Self-efficacy is not a quality that evolves in students overnight or automatically. It is built and developed cognitively by students when they weigh and appraise their various life experiences. Numerous factors such as perceived abilities, prior successes, perceived task difficulty, effort and time expenditures, help received and intensity of emotions all combine to develop the students’ self-efficacy. (Schunk, 1995) Students identified with learning disabilities tend to have lower levels of academic achievement, self-knowledge, task awareness and they may not be able to judge their own levels of self-efficacy accurately which could impact the calibration between self-efficacy and performance. (Klassen, 2002)

Regarding of the importance of self-efficacy and education, it “has been hypothesized to influence the choice of behavioral activities, effort expenditure, persistence in the face of obstacles, and task performance” (Multon et al. 1991). That same study reflected “positive and statistically significant relationships between self-efficacy beliefs and academic performance and persistence…” (Multon et al., 1991). According to Pajares, the key component of self-efficacy is that “unless people believe that their actions can produce the outcomes they desire, they have little incentive to act or persevere in the face of difficulties” (2002). Pajaras continues to argue that “people’s accomplishments are generally better predicted by their self-efficacy beliefs than by their previous attainments”.

Numerous research reports support the significant role a person’s self-efficacy beliefs play in their lives (Bandura, 1993; Klassen, 2002; Multon et al., 1991; Pajares, 2002). Researchers have found that these beliefs:

…influence the courses of action people choose to pursue, the challenges and goals they set for themselves and their commitment to them, how much effort they put forth in given endeavors, the outcomes they expect their efforts to produce, how long they persevere in the face of obstacles, their resilience to adversity, the quality of emotional life and how much stress and depression they experience in coping with taxing environmental demands, and the life choices they make and the accomplishments they realize (Bandura, 2006).

Interestingly, Bandura (1986, 1997) also contends that the most functional self-efficacy judgments are that ones that slightly overshoot what one is actually capable of achieving and that the overestimation actually increases motivation and therefore achievement. He goes on to say that, “how people act can often be predicted better by their self-efficacy than by their actual skills” (1986). This further reinforces the potential educational benefits gleaned from advancing a student’s level of self-efficacy.

Two of the critical contextual factors that affect the development of self-efficacy in adolescents are transitions and development. According to Schunk and Meece (2005), “School transitions bring many changes in teacher relations, peer groups, classes and grading practices-any of which can affect self-efficacy”.

Regarding development, research has shown that self-perceptions of competence begin to decline in grade seven or even earlier (Eccles, Wigfield, & Schiefele, 1998; Wigfield et al., 1997). These declines also manifest in the content area of mathematics, especially when students transition into middle school (Jacobs, Lanza, Osgood, Eccles, & Wigfield, 2002). Stakeholders in education must target this crucial time to decrease or eliminate these declinations. Knowing that their areas decline during this pivotal time in adolescence makes it the optimal time to increase specific supports and services that we know can help stave off these declines and ideally even bring about increases in these areas.

Many factors such as positive mood induction, goal-setting, verbalization and effort-attributional feedback appear to increase self-efficacy levels. A number of studies have looked at the influence strategy instruction can have over levels of self-efficacy. In a study done by Wong, Butler, Ficzere & Kuperis (1996) a group of adolescents with learning disabilities were trained on how to plan, write and revise opinion essays. The students who received training displayed skill levels in these areas that far surpassed those students without training and also had an increase in their levels of self-efficacy as it pertained to their writing ability. It also needs to be pointed out that a competent performance is not produced based on self-efficacy alone. An irreplaceable prerequisite for a competent performance is knowledge and skill (Schunk, 1995).

One significant factor that can complicate research in this area is that of calibration. Researchers have found very strong trends and relationships between the reported self-efficacy levels and academic performance of regular education students; it does not always carry over to students with learning disabilities (Klassen, 2002). According to Klassen (2002) students with learning disabilities are not always accurate in rating their own levels of self-efficacy. The most common inaccuracy that occurs is that students with learning disabilities tend to overestimate their abilities (Alvarez & Adelman, 1991; Graham, Schwartz & MacArthur, 1993; Sawyer, Graham & Harris, 1992). This calibration issue should not limit the value placed on self-efficacy in our schools, but it does need to be acknowledged and understood so that we can provide the most benefit to our students.

Walt Smith is Special Services Instructor for the Northern Lebanon School District in Pennsylvania. He can be found on twitter @mistersmith731 or on his blog http://wildexploits.blogspot.com/

References

Multon, K, Brown, S, & Lent, R. (1991). Relation of self-efficacy beliefs to academic outcomes: a meta-analytic inversitagion. Journal of Counseling Psychology, 38(1), 30-38.

Pajares (2002). Overview of social cognitive theory and of self-efficacy. Retrieved from http://www.emory.edu/EDUCATION/mfp/eff.html

Schunk, D. H., & Meece, J. L. (2005). Self-Efficacy Beliefs of Adolescents. Information Age Publishing.

Schunk, D. (1995). Self-efficacy and educational instruction. In J.E.Maddux (Ed.), Self-efficacy, adaptation, and adjustment: Theory, research and applications (pp.281-303). New York: Plenum.

Klassen, R. (2002, Spring). A Question of calibration: a review of the self-efficacy beliefs of students with learning disabilities. Learning Disabilities Quarterly, 25, 88-101.

Bandura, A. (1986). Social foundations of thought and action: A social congnitive theory. Englewood Cliffs, NJ: Prentice Hall.

Bandura, A. (1993). Perceived Self-Efficacy in Cogitative Development and Functioning. Educational Psychologist, 28(2), 177-148.

Bandura, A. (1997). Self-efficacy: The exercise of control. New York: Freeman.

Bandura, A. (2006). Guide for constructing self-efficacy scales. Self-Efficacy Beliefs in Adolescents (pp. 307-337). Information Age Publishing.

Eccles, J. S., & Midgley, C. (1989). Stage-environment fit: Developmentally appropriate classrooms for young adolescents. In C. Ames & R. Ames (Eds.), Research on motivation and education (Vol. 3, pp. 139-186). San Diego: Academic Press.

Wigfield, A., Eccles, J. S., Yoon, K.S., Harold, R. D., Arbreton, A. J., Freeman Doan, C., et al. (1997) Change in children’s competence beliefs and subjective task values across the elementary school years: A 3-year study. Journal of Educational Psychology, 89, 451-469.

Jacobs, J. E., Lanza, S., Osgood, W., Eccles, J.S. & Wigfield, A. (2002). Changes in children’s self-competence and values: Gender and domain differences across grades one through twelve. Child Development, 73, 509-527.

Wong, B.Y.L., Butler, D. L., Ficzere, S. A., & Kuperis, S. (1996). Teaching low achievers and students with learning disabilities to plan, write, and revise opinion essays. Journal of Learning Disabilities, 26, 197-212.

Schunk, D. (1995). Self-efficacy and educational instruction. In J.E.Maddux (Ed.), Self-efficacy, adaptation, and adjustment: Theory, research and applications (pp.281-303). New York: Plenum.

Alvarez, A. & Adelman, H. S. (1986). Overstatements of self-evaluations by students with psychoeducational problems. Journal of Learning Disabilities, 19, 567-571.

Graham, S., Schwartz, S., & MacArthur, C. (1993). Learning disabled and normally achieving students’ knowledge of writing and the composing process, attitude toward writing, and self-efficacy for students with and without learning disabilities. Journal of Learning Disabilities, 26, 237-249.

Sawyer, R., Graham, S., & Harris, H. (1992). Direct teaching, strategy instruction with explicit self-regulation: Effects on composition skills and self-efficacy of students with learning disabilities. Journal of Educational Psychology, 84, 340-352.

Today we profile Jennifer Fuller James. Jennifer has been contributing articles to Special Education Advisor over the past few months and she is fast becoming one of my favorite guest authors. I hope you enjoy her profile:

1. What is your name?

Jennifer Fuller James

2. What is your education level and credentials?

I have a Master’s Degree in Social Work and a Master’s Degree in Special Education. I am certified as a school social worker, a special education teacher and an elementary education teacher.

3. What would you like a one-sentence description of yourself to say?

Jen is a compassionate, child-focused, data-driven, hard-working educator who strives to facilitate growth in the whole child of each of her students as well as herself as a professional.

4. Do you have a website?

Yes, http://www.whatisiep.com

5. How long have you been a Teacher?

I have been an educator for 22 years.

6. What type of classroom do you teach (i.e. General Education, Special Day Class, etc)?

Over my career as an educator, I have held many positions including; school counselor, school social worker, behavior specialist and special education teacher. My most recent position was teaching children with Moderate to Severe Autism in a self-contained environment in the public schools.

7. What Research based instruction methods do you use in your classroom for your students with a disability?

I use the Verbal Behavior Approach for teaching children with Autism. Verbal behavior is an excellent approach based on Applied Behavior Analysis. It encompasses academic readiness skills, behavior skills, self-help skills, social skills, play skills, physical skills, academic skills and transition skills. I also use multi-sensory reading, writing and math programs, I use differentiated instruction, I use positive reinforcement based on individual interests, and I use visual schedules and picture symbols when needed.

8. What other educational methods have you used that have been successful for your students with a disability?

Collaboration with the parents and the team of professionals working with my students has always been a priority for me. Taking ABC (Antecedent-Behavior-Consequence) data has had a huge impact on setting up appropriate behavior intervention plans to address inappropriate, unsafe and/or disruptive behaviors. I have also used Nonverbal Crisis Intervention to help decrease and de-escalate serious behavioral situations.

9. How do you create inclusion opportunities for your students with a disability?

The goal for all children with special needs is to be integrated with their nondisabled peers as much as possible. This is often a challenge with my students with Autism due to the severity of most of my students. My students eat lunch in cafeteria with their nondisabled peers, attend assemblies and special programs, participate in special school-wide programs with various grade levels and we have a buddy class that comes and reads to them. We also integrate into general education classes for Music, Library & Art. Individually, as children progress through the program they are integrated into a general education classroom for certain academic subjects, specials, parties, and guest speakers.

10. What behavior strategies and methods have worked for you in the classroom for students with a disability?

Positive behavioral supports that encourage appropriate behaviors are the most effective. A big part of this is finding tangible and intangible items and activities that motivate the child and using those items or activities to increase compliance, work productivity and pro-social behavior. I have used thousands of strategies since my career has been focused on working with children with emotional, social and behavioral issues. I believe that it is important to teach children from a young age that there are positive and negative consequences to the choices that they make. It has been my experience that working on communication strategies, management of strong emotions and increasing academic competency; usually has a highly positive effect on a child’s behavior.

11. How do you involve parents in educating their children in and out of the classroom?

I give parents detailed program descriptions about my specialized classrooms for children with emotional disabilities and children with Autism. I send letters in the summer introducing myself and offering to meet them and their child before the school year begins so that they can see the classroom and ask questions. I have always encouraged the parents of my students to come in and observe their child during the school day. I have also offered to model academic and behavioral interventions and I have done home visits when needed. I feel that encouraging a partnership with parents to educate their child with significant disabilities is vital for success.

12. How do you communicate with the parents?

I have always had a communication notebook or log. I feel that open and frequent communication between the parents and the school staff is critical for children with special needs to be successful. I also send home a weekly newsletter with the schedule, academic information, reminders and tips for working on behavioral and academic skills.

13. How do you collect data to determine if a child has met their IEP Goals?

Quality Autism programs have to be based on data, in my opinion. We assess both individual and broad skills on a daily basis and keep data on IEP objectives, behavior, manding (requesting) and other program goals that we graph daily or weekly, depending on the type of data.

I also create a master chart of my student’s objectives so I can see where I can group students with similar objectives and where I need to design individualized instruction. Not only does this help with grouping, but it also helps me to make sure I am addressing every area of their goals on a regular basis.

14. What is a typical day like in your classroom?

Due to the significance of the disabilities of my students, this varied somewhat from day to day. However, I believe that structure and consistency, with clear and high expectations and a healthy dose of fun and joy are essential for every learning environment. Some of my students can transition from one activity to the next with no problems and other students need direct support for every transition. A typical day looks something like the following:

1. Get off the bus, unpack, turn in communication log, go to the bathroom, write name and date on their daily journal and play at the table with sensory toys while everyone finished
2. Circle time where we would discuss their journal from the previous evening, create the morning message regarding our schedule together, sing songs, discuss and chart the weather, discuss and update the calendar and count the days of school
3. Divide up the class to work on manding either 1:1 or in small groups
4. Specials
5. 1:1 or small group academic time on a rotational basis
6. Group reading activity
7. Recess, bathroom break and puzzle, coloring or book time
8. Lunch
9. Math in a group setting and then split off into smaller groups
10. Another manding session
11. More 1:1 or small group academics
12.  A social studies or science group
13. Snack and bathroom
14. Completion of their daily journal about something they learned that day
15.  Free play for a few minutes while students packed up and the buses arrive

15. What is the most inspirational thing you have ever seen in the classroom?

Gosh, that is a tough one-I have seen so many! One of the most memorable was several years ago with a student who had an emotional disability and severe dyslexia. He struggled for years with basic phonics and phonemic awareness and then after great coordination between his parents, his tutor and myself all working on multisensory reading instruction he finally started to be able to decode words and he felt such a strong sense of pride. His tenacity was inspiring!

16. What advice would you give other Teachers about teaching students with a disability?

Teaching students with disabilities is the most rewarding and most challenging job I have ever done. It requires a great deal of patience, professional learning and growth to meet the diverse needs of your students, organizational skills, compassion, the ability to work closely with a team of people and requires a great deal of extra work beyond the school day.

17. What else would you like Parents and other Teachers to know that we haven’t already asked?

It is very important for all educators to regularly review the goals and objectives and the accommodations and modifications of their children with IEPs and 504s to assure that children with disabilities are getting what they are entitled to receive.

It is very important for parents to know that the IEP is a legal agreement between the school district and themselves based on the federal Individuals with Disabilities Education Act (IDEA). Parents need to know and understand their parental rights (also called procedural safeguards) to assure that the agreed upon IEP is being implemented as written. Parents should be active participants in the education of their children with disabilities.

As you can tell I’m a little emotional right now. This IEP season has been a difficult one because many of our clients have children with varying degrees of mental health issues. The mind is a complicated place that has very little predictability when mental health issues are involved. Whether you are talking about a 7 year old boy with Post Traumatic Stress Disorder (PTSD), an 8 year old boy with an anxiety disorder or a teenager who spent her toddler years in foster care and was born addicted to drugs; writing an IEP for these children is a difficult, ongoing process. Difficult might actually be an understatement, I’m not even sure an appropriate word exists in the English language for this monumental task. So why do we spend our precious time trying to outmaneuver each other rather than spend the necessary time writing an IEP that will shape a better future for that child.

To quote Charlie Sheen, “Winning.” The constant need to win is embedded in our psyches’; to the point that the need to win actually drives us to distraction. In some cases this is what happens, Parents and Schools want to win so badly that everything else gets thrown out the window. This is actually when I tell Parents “it is time to take your ball and go home.” It is not your job as a parent to win; it’s your job as a parent to make sure your child is receiving an appropriate education. If the relationship between the School and the Parents have become this toxic, it’s time to find a new placement. To start fresh with a School that will begin listening to your child and helping them shape a better future.

As a Special Education Advocate most people think my job is to win at all costs. Not at all, my job is to be that child’s advocate and give the parents and the school the best advice I can with the information I have available to me. I have even turned down clients when a Parent called and told me they wanted the School to suffer for what they have done. It is not my job to inflict suffering; they might need to look to a higher power for that one. This IEP season also had another first for me. This was the first time we had to terminate an advocacy agreement with a client. Whether we were right or wrong is irrelevant, we were no longer on the same page with our client so it was time to go. We agreed with the School’s position and as such could no longer effectively advocate for the Parent’s position. We explained our rationale to our client and terminated the agreement. I truly wish that family well.

This has also become the IEP season of Child & Family Services. On multiple occasions this year, I have seen Schools resorting to calling Child & Family Services on Parents in an effort to remove them from their School. This is normally done after alternative methods for removal have been tried and didn’t work. In one instance Child & Family Services was called by the School after the child had snuck a bottle of melatonin into their backpack and brought it to school without the parent’s knowledge. Do you think that was worthy of a visit from Child and Family Services? My advice to this Parent was it’s time to find a new placement for your child. It’s not about beating the Principal that did this it’s about finding a School that wants to help your child. Federal and State laws aside, I know I want my child in a school that respects him and wants to educate him. If you want to file a Civil Rights complaint for retaliation that’s fine but it should be done after you deal with new placement for your child.

Trevor is a quiet, well behaved, seventh grader who always sits in the back of the classroom. He rarely listens to a word that his biology teacher says, instead, he spends his time thinking about the science fiction book that he is reading. There will be a biology test in five days and he will barely pass it.

Trevor standardized test scores indicate that his intelligence is above average. His parents have long wondered how it is that this smart, shy, pleasant, 12 year old can be failing so many of his classes. His parents know that Trevor does not like school much, he has few friends and he is not especially good at sports. His only bright spot in school is English. His teachers report that he is a good writer and an excellent reader.

Predominantly Inattentive ADHD (ADHD-I) is sometimes referred to as just ADD. It was once thought to be more common in girls than in boys but researchers have come to understand that the Inattentive type of ADHD is often a missed diagnosis in both girls and boys. The Inattentive type of ADHD is a less common condition than the Combined type of ADHD (ADHD-C) and the symptoms of this type of ADHD are more ‘internal’ and less obvious than the symptoms ADHD-C.

Where people with ADHD-C are likely to be impulsive, hyperactive, extroverted, aggressive, oppositional and distracted, people with ADHD-I are, in many ways, just the opposite. They are cautious, slow, introverted, passive, obedient and spacey. Both ADHD types are inattentive but the inattentiveness of the Combined type appears to stem from distraction while the inattentiveness of ADHD-I appears to be a more “lost in their own world” type of mental fog.

People diagnosed with ADHD all under perform academically but some studies show that the inattentiveness of ADHD-I may have a particularly negative effect on academic success .Trevor’s had gone through six grades with no one giving much thought to his school underperformance but his biology teacher noticed and asked his parents to have Trevor evaluated. Trevor’s pediatrician diagnosed him as having ADHD Inattentive type in November and started him on Focalin 10mgs a day.

Unfortunately, the Focalin made Trevor feel sad and depressed. His mother brought him back to the doctor and asked if they might try some non-medication interventions. Some people with the Inattentive type of ADHD will react poorly to standard stimulant therapy and a lower dose of stimulant therapy or non-stimulant interventions sometimes improve symptoms more successfully.

The doctor asked the family to stop the Focalin and started Trevor on a regimen of Exercise, Multivitamins, Fish Oil tablets and Melatonin for sleep (Trevor’s parents reported that Trevor frequently stayed up until 1:00am). The doctor also suggested that his parents speak to the school about an Individualized Education Program (IEP). As part of his IEP, Trevor was moved to the front of the classroom and he started using a weekly planner to keep up with assignments. Trevor mom had heard that a computerized cognitive training program might help and with the doctor’s approval, he started that as well.

Executive Function problems such as disorganization, time management issues and emotional control problems commonly coexist with ADHD as do sleep problems. Melatonin, exercise, diet interventions, Fish Oil and cognitive training can sometimes help these coexisting conditions and in the process help the mental fogginess and sluggishness seen in patients with ADHD-I symptoms.

After two months, Trevor’s symptoms and grades had improved. He reported that he was more engaged in school but that he was still having focus problems in math, his least favorite class. His pediatrician started Trevor on Adderall SR 10mg and by March of his seventh grade year, Trevor had an A average in all his classes.

The diagnosis of Inattentive ADHD is often missed because the symptoms are less apparent to teachers and parents than the symptoms of the hyperactive types of ADHD. The management of ADHD-I is slightly different as ADHD and stimulants do not always work as effectively.

People with ADHD-I can get lost in the scenery and knowledgeable parents and teachers are often the first to recognize the subtle symptoms of ADHD-I. Spotting and treating these symptoms promptly is important as getting the correct diagnosis and treatment can make the difference between success and failure for children with Inattentive ADHD.

Tess Messer is the founder and editor of the award winning website Primarily Inattentive ADD. She is a practicing Physician Assistant with a Master’s degree in Public Health who has written articles for ADDitude magazine, Livestrong and many other publications. Tess is the author of the book, Ten Tips to Help Inattentive ADHD Students Succeed at School and of the soon to be published, Commanding Attention, Affordable and Effective Non-Drug Help for ADHD. She and her spouse of 24 year live in Atlanta. When she is not seeing patients, she can be found fishing with her two boys on Florida’s Forgotten Coast. Visit Tess at www.primarilyinattentiveadd.com

Essentially what that means is that the law views public schools as the “least restrictive environment.” But we have to remember the majority of laws that were passed have been written by hearing people, with little or no input from Deaf people. To hearing people, public schools are least restrictive in the sense that hearing people do not need to worry about accessibility issues or accommodations. Can we say the same about Deaf students? Are public schools truly “least restrictive environment” for Deaf students? Many hearing legislators, hearing administrators, and the hearing society want to believe that Deaf students can attend a public school and do just fine, as long as the Deaf student has cochlear implant and is hearized to the fullest extent possible. Bills have been proposed with this belief in mind, such as House Bill 1367 in Indiana and Assembly Bill 2072 in California, for example. If schools for the deaf can be closed down as result of such bills, it’s a nice benefit in eyes of most legislators, administrators and society. Why waste money on schools for the deaf when it can be funneled toward public schools?

But what most hearing legislators, hearing administrators, and the hearing society either fail to understand or refuse to accept is the fact that, for most Deaf people, the “least restrictive environment” is synonymous with “language-rich environment.” A language-rich environment is an environment where Deaf students have full access to American Sign Language (ASL), and their teachers are fluent signers and are fully trained to teach Deaf students. This concern about access to ASL and having teachers who can sign fluently isn’t new. In the past years, students have protested when they are faced with ongoing problems of quality of communication access, such as protests at Mississippi School for the Deaf and North Carolina School for the Deaf, for example. Deaf students understand that the quality of their education is compromised if their teachers cannot sign well.  ASL is the birth right of every Deaf student, and ASL has been in U.S. and Canada for over 300 years.

Public schools and oral schools are “most restrictive environment” for most Deaf students because Deaf students are not given full, unobstructed access to language, and are often taught by teachers who are not adequately trained in deaf education and often do not sign well (if at all). Additionally, public schools and oral schools follow the agenda set by “medical route environment” or “medically restrictive environment.” Audism is often practiced in this type of environment where everything is defined by what is seen in the audiogram, and how the Deaf student can be made to resemble a hearing person as much as possible.

ASL Rose supports language-rich environment for all Deaf students and would like to see zero medically restrictive environments (MRE), because MREs have no place in deaf education and have demonstrated long-term negative effect on the Deaf society. As you can see in the accompanying drawing by Paia Schroeder, on one side is a gathering of happy Deaf schools, and if an unlucky Deaf school listens to the false message of ‘freedom and hope’ offered by legislators and those following MRE path, the Deaf school gets beaten up and dies from effects of audism, bad bills, MRE, and lack of respect for ASL and Deaf culture.

To read Dr. E. Lynn Jacobowitz & Dr. Adonia K. Smith bios’ please visit their website ASL Rose.

References:

Case, B. (2006, November 28). Students protest conditions at school for deaf. Wlbt.com. Retrieved from http://www.wlbt.com/Global/story.asp?S=5740834

Drolsbaugh, M. (n.d.). Ryan Commerson: Ahead of the times. Deaf Culture Online. Retrieved from http://www.deaf-culture-online.com/ryan-commerson.html

Goldberg, D. (n.d.). Least restrictive environment (legal, judical and practical meaning). Special Education Advisor. http://www.specialeducationadvisor.com/least-restrictive-environment-legal-judicial-and-practical-meaning/

Johnson, J. (2011, June 23). Is it really about parental choices? The Deaf Edge. Retrieved from http://thedeafedge.org/2011/06/

U.S. Department of Education. (n.d.). Building the legacy: IDEA 2004. ed.gov. Retrieved from http://idea.ed.gov/explore/view/p/,root,statute,I,B,612,a,5,

Westfall, M. (2012, January 25). Indiana school for the deaf vs. hear Indiana. Deaf Echo. Retrieved from http://deafecho.com/2012/01/indiana-school-for-the-deaf-vs-hear-indiana/

Young, M. (2008, February 28). Director of N.C. school for deaf leaves. Charlotte Observer.com. In DeafNotes.com. Retrieved from http://deafnotes.com/ubb/ubbthreads.php?ubb=showflat&Number=267

Zena, M. (2008, March 5). Spreading lies about NCSD foiled protest and issues. Mishkazena.com. Retrieved from http://www.mishkazena.com/2008/03/05/spreading-lies-about-ncsd-foiled-protest-and-issues/

“Emotional disturbance means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child’s educational performance: an inability to learn that cannot be explained by intellectual, sensory, or health factors, an inability to build or maintain satisfactory interpersonal relationships with peers and teachers, inappropriate types of behavior or feelings under normal circumstances, a general pervasive mood of unhappiness or depression and/or a tendency to develop physical symptoms or fears associated with personal or school problems.”

There is also a myth that children with emotional disabilities who are gifted or even have passing grades cannot qualify for special education, this is not true. I have worked with many very smart and gifted children with emotional disabilities over the span of my career. If a child’s educational performance is being adversely affected by their emotional disturbance, the issues the child is experiencing are not based on an isolated incident (such as a death in the family or a recent divorce) and they meet at least one of the above guidelines they may qualify for an IEP.

Children with diagnosed mental illnesses who are stabilized through medication and/or outside therapy and are relatively successful in school will most likely not qualify for special education. However, if there are needs for accommodations to support their participation and continued success in school, they may qualify for a Section 504 plan since diagnosed mental illnesses are considered a medical diagnosis if the diagnosis has been given by a psychiatrist or another MD. If this is the case talk with your child’s school counselor.

Children who do qualify for special education under the category of emotional disturbance may be educated in a variety of settings depending on their level of impairment and what is considered the least restrictive environment for each child. Some children are able to remain in the general education classroom with inclusion support, behavior support and/or counseling support. Other children may need to spend some amount of time in a resource setting to work on academics, social skills, feelings management and/or related services. Other children may need to be educated in a self-contained classroom within the regular public schools where they can be integrated into general education as is appropriate. These programs are generally based on positive behavioral supports with individualized academics taught in small groups. Other children may have significant behavioral and emotional needs that may require them to be educated in an “out-of-district” school or facility that specializes in educating children with significant emotional disabilities.

In my opinion, quality programs for children with emotional disabilities in any of the above-mentioned settings should include the following components, in no particular order:

• Clear and consistent rules and procedures
• Behavior Intervention Plans (BIPs) focused on positive behavioral supports
• Psycho-educational counseling by the school counselor, school social worker or school psychologist
• Compassionate staff who are able to appropriately handle intense emotional and/or behavioral outbursts with professional detachment
• Completion of a survey of reinforcers to determine tangible and intangible positive reinforcement items and activities
• Social Skills training through groups or through a curriculum
• A daily home/school communication system
• High expectations for behavior management and academic progress
• Regular communication between all school staff regarding progress, issues and celebrations
• Creative accommodations to maximize success in both the special education and general education environments
• Collaboration between the school, the parents and outside mental health professionals
• Staff that understand the importance for consistency and know that there are times where flexibility is needed
• Staff who encourage and facilitate self monitoring for children when they are ready

Programs that have these components are much more likely to help children with emotional disabilities become successful students and members of society. As with most disabilities, the earlier intervention occurs in a child’s life the better. Many parents of children with emotional disabilities know or at least sense that there is something different about their child from an early age. I encourage you to trust this instinct and follow up on it with your pediatrician, a therapist and/or a psychiatrist. I also encourage you to share your concerns about your child’s emotional, behavioral and social deficits with your child’s school. There are many interventions and supports(in both general education and special education settings) that can be put into place beginning in pre-school that increase your child’s likelihood of success in school and in life.

It can be very overwhelming, isolating and difficult to raise a child with an emotional disability. For this reason, I encourage you to seek assistance and guidance through whatever modality works for you: on-line support groups, physical support groups, individual and/or family therapy, reading and learning about your child’s disorder and/or attending parenting classes focused on raising children with emotional issues. I also encourage you to work with your child’s teachers and school. It has been my experience that the parents who have been willing to collaborate with me and be involved in their child’s education have children whom become more successful in school and in life after school. Sometimes is really does take a village to raise a child.

Jennifer Fuller James has worked with children with special needs for over 23 years. She has been a strong advocate for children with special needs through being a school social worker, a behavior specialist and a special education teacher. She has also helped many parents to advocate for their children to be the best that they can be and to experience success in life. Jennifer received her Master’s in Social Work from The University of Washington in 1992 and her Master’s in Special Education from The University of Northern Colorado in 2005. To sign up for Jennifer’s free parent newsletter, to learn more about navigating the often confusing IEP process, advocating for your child with special needs and parenting children with special needs, please visit Jennifer’s blog at http://www.whatisiep.com.

For the past three days I have watched you roll your eyes at my son. I can see your annoyance with him when he gets loud and interrupts your quiet making it hard for you to read your book. I saw your anger when he accidentally bumped into you and just kept going instead of stopping to say he was sorry. I hear the hostility in your voice as you yell for the technicians to pay attention to your daughter and stop giving my boy extra attention. And for three days I have said nothing. 

I said nothing because you see I empathize with you. Who knows what has brought you to this place, but something happened that made your daughter hurt her leg. That incident may play over and over in your head and keep you up at night and of course make you irritable. Or maybe your daughter is the one waking up at night in pain from her hurt leg. How that must hurt you to see your child in pain… I know that hurt.

I said nothing because if there is one thing this journey I am on has taught me, it is to NOT JUDGE others. We do not know what others are really going through and for this reason I let it slide. BUT then it happened…

It happened as my boy was doing his exercises. To others it may have seemed like an easy task they asked him to do, but for my boy walking around on his heels was anything but easy. Not only did this exercise cause him physical pain from the actual spot that they cut into his foot, it was a different sensation and his neurological system that is wired so different from ours was definitely thrown out of whack. I watched my boy’s face turn red and a rash break out on his forehead the way it always does when he is stressed. He was flapping his arms and doing whatever he could do to try to regulate himself. And then out of nowhere he stopped in front of your daughter.

I watched my boy make direct eye contact with her and without being prompted he said hello. I beamed with pride. But then it happened…

SHE ROLLED HER EYES and looked away from him.

My heart broke.

Thankfully my boy did not notice, he just kept on doing his exercise but I noticed… and so did you because I saw you watching your daughter as she did it. And you said nothing! You did not prompt her to be polite and say hello back, you let her dismiss my boy.

I do not blame your daughter’s total disrespect for another human being. You see she was only doing what she saw. For three days as she sat back doing her own exercises she watched you roll your eyes and get annoyed with him. She watched your lack of empathy and compassion. Of course this is how she would react.

I write this letter because you see I cannot afford to make a big deal out of this. I have to pick and choose my battles and you dear mother… even though it saddens me… you are not a battle I choose to fight.

I will write this letter and hope that some other mothers out there will read it and think about it and perhaps the next time they feel like rolling their eyes when they see a boy like mine… perhaps they will remember this. Perhaps they will stop and think about who is around them watching the way they are acting. And perhaps they will remember the golden rule and at least encourage their child to politely say hello back to my boy!

And when I see you and your daughter tonight or tomorrow or the next day at therapy, I will continue to be nice and encourage my boy to be the same. I will not judge you even though it would be easy to do. I will accept that we are just… DIFFERENT, and pray that one day you will be able to do the same.

Signed, The Mother of the Autistic Boy

Sharon Fuentes is a freelance writer and mom searching for her passion between 7:50am-2:35pm Mon-Fri unless of course there is a snow day… then just forget about it! Check out her blog Mama’s Turn Now at: http://blog.mamasturnnow.com/ , become a part of her “VILLAGE” on Facebook, email her at mamasturnnow@hotmail.com and follow her on Twitter @mamasturnnow.

Editor’s Note:  Sharon has graciously allowed SEA to repost her letter.  It has received such overwhelming support the last 24 hours it literally crashed her website.  So please enjoy her letter here on SEA but please also go visit her website when they get it back up.

Today we are profiling Franklin Burns of Saint Tower Academy. He is currently up for Teacher of the Year on the QuickSchools website. To vote for Franklin Burns click on the link here.

1. What is your name?

My name is Franklin Lloyd Burns. My dad named me after Franklin Lloyd Wright the famous architect during the 1900’s. Since we take on traits of our name meanings or who we are named after, I believe this is the reason for my creativity in educating variety of students with special needs.

2. What is your education level and credentials?

I have a master’s of special education from Grand Canyon University and I’m planning to work on a second master’s degree in applied behavior analysis.

3. What would you like a one-sentence description of yourself to say?

I’m a very passionate individual that loves to educate all students.

4. Do you have a website?

The website for the school is www.sainttower.com. I did have a tutoring website called www.specialeducationfirst.com but to financial issues I had to close down the website.

5. How long have you been a Teacher?

I feel like I have been educator all my life but I have been a teacher since 2003. I have been educating students in the public and private for 9 years.

6. What type of classroom do you teach (i.e. General Education, Special Day Class, etc)?

I teach a variety of students ranging with Autism, Aspergers, cerebral palsy, visual impairments, intellectual disabilities, and ADHD.

7. What Research based instruction methods do you use in your classroom for your students with a disability?

The school uses a lot positive discipline, ABA, accommodations, modifications, and learning modalities to help the students become successful in the classroom.

8. What other educational methods have you used that have been successful for your students with a disability?

A good portion of students with learning disabilities are visual and kinesthetic learners. The school uses a lot of visuals and teaching manipulatives to help the students learn. For example, during science we always do the experiment first because this gives the student the experience and background knowledge to understand science. When we discuss science the students are not using their imaginations or just looking at pictures learning science. They have the experience of doing the experiment and because of this they are able to obtain the knowledge during the lesson.

9. How do you create inclusion opportunities for your students with a disability?

Currently, I have been working with the homeschool association to implement a buddy system at the school. We have coordinated field trips with the homeschool association and in the past we had homeschool volunteers’ work with our students during Taekwondo.

10. What behavior strategies and methods have worked for you in the classroom for students with a disability?

I believe if you find the students’ interests (or motivator) and the learning modality it helps motivates the student to learn. I also believe everything needs to be visual and concrete for the student. The teacher is able to control 80% to 90% of behavior by being prepared and being consistent every day. For example, the student has to do A and B and then he or she will get C. When the students understand the routine and the teacher is prepared and consistent it makes a wonderful school day.

11. How do you involve parents in educating their children in and out of the classroom?

I meet with and discuss behavior and education strategies with the parents on a daily basis.

12. How do you communicate with the parents?

Since the school is very small, I am able to speak with the parents in the morning and at the end of the school day. The school also uses a communication folder to document grades and behavior during class. This communication folder is sent home everyday.

13. How do you collect data to determine if a child has met their IEP Goals?

The school doesn’t document IEP goals because we start at the child’s learning level and everything is documented in a student’s portfolio. The school does document behavior and create an education plan to improve behavior. Then we document the behavior on an hourly basis.

14. What is a typical day like in your classroom?

We always start the day by saying the pledge and then creating daily goals. For example, a student might choose a goal of having a positive attitude. We will discuss what a positive attitude looks like and sounds like. Then we have math. We usually sing a math song or chant to help the students learn their addition, subtraction, multiplication and division facts. Then we go into centers. Each center will have a different area that we are targeting to improve. Then we have reading class and we like to read books towards the student’s interests. My higher functioning students are reading the Harry Potter series this year. We always review vocabulary words and use the new words in sentences and we look at the unique writing style of the author and ask several questions. Why is this section important, or why did she use this name for this character? My beginning readers are reading different historical figures and learning different phonics alphabet sounds. We always review the sound of the week and learn 10 to 15 new words with that sound. Then the students learn another 10 to 15 words in the stories that are read throughout the week. Then we have social studies and we have learned the 44 presidents of the United States. The students are creating a power-point presentation, a poster, and a speech of their 5 favorite presidents that they learned during the school year. Science is the funniest class of the day. The class always starts out with a review of the last experiments and introduction to the new experiment. The students follow the visuals and complete the experiment and we fill in our worksheets. Then we have student lead PE. I lead the class by starting the class with jumping jacks, push-ups, kicks, and ab crunches. Then the students have 5 minutes of being in charge of PE. They are able to select a variety of exercises such as yoga, stretches, or cardiovascular exercises that the students must follow. Then we finish the day with social skills and discuss and act out the appropriate behaviors that are expected at school. Then the students help clean up the school for 5 minutes. Clean up may include mopping the floors in the bathrooms, vacuuming one of the rooms, cleaning the table, watering plants, and taking out the trash. Before the students go home we go over their goals from the beginning of the day. We discuss if we met our goals and how we can improve tomorrow.

15. What is the most inspirational thing you have ever seen in the classroom?

I believe every year around April the teachers see their hard work come to fruition. We see the behavior change of the students and the generalization of the academic skills. I love seeing the student improve in their reading skills. As we know, reading is the most important skill that any student can learn. I believe it is truly inspirational seeing a student improving any level in reading.

16. What advice would you give other Teachers about teaching students with a disability?

I have lots of trainings throughout the school year to assist my teacher’s development in understanding the needs of students with special needs. I believe the most important advice is to be flexible and patient. What I mean by being flexible is by trying different ways of teaching to students and not using your only way of teaching. The way you teach may not reach all students and we have to be flexible in our teaching zone. Teachers should use a variety of teaching modalities to include all students in the learning process. I always tell my teachers to be patient because we will not see a dramatic change until the month of April. We have to move at the students pace and not at the class pace. This is one of the reasons of opening a private school is to move at the students pace and not having the students or the school being punished because a student is lagging behind. This creates a more positive and nurturing learning environment at school.

17. What else would you like Parents and other Teachers to know that we haven’t already asked?

I would like parents and teachers to know that I will open the first college for students with special needs in the State of Texas. My goal is to give the opportunity to all students to become lifelong learners. Currently, most individuals can enroll at a college and take an algebra class. What about the individual that is at a 3rd grade level in math? They should have the right to learn at their level. Saint Tower Academy College is a goal that I want to reach in the next ten years.

To vote for Franklin Burns click on the link here.

Mr. Franklin Burns, M.S. Education

Director of Education/Principal of Saint Tower Academy School for Exceptional Students

Mr. Franklin Burns is a special education teacher with a combined 9 years of teaching between Klein ISD where he was a substitute teacher and a teacher in Cypress-Fairbanks ISD. Mr. Burns’ competencies include special populations, curriculum modification, and behavior interventions.

As a special education student himself in high school, Mr. Burns was placed in many programs that did not address his strengths in his learning modalities, which motivated him to become a special education teacher to innovate how special education is taught.

As an educator, Mr. Burns has assisted to develop and create a Life Skills curriculum that consisted of improving and modifying math and reading programs that were used in the classroom. In addition, Mr. Burns has provided many opportunities with technology in the classroom using assistive technology devices (AAC-augmentative and alternative communication devices) in the areas of writing, reading and enhancing communication as well as using the computer for teaching content areas.

Mr. Burns has taught in the Life Skills classroom for students with mild to severe disabilities from grades Kindergarten through 5th grade as well as having taught in the general education classroom in a co-teach/in class support model for 2nd and 5th graders.

Mr. Burns has helped facilitate and assist in organizing staff development for teachers in the Life Skills classrooms as well as mentoring new Life Skills teachers by assisting them in creating activities for their students and providing general education teachers with collaborative efforts to incorporate special populations in the general education classroom for social and pragmatic skills.

In 2010, Mr. Burns founded the Special Education First: Tutoring and Advocacy Services. Mr. Burns provides tutoring services for diverse learning populations and provides in home training for parents to help assist them with their child’s academics and behavior challenges. Mr. Burns’ advocacy services assist parents in reviewing their child’s individual education plans (IEPs) and prepare them for their child’s ARDs.

During his spare time, Mr. Burns volunteers at Spirit Acres Farm Equine Rescue and Rehabilitation where he assists with rehabilitating neglected and abused horses for potential re-adoption.

Mr. Burns has his Master’s Degree in Special Education.

I want you to get this guy where he breathes! I want you to find this Eliot Ness, I want him dead! I want his family dead! I want his house burned to the ground! (I have edited this quote for language and shortened it but you get the idea)

While this might be your first reaction, this also happens to be the worst possible course of action. When your child is being bullied the number one issue should be your child, not the other child’s punishment. This is an extremely hard pill to swallow but is necessary for your child’s safety and well-being. Children with disabilities are very often the target of bullying but these same children will most likely have an Individualized Education Program (IEP) which can be used as an effective way to address the bullying. Before addressing the issue in an IEP the following steps should be taken in writing:

1. Report the bullying to the school;
2. Ask for a copy of your school’s bullying policy;
3. Ask for the incident/s to be investigated by the Principal and the School;
4. Any correspondence should be Carbon Copied (CC’d) to the School District and Special Education Department;
5. Ask what the School will be doing, in the short term, during the investigation to ensure the safety and well-being of your child;
6. Ask for the outcome of any investigation, not the punishment of the other child, but what steps the School will be putting in place for the long-term to make sure this never happens again; and
7. Request an IEP meeting to address all of these issues in your child’s IEP.

Due to privacy laws, the School will most likely not be able to tell you how they punished the other child but if it was determined that it was a reportable action make sure a Police report is filed. In my opinion though, I don’t think punishment alone stops bullying anyway; this is why you need to focus on your child. As far back as 2000 the U.S. Department of Education acknowledged in a Dear Colleague letter that bullying of children with a disability is a serious issue and can cause a denial of a Free Appropriate Public Education (FAPE):

Disability harassment that adversely affects an elementary or secondary student’s education may also be a denial of FAPE under the IDEA, as well as Section 504 and Title II. The IDEA was enacted to ensure that recipients of IDEA funds make available to students with disabilities the appropriate special education and related services that enable them to access and benefit from public education. The specific services to be provided a student with a disability are set forth in the student’s individualized education program (IEP), which is developed by a team that includes the student’s parents, teachers and, where appropriate, the student. Harassment of a student based on disability may decrease the student’s ability to benefit from his or her education and amount to a denial of FAPE.

I have also written in the past about how the Courts feel about Bullying causing a denial of FAPE:

In a landmark United States District Court decision, Judge Jack Weinstein has ruled that bullying can cause a child with a disability to be denied a Free Appropriate Public Education (FAPE). The case, T.K. versus New York City Department of Education, established a legal test that can be applied to future cases in the Eastern District of New York.

Now that we have determined that Bullying is an IEP issue how do we address it in the IEP? Some strategies include:

• Writing a safety plan, with the child’s input, that outlines what they should do if they are being bullied. At a minimum, this should include who they should report the incident to and where they should go. There should be more than one person and location to make sure there is always someone/someplace to go if the child needs help. It’s very important to develop this plan with the child’s input so they feel comfortable using it.

• Having the child shadowed during unstructured times such as lunch, recess or classroom changes to ensure safety.

• Educating the child that the bullying is not their fault; that they have the right to be educated in a safe environment.

• Requesting new assessments to identify 1) the cause of the bullying, and 2) the effect the bullying is having on the child. This might include a social/emotional assessment, mental health assessment, recreation assessment or others.

• Writing new goals in the IEP specific to the bullying. These goals could include coping strategies to utilize when the child is being bullied, educating the child on ways to identify bullying or helping to increase the child’s social skills.

• Putting in place a structured routine during recess and lunch to limit interaction between the students involved. I have seen positive results in separating the class into play groups and giving each play group the choice of two areas to go during recess and lunch. As long as the children are in different areas it should limit their interaction and incidents of bullying. Since you are limiting the entire class, not just the child being bullied, it reduces their feeling that they are being punished even though they are the victim.

• Putting in place additional services to accomplish the new goals. This could include social skills training, school counseling, educational related mental health services, training for school personnel and students, parent training and counseling and many others.

When discussing these strategies and issues with the IEP Team, it’s important to note that it’s irrelevant whether the members of the Team agree that the child is being bullied. All that matters is that the child perceives that they are being bullied; therefore, it is affecting their ability to be educated. Try not to focus solely on what occurred but rather how do we help the child.

UNITED STATES DEPARTMENT OF EDUCATION WASHINGTON, D.C. 20202

July 25, 2000

Dear Colleague:

On behalf of the Office for Civil Rights (OCR) and the Office of Special Education and Rehabilitative Services (OSERS) in the U.S. Department of Education, we are writing to you about a vital issue that affects students in school – harassment based on disability. Our purpose in writing is to develop greater awareness of this issue, to remind interested persons of the legal and educational responsibilities that institutions have to prevent and appropriately respond to disability harassment, and to suggest measures that school officials should take to address this very serious problem. This letter is not an exhaustive legal analysis. Rather, it is intended to provide a useful overview of the existing legal and educational principles related to this important issue.

Why Disability Harassment Is Such an Important Issue

Through a variety of sources, both OCR and OSERS have become aware of concerns about disability harassment in elementary and secondary schools and colleges and universities. In a series of conference calls with OSERS staff, for example, parents, disabled persons, and advocates for students with disabilities raised disability harassment as an issue that was very important to them. OCR’s complaint workload has reflected a steady pace of allegations regarding this issue, while the number of court cases involving allegations of disability harassment has risen. OCR and OSERS recently conducted a joint focus group where we heard about the often devastating effects on students of disability harassment that ranged from abusive jokes, crude name-calling, threats, and bullying, to sexual and physical assault by teachers and other students.

We take these concerns very seriously. Disability harassment can have a profound impact on students, raise safety concerns, and erode efforts to ensure that students with disabilities have equal access to the myriad benefits that an education offers. Indeed, harassment can seriously interfere with the ability of students with disabilities to receive the education critical to their advancement. We are committed to doing all that we can to help prevent and respond to disability harassment and lessen the harm of any harassing conduct that has occurred. We seek your support in a joint effort to address this critical issue and to promote such efforts among educators who deal with students daily.

What Laws Apply to Disability Harassment

Schools, colleges, universities, and other educational institutions have a  responsibility to ensure equal educational opportunities for all students,  including students with disabilities. This responsibility is based on Section  504 of the Rehabilitation Act of 1973 (Section 504) and Title II of the Americans  with Disabilities Act of 1990 (Title II), which are enforced by OCR. Section  504 covers all schools, school districts, and colleges and universities receiving  federal funds.¹ Title  II covers all state and local entities, including school districts and public  institutions of higher education, whether or not they receive federal funds.² Disability  harassment is a form of discrimination prohibited by Section 504 and Title  II.³ Both  Section 504 and Title II provide parents and students with grievance procedures  and due process remedies at the local level. Individuals and organizations  also may file complaints with OCR.

States and school districts also have a responsibility under Section 504,  Title II, and the Individuals with Disabilities Education Act (IDEA),⁴ which  is enforced by OSERS, to ensure that a free appropriate public education (FAPE)  is made available to eligible students with disabilities. Disability harassment  may result in a denial of FAPE under these statutes. Parents may initiate administrative  due process procedures under IDEA, Section 504, or Title II to address a denial  of FAPE, including a denial that results from disability harassment. Individuals  and organizations also may file complaints with OCR, alleging a denial of FAPE  that results from disability harassment. In addition, an individual or organization  may file a complaint alleging a violation of IDEA under separate procedures  with the state educational agency.⁵ State  compliance with IDEA, including compliance with FAPE requirements, is monitored  by OSERS’ Office of Special Education Programs (OSEP).

Harassing conduct also may violate state and local civil rights, child abuse,  and criminal laws. Some of these laws may impose obligations on educational  institutions to contact or coordinate with state or local agencies or police  with respect to disability harassment in some cases; failure to follow appropriate  procedures under these laws could result in action against an educational institution.  Many states and educational institutions also have addressed disability harassment  in their general anti-harassment policies.⁶

Disability Harassment May Deny a Student an Equal Opportunity to Education under Section 504 or Title II

Disability harassment under Section 504 and Title II is intimidation or abusive behavior toward a student based on disability that creates a hostile environment by interfering with or denying a student’s participation in or receipt of benefits, services, or opportunities in the institution’s program. Harassing conduct may take many forms, including verbal acts and name-calling, as well as nonverbal behavior, such as graphic and written statements, or conduct that is physically threatening, harmful, or humiliating.

When harassing conduct is sufficiently severe, persistent, or pervasive that it creates a hostile environment, it can violate a student’s rights under the Section 504 and Title II regulations. A hostile environment may exist even if there are no tangible effects on the student where the harassment is serious enough to adversely affect the student’s ability to participate in or benefit from the educational program. Examples of harassment that could create a hostile environment follow.

• Several students continually remark out loud to other students during class that a student with dyslexia is “retarded” or “deaf and dumb” and does not belong in the class; as a result, the harassed student has difficulty doing work in class and her grades decline.
• A student repeatedly places classroom furniture or other objects in the path of classmates who use wheelchairs, impeding the classmates’ ability to enter the classroom.
• A teacher subjects a student to inappropriate physical restraint because   of conduct related to his disability, with the result that the student tries   to avoid school through increased absences.⁷
• A school administrator repeatedly denies a student with a disability access to lunch, field trips, assemblies, and extracurricular activities as punishment for taking time off from school for required  related to the student’s disability.
• A professor repeatedly belittles and criticizes a student with a disability for using accommodations in class, with the result that the student is so discouraged that she has great difficulty performing in class and learning.
• Students continually taunt or belittle a student with mental retardation by mocking and intimidating him so he does not participate in class.

When disability harassment limits or denies a student’s ability to participate in or benefit from an educational institution’s programs or activities, the institution must respond effectively. Where the institution learns that disability harassment may have occurred, the institution must investigate the incident(s) promptly and respond appropriately.

Disability Harassment Also May Deny a Free Appropriate Public Education

Disability harassment that adversely affects an elementary or secondary student’s education may also be a denial of FAPE under the IDEA, as well as Section 504 and Title II. The IDEA was enacted to ensure that recipients of IDEA funds make available to students with disabilities the appropriate special education and related services that enable them to access and benefit from public education. The specific services to be provided a student with a disability are set forth in the student’s individualized education program (IEP), which is developed by a team that includes the student’s parents, teachers and, where appropriate, the student. Harassment of a student based on disability may decrease the student’s ability to benefit from his or her education and amount to a denial of FAPE.

How to Prevent and Respond to Disability Harassment

Schools, school districts, colleges, and universities have a legal responsibility  to prevent and respond to disability harassment. As a fundamental step, educational  institutions must develop and disseminate an official policy statement prohibiting  discrimination based on disability and must establish grievance procedures  that can be used to address disability harassment.⁸ A clear policy serves a  preventive purpose by notifying students and staff that disability harassment  is unacceptable, violates federal law, and will result in disciplinary action.  The responsibility to respond to disability harassment, when it does occur,  includes taking prompt and effective action to end the harassment and prevent  it from recurring and, where appropriate, remedying the effects on the student  who was harassed.

The following measures are ways to both prevent and eliminate harassment:

• Creating a campus environment that is aware of disability concerns and sensitive to disability harassment; weaving these issues into the curriculum or programs outside the classroom.
• Encouraging parents, students, employees, and community members to discuss disability harassment and to report it when they become aware of it.
• Widely publicizing anti-harassment statements and procedures for handling discrimination complaints, because this information makes students and employees aware of what constitutes harassment, that such conduct is prohibited, that the institution will not tolerate such behavior, and that effective action, including disciplinary action, where appropriate, will be taken.
• Providing appropriate, up-to-date, and timely training for staff and students to recognize and handle potential harassment.
• Counseling both person(s) who have been harmed by harassment and person(s) who have been responsible for the harassment of others.
• Implementing monitoring programs to follow up on resolved issues of disability harassment.
• Regularly assessing and, as appropriate, modifying existing disability harassment policies and procedures for addressing the issue, to ensure effectiveness.

Technical Assistance Is Available

U.S. Secretary of Education Richard Riley has emphasized the importance of ensuring that schools are safe and free of harassment. Students can not learn in an atmosphere of fear, intimidation, or ridicule. For students with disabilities, harassment can inflict severe harm. Teachers and administrators must take emphatic action to ensure that these students are able to learn in an atmosphere free from harassment.

Disability harassment is preventable and can not be tolerated. Schools, colleges, and universities should address the issue of disability harassment not just when but before incidents occur. As noted above, awareness can be an important element in preventing harassment in the first place.

The Department of Education is committed to working with schools, parents, disability advocacy organizations, and other interested parties to ensure that no student is ever subjected to such conduct, and that where such conduct occurs, prompt and effective action is taken. For more information, you may contact OCR or OSEP through 1-800-USA-LEARN or 1-800-437-0833 for TTY services. You also may directly contact one of the OCR enforcement offices listed on the enclosure or OSEP, by calling (202) 205-5507 or (202) 245-7468 for TTY services.

Thank you for your attention to this serious matter.

Norma V. Cantu, Assistant Secretary for Civil Rights

Judith E. Heumann, Assistant Secretary Office of Special Education and Rehabilitative Services

¹ Section 504 provides: “No otherwise qualified individual with a disability  . . . shall, solely by reason of  her or his disability, be excluded from the  participation in, be denied the benefits of, or be subjected to discrimination  under any program or activity receiving federal financial assistance.”  29 U.S.C. § 794(a).  See 34 CFR Part 104 (Section 504 implementing regulations).

² Title II provides that “no qualified individual with a disability shall,  by reason of such disability, be excluded from participation in or be denied  the benefits of the services, programs, or activities of a public entity, or  be subjected to discrimination by any such entity.”  42 U.S.C. § 12132.  See  28 CFR Part 35 (Title II implementing regulations).

³ The Department of Education’s Office for Civil Rights (OCR) has issued  policy guidance on discriminatory harassment based on race (see 59 Fed. Reg.  11448 (Mar. 10, 1994),) and sex (see 62 Fed Reg. 12034 (Mar. 13, 1997), ).   These policies make clear that school personnel who understand their legal  obligations to address harassment are in the best position to recognize and  prevent harassment, and to lessen the harm to students if, despite their best  efforts, harassment occurs.  In addition, OCR recently collaborated with the  National Association of Attorneys General (NAAG) to produce a guide to raise  awareness of, and provide examples of effective practices for dealing with,  hate crimes and harassment in schools, including harassment based on disability.   See “Protecting Students from Harassment and Hate Crime, A Guide for Schools,”  U.S. Department of Education, Office for Civil Rights, and the National Association  of Attorneys General (Jan. 1999) (OCR/NAAG Harassment Guide), Appendix A: Sample  School Policies.   The OCR/NAAG Harassment Guide may be accessed on the internet  at www.ed.gov/offices/OCR/archives/Harassment/.   These documents are a good resource for understanding the general principle  of discriminatory harassment.  The policy guidance on sexual harassment will  be clarified to explain how OCR’s longstanding regulatory requirements continue  to apply in this area in light of recent Supreme Court decisions addressing  the sexual harassment of students.

⁴ 20 U.S.C. §1400 et seq.

⁵ 34 C.F.R. § 300.660 et seq.

⁶ For more information regarding the requirements of state and local laws, consult the OCR/NAAG Harassment Guide, cited in footnote 3 above.

⁷ Appropriate classroom discipline is permissible, generally, if it is of  a type that is applied to all students or is consistent with  the Individuals with Disabilities Education Act (IDEA) and Section 504, including  the student’s Individualized Education Program or Section 504 plan.

⁸ Section 504 (at 34 CFR § 104.7) and Title II (at 28 CFR § 35.107(a)) require  that institutions have  published internal policies and grievance procedures  to address issues of discrimination on the basis of disability, which includes  disability harassment.  While there need not be separate grievance procedures  designed specifically for disability harassment, the grievance procedures that are available must be effective in resolving problems of this nature.