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Legislators take up special ed rules

Mon., August 11, 2008

Proposed changes in the rules governing special education in Michigan go before a legislative committee on Wednesday.

The Joint Committee on Administrative Rules will conduct a public hearing at noon in Room 426 in the Capitol Building on a package of rule changes submitted by the Michigan Department of Education. The changes relate mainly to programs for students with severe impairments and identification of children with learning disabilities.

The new rules would continue to require that school districts provide 1,150 hours of instruction each year in programs for students with severe multiple or severe cognitive impairments, but would change the minimum number of days required from 230 to 200.

Alternatively, districts could design a calendar for a different number of days as long as 1,150 hours were provided and there were no breaks in instruction longer than two weeks. Students enrolled in those programs would no longer automatically be eligible for extended-year (summer) services. Under new federal rules, that decision must be made on an individual basis by the student’s individual education program team, a group of teachers and specialists that decides, with the parents, which services a child will receive each year.

The revisions also could change the way in which children with specific learning disabilities are identified. The term "learning disabilities" refers to cognitive disorders that affect a child’s understanding or use of language and consequently, the ability to read, write, spell or compute mathematically. More than 92,000 Michigan students were identified as having a learning disability as of the 2006-2007 school year, by far the largest subgroup in the special education population.

In the past, one way in which students were identified as learning disabled was to determine if there was a "severe discrepancy" between their ability, as determined by testing, and their actual achievement. Students with a large discrepancy were often referred to special education. However, critics called that process a "wait to fail" approach that could delay identifying students who needed help. They also charged that the model often misidentified children as needing special education when the real reason for the achievement lag was poor instruction.

Federal rules then were adopted which said a school district must not be required to use severe discrepancy testing, though it could, and must be allowed to evaluate children based on how they responded to extra academic help. The "response to intervention model" generally involves providing added instruction in a child’s weak areas. Children who do not respond are then considered for special education. Critics of the response to intervention method say it is likely to fail to identify some children and that the "severe discrepancy" model should continue to be used as well.

Michigan’s proposed rules say that the state shall not require a school district to use the "severe discrepancy" process to identify learning disabilities, and that it will permit districts to use a scientific, research-based intervention process, or an alternative research-based procedure.

The state department of education conducted six public hearings on the changes and has received approval from the State Office of Administrative Hearings and Rules. If the JCAR members do not approve of the revisions, they can submit a "notice of objection" to the full Legislature in the form of a bill requesting that the rules be rescinded as of the date they would have taken effect.

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Lorie Shane is the managing editor of the Michigan Education Report, the Mackinac Center’s education policy journal. Permission to reprint in whole or in part is hereby granted, provided that Michigan Education Report is properly cited.

Michigan Education Daily
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User Comments
education is an all around development for a child
he should be mentally and physically strong


<a href="http://rescueyoursavings.com" rel="dofollow">Savings</a> >>
education is an all around development for a child
he should be mentally and physically strong >>
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Public servants like Presidents, Vice-Presidents, Senators, Congressmen, Judges, Secretaries of Various Departments and the like should be first to be compensated for performance.
The idea that the playing field for students is level everywhere is as Quixotic as thinking all politicians are honest and competent.
There are neighborhoods where only Portugese or gang sign language is spoken, where the parents both work two jobs to pay rent, where getting to school and back is more dangerous than Iraq and Afghanastan.
This Secretary of Education has to remove the silver spoon, roll up his sleeves and take his superior intellect attitude into the trenches and show the poor slobs that are taking their teachers jobs for granted how he would do it. Just because his mommy used to help out in Chicago doesn't give him the Congression Medal of Honor. Actually he's a stuffed shirt pretending to know it all.
How much do you want to bet that he wouldn't attempt entering these neighborhoods let alone these schools without security. >>
This article is tucked away yet is profoundly correct. Parents are pseudo parenting little objects of consumption. Teens, professionals, working moms like the "idea" of a child but are not in for the long haul and everyone loses.

Schools are enabling parents to do precious little. The time parents spend with their children is the only thing that matters. Bussing needs to be cut, school breakfast, lunch, and afterschool care needs to be stopped. Parents will grow that bond by sacrificing the nails, hair, parties, drugs, quads, vacations, etc. and making a lunch for their child and arrangements to be home when the child is out of school. No one is that poor that they can't provide a boloney sandwich, a baggie of pretzels, an apple, 50 cents for a milk, and two cookies each day.

Please respond!

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Is it true that young ones today are losing interest on these subjects? Obviously, the White House is promoting programs that will help students on coping up with math and science subjects. But, The federal government thinks that the quality of math and science education can repair credit with the scientific community and improve US education with a few <a rev="vote for" title="U.S. Government Spends $250 Million on Science and Math" href="http://personalmoneystore.com/Payday-Loans/ ">payday loans</a> of sorts. In reality, it will take far longer to accomplish than they might think – US educators can't even get students to accept that "irregardless" isn't a word, and the difference between their, they're, and there – our students can't even learn their own language! It's a noble aim, to be sure, but throwing money at it may not work in the long run. >>
I am a teacher in the same county who is presently trying to quit the union. Like Caldwell, I strongly disagree with the MEA.

This article was timely.

Rob Olson
Pittsford Area Schools

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I agree this is a change worth making. I describe some of the uneven effects of the idea on my blog at http://rickolson.blogspot.com/2009/08/statewide-health-insurance-plan-for.html which you may also wish to read.

The devil will be in the details, so this is one we will need to monitor closely.

Rick Olson from Saline, former school Business Manager >>

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I AGREE >>