make key decisions for each struggling student. This evolution, however, has taken place against a backdrop of legal requirements for special education referrals and evaluations that remain almost unchanged from those of more than 30 years ago. The meeting of RtI innovations and the traditional child-find requirement of the Individuals with Disabilities Education Improvement Act of 2004 (IDEA 2004) has many scratching their heads over exactly how the rules fit into the modern intervention era. Both the misconceptions that have become commonplace, as well as the legal disputes created by this juncture, make one wonder whether we truly grasp the fundamental child-find obligation of the IDEA in its present context.

How can special education teachers be more effective? The federal Education Department is funding a new center to find out. The department's office of special education said Thursday it will spend up to $5 million on the creation of the Center to Support the Development of Effective Educators to Serve Students with Disabilities. The new center—applications are due Sep. 4—will provide technical assistance to state education departments that are reviewing and reforming certification and licensing standards for teacher preparation programs. It will be expected to work with school districts and colleges and universities.

IDEA 2004 requires that students with disabilities be provided with physical education. If your child has a disability and an IEP, the school must provide physical education as part of your child's special education program. Many children benefit from adapted physical education. Because physical education is a required component of special education, your child's physical education teacher should be included as a member of the IEP team.

U.S. Secretary of Education Arne Duncan paid a visit to Wilde Lake High School Tuesday and called the Columbia school a microcosm of the educational world: diverse and inclusive. Duncan and Assistant Secretary of Education Alexa Posny joined Wilde Lake Principal James LeMon and school system Director of Special Education Patty Daley in a round table discussion. They questioned a panel of about 20 students, parents, school staff and Howard County Public School System staff about inclusive practices for special needs students at the school.