Legislative Regulations and Service Delivery Models in Schools Notes

California Public Education System Overview

• Total Student Enrollment: California serves approximately $5.8 \text{ million}$ public school students.

• Organizational Structure:

  • Includes more than $1,000$ school districts.

  • Consists of over $10,000$ public schools.

  • California represents the largest public education system in the United States.

• Demographics: The student population is characterized by high linguistic, cultural, and socioeconomic diversity.

• Geographic Reach: Schools serve students across a spectrum of environments, including urban, suburban, rural, and geographically isolated communities.

Student Diversity and Accountability in California

• Diverse Student Populations Served:

  • Multilingual students.

  • Culturally diverse students.

  • Socioeconomically diverse students.

  • Students with disabilities.

  • Foster youth.

  • Students experiencing homelessness.

  • English learners.

• Indicators of School Success (Accountability Measures): California measures educational equity and success using multiple indicators:

  • Academic achievement.

  • Graduation rates.

  • Chronic absenteeism.

  • College and career readiness.

  • English learner progress.

  • Suspension rates.

Implications for Speech-Language Pathologists (SLPs) and Educators

• Professional Navigation Challenges:

  • Large caseloads.

  • Multilingual populations.

    • Ask about the district cap on caseloads

    • If no cap, how do you decide on the number of caseloads

  • Educational inequities.

  • Varying access to resources across districts.

• Best Practices for Practitioners:

  • Utilize culturally responsive assessment procedures.

  • Effectively distinguish between a language difference and a language disorder.

  • Collaborate actively with families.

  • Advocate for equitable access to services.

  • Consider the social determinants of health in clinical and educational planning.

Social Determinants of Health (SDOH)

• Core Indicators of a Child's Well-being:

  • Economic circumstances.

  • Health care access.

  • Physical environment and safety.

• Healthy People 2030 Framework (Five Domains):

  • Education Access and Quality: The relationship between educational opportunities and health outcomes.

    • Early childhood education

    • Language access

    • Reduced preschool access

    • May receive delayed identification

    • Inconsistent therapy services

  • Economic Stability: Financial security, poverty levels, and employment status.

  • Social and Community Context: Social support systems and community cohesion.

  • Health Care Access and Quality: Availability and quality of medical services.

  • Neighborhood and Built Environment: Safety, housing quality, and environmental hazards.

Impact of Poverty and Challenging Home Conditions

• Affected Developmental Areas: Adverse home conditions can impact:

  • Cognitive development.

  • Academic development.

  • Health and well-being.

  • Behavioral development.

  • Oral and literate language development.

• Parental Limitations: Families may struggle to assist children with schoolwork due to limited educational backgrounds or work schedules that prevent them from being at home to care for the child.

• Specific Effects of Homelessness and Low-SES (Roseberry-McKibbon, 2012; Nelson, 2010):

  • Important Distinction: Being poor does not cause children to have language and behavioral impairments. However, specific characteristics are associated with low-SES backgrounds.

  • Physical Factors: Malnutrition, illness, and hearing/vision problems.

  • Housing Hazards: Lead poisoning, frequent moving, crowded conditions, and lack of outdoor play areas.

  • Community Factors: Neighborhood violence.

  • Home Factors: Family stress, fewer learning resources (books/technology), and a lack of cognitive and linguistic stimulation.

• Clinical Considerations: SLPs must consider how these challenges impact referral rates for special services and the child's ability to participate effectively in those services.

Inclusive Public School Culture and MTSS Framework

• Foundations of Belonging:

  • Ensuring families begin in the most inclusive environment by preschool.

  • Focusing on communicative competence and reading literacy to allow students to express needs and knowledge.

  • Utilizing Universal Design for Learning (UDL) through a Multi-Tiered System of Support (MTSS) framework.

  • Developing person-centered plans that transition with the student across systems and age levels.

• Collaborative Partners in School Settings:

  • Psychologists.

  • Occupational Therapists (OTs).

  • Physical Therapists (PTs).

  • General and Special Education Teachers.

  • Behavior Specialists.

  • Speech-Language Pathology Assistants (SLPAs).

  • Low Incidence Personnel.

  • Parents and Instructional Assistants.

Service Delivery Models for Speech-Language Services

• Methodologies (Moore & Montgomery, 2018):

  • Co-teaching, Consultation, Collaboration, and Co-treatment.

  • Small group and Pull-out sessions.

• Formats of Delivery:

  • Individual treatment.

  • In-class support.

  • Telepractice.

  • Service delivery through SLPAs.

• Grouping Options:

  • Grade level groupings.

  • Like-disability groupings.

  • Age and Cross-age groupings.

  • Peer groups.

Response to Intervention (RTI) and MTSS

• RTI Definition: A systemic, data-driven approach to early intervention, prevention, and behavioral strategies that benefits all students.

• MTSS Definition: A more comprehensive framework than RTI that includes academics, behavioral/social-emotional needs, and a "whole child" focus.

• The Three Tiers of Support:

  • Tier 1 (Primary): General education core curriculum. Includes research-based core instruction, classroom management, and universal screening for all students.

  • Tier 2 (Secondary): Additional individual or small group support for students struggling with grade-level skills. Involves the Student Study Team (SST) and frequent progress monitoring.

  • Tier 3 (Tertiary): Intensive and individualized support with increased frequency. Students in this tier may be referred for special education services.

• Intensity Variables: As one moves from Tier 1 to Tier 3, the size of the instructional group decreases while the intensity and frequency of progress monitoring and intervention increase.

Special Education Law and Regulations

• Hierarchy of Authority:

  • Federal: Public Law (IDEA 2004) and the Code of Federal Regulations.

  • State: California Education Code and Title V Regulations.

  • Local: School Board Policy and Administrative Regulations.

• Special Education History in the U.S.:

  • 1975: Education for All Handicapped Children Act (EAHCA/PL 94-142) passed, guaranteeing Free Appropriate Public Education (FAPE).

  • 1990: EAHCA renamed to Individuals with Disabilities Education Act (IDEA).

  • 1997: Major reauthorization of IDEA.

  • 2004: Reauthorization of IDEA emphasizing high standards, Least Restrictive Environment (LRE), transition planning, and postsecondary outcomes.

  • 2015-Present: Every Student Succeeds Act (ESSA) and trends toward neurodiversity-affirming practices and culturally responsive assessments.

• Key Case Law:

  • Board of Education v. Rowley (1982): Early standards for educational benefit.

  • Endrew F. v. Douglas County School District (2017): Clarified that IEPs must provide students the opportunity for meaningful educational progress, not merely minimal benefit.

Individualized Education Programs (IEP)

• Definition: A legal document that provides information regarding a student’s current status, educational needs, goals, and services.

• Scope: All children in Special Education must have an IEP. This include students classified as "Speech and Language Only."

• FAPE (Free Appropriate Public Education): Special education and related services available at no charge to the parent/guardian that meet state standards and conform to the student's IEP.

• LRE (Least Restrictive Environment): Students must be educated as close to typical peers as possible; removal from general education occurs only if the disability's severity prevents appropriate education there.

• District Responsibilities:

  • Zero Reject: No student can be determined too severe to be served.

  • The district members are considered the education experts.

  • The parent makes the ultimate decision based on the district’s written offer.

Eligibility under IDEA

• Criteria for Qualification:

  1. Meet the definition of one or more of the categories of disabilities.

  2. Need special education and related services as a result of that disability (34 CFR 300.8 (a)(1); Ed. Code 56026).

• Educational Impact: According to 34 C.F.R. § 300.8, a child is eligible if the disability "adversely affects a child’s educational performance."

  • This impact is not limited to academic performance.

  • Areas of functional impact: Academic, Social/Emotional, Communication, and Behavioral functioning.

• The 13 Eligibility Categories:

  1. Autism

  2. Intellectual Disability (ID)

  3. Hard of hearing

  4. Specific Learning Disability (SLD)

  5. Visually Impaired (including Blind)

  6. Deaf

  7. Deaf-Blind

  8. Multiple Disabilities (MD)

  9. Emotional Disturbance (ED)

  10. Other Health Impaired (OHI)

  11. Orthopedically Impaired (OI)

  12. Traumatic Brain Injury (TBI)

  13. Speech-Language Impaired (SLI)

• Speech and Language Impairment (SLI) Definition: "Speech or language impairment means a communication disorder, such as stuttering, impaired articulation, a language impairment, or a voice impairment, that adversely affects a child’s educational performance." — 34 C.F.R. § 300.8(c)(11).

Assessment Procedures

• Legal Mandates:

  • Assess in all areas of suspected disability (20 U.S.C. § 1414(b)(3)(B)).

  • Use a variety of tools and strategies; do not use a single measure as the sole criterion (34 C.F.R. § 300.304(b)(2)).

• Assessment Components:

  • Review of records.

  • Standardized testing.

  • Observations in multiple settings (e.g., classroom and recess).

  • Interviews with parents, teachers, and students (if appropriate).

• Non-academic needs: Standardized tests alone are usually insufficient for determining eligibility for non-academic functional needs.

Statistics on Students with Disabilities (SWD) in California

• Total Population: More than $754,000$ SWD between ages $0 \text{ to } 22$.

• Age Distribution: Nearly $49\%$ are between the ages of $6 \text{ and } 12$.

• Gender: $68\%$ are boys.

• Language: $29\%$ are English Learners.

• Top 3 Disability Categories:

  1. Specific Learning Disability ($38.87\%$)

  2. Speech and Language ($21.21\%$)

  3. Autism ($13.86\%$)

Section 504 Plans

• Definition: A plan outlining accommodations for students with disabilities who do not require special education (Specialized instruction).

• SLP Role: SLPs are typically not involved; this is a General Education function.

Professional Responsibilities of the School SLP

• Consult with outside medical and service providers.

• Provide Augmentative and Alternative Communication (AAC) and other needed interventions.

• Collaborate to ensure presenting behaviors are not misunderstood.

• Advocate for resources within and outside the educational system.

• Provide appropriate diagnostics for children with complex medical concerns to ensure access to FAPE/LRE and the general curriculum.