{"id":19,"date":"2020-06-27T15:47:52","date_gmt":"2020-06-27T15:47:52","guid":{"rendered":"https:\/\/pressbooks.usnh.edu\/edu606701\/chapter\/defining-and-understanding-special-education\/"},"modified":"2024-08-12T21:03:23","modified_gmt":"2024-08-12T21:03:23","slug":"defining-and-understanding-special-education","status":"publish","type":"chapter","link":"https:\/\/pressbooks.usnh.edu\/edc703-803\/chapter\/defining-and-understanding-special-education\/","title":{"raw":"Defining and Understanding Special Education","rendered":"Defining and Understanding Special Education"},"content":{"raw":"<div class=\"textbox shaded\" style=\"text-align: left\">\r\n<h2>Defining and Understanding Special Education<\/h2>\r\n<span>This chapter presents a succinct yet comprehensive overview of Special Education, integrating specific citations from the Individuals with Disabilities Education Act (IDEA) to underscore the significance of each component of the entitlements under \u201cSpecial Education\u201d for school-aged children with disabilities. As you progress through your course of study en route to obtaining your special education teacher certification, you will delve deeply into these subtopics, gaining a thorough understanding of the intricate framework that supports the educational journey of students with disabilities.<\/span>\r\n\r\n<span>Throughout your academic and professional pursuits, you will explore the nuances of these regulations and how they translate into practical applications within the classroom. By understanding the legal foundations, such as the IDEA statute and regulations, you will be better equipped to advocate for and implement the rights and services essential for the growth and development of students with disabilities.<\/span>\r\n\r\n<strong>Table of Contents<\/strong>\r\n<ul>\r\n \t<li>Where \u201cspecial education\u201d is defined in IDEA<\/li>\r\n \t<li>Key points about \u201cspecial education\u201d<\/li>\r\n \t<li>IDEA\u2019s Exact Words<\/li>\r\n \t<li>Adaptations and Modifications<\/li>\r\n \t<li>Where is special education provided?<\/li>\r\n \t<li>The Long Story on Special Education<\/li>\r\n \t<li>What does \u201cspecially designed Instruction\u201d mean?<\/li>\r\n \t<li>What\u2019s peer-reviewed research?<\/li>\r\n \t<li>The role of states<\/li>\r\n<\/ul>\r\n<\/div>\r\n<div class=\"textbox textbox--key-takeaways\"><header class=\"textbox__header\">\r\n<p class=\"textbox__title\">Key Takeaway<\/p>\r\n\r\n<\/header>\r\n<div class=\"textbox__content\">\r\n<p style=\"text-align: left\">Special education is not a place. It\u2019s a set of services that includes adapting instruction (what\u2019s presented, how it\u2019s presented) to address the unique needs of the child that result from the disability.<\/p>\r\n\r\n<\/div>\r\n<\/div>\r\n<p style=\"text-align: left\">Excerpts from the Center for Parent Information and Resources (6.27.2020). Key Definitions in IDEA| Defining and Understanding Special Education, Newark, NJ, Author (2017)<\/p>\r\n\r\n<h3><strong>Special Education<\/strong><\/h3>\r\n<strong>Importance of This Key Term<\/strong>\u00a0| As the OSEP\u00a0<strong><em><a href=\"https:\/\/www2.ed.gov\/policy\/speced\/guid\/idea\/memosdcltrs\/guidance-on-fape-11-17-2015.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">Dear Colleague Letter on FAPE<\/a><\/em><\/strong>\u00a0indicates, special education is at the core of how schools address the needs of students with disabilities and support them in achieving the annual goals stated in their IEPs as aligned with the state\u2019s academic content standards. Accordingly, how this term is defined in law and implemented in the real world is extremely important to students, families, schools, and Parent Centers.\r\n\r\n<strong>Where \u201cspecial education\u201d is defined in IDEA<\/strong>\u00a0| IDEA defines \u201cspecial education\u201d at 34 CFR \u00a7300.39, as follows:\r\n\r\n<strong>\u00a7300.39 Special education.<\/strong>\r\n<p style=\"padding-left: 40px\">(a)\u00a0<strong><em>General<\/em><\/strong>. (1) Special education means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including\u2014<\/p>\r\n<p style=\"padding-left: 40px\">(i) Instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and<\/p>\r\n<p style=\"padding-left: 40px\">(ii) Instruction in physical education.<\/p>\r\n<p style=\"padding-left: 40px\">(2) Special education includes each of the following if the services otherwise meet the requirements of paragraph (a)(1) of this section\u2014<\/p>\r\n<p style=\"padding-left: 40px\">(i) Speech-language pathology services, or any other related service, if the service is considered special education rather than a related service under State standards;<\/p>\r\n<p style=\"padding-left: 40px\">(ii) Travel training; and<\/p>\r\n<p style=\"padding-left: 40px\">(iii) Vocational education.<\/p>\r\n<p style=\"padding-left: 40px\">(b)<strong>\u00a0<em>Individual special education terms defined<\/em>.<\/strong>\u00a0The terms in this definition are defined as follows:<\/p>\r\n<p style=\"padding-left: 40px\">(1)\u00a0<em><strong>At no cost<\/strong><\/em>\u00a0means that all specially-designed instruction is provided without charge, but does not preclude incidental fees that are normally charged to nondisabled students or their parents as a part of the regular education program.<\/p>\r\n<p style=\"padding-left: 40px\">(2)\u00a0<strong><em>Physical education<\/em><\/strong>\u00a0means\u2014<\/p>\r\n<p style=\"padding-left: 40px\">(i) The development of\u2014<\/p>\r\n<p style=\"padding-left: 40px\">(A) Physical and motor fitness;<\/p>\r\n<p style=\"padding-left: 40px\">(B) Fundamental motor skills and patterns; and<\/p>\r\n<p style=\"padding-left: 40px\">(C) Skills in aquatics, dance, and individual and group games and sports (including intramural and lifetime sports); and<\/p>\r\n<p style=\"padding-left: 40px\">(ii) Includes special physical education, adapted physical education, movement education, and motor development.<\/p>\r\n<p style=\"padding-left: 40px\">(3)\u00a0<em><strong>Specially designed instruction<\/strong><\/em>\u00a0means adapting, as appropriate to the needs of an eligible child under this part, the content, methodology, or delivery of instruction\u2014<\/p>\r\n<p style=\"padding-left: 40px\">(i) To address the unique needs of the child that result from the child\u2019s disability; and<\/p>\r\n<p style=\"padding-left: 40px\">(ii) To ensure access of the child to the general curriculum, so that the child can meet the educational standards within the jurisdiction of the public agency that apply to all children.<\/p>\r\n<p style=\"padding-left: 40px\">(4)\u00a0<em><strong>Travel training<\/strong><\/em>\u00a0means providing instruction, as appropriate, to children with significant cognitive disabilities, and any other children with disabilities who require this instruction, to enable them to\u2014<\/p>\r\n<p style=\"padding-left: 40px\">(i) Develop an awareness of the environment in which they live; and<\/p>\r\n<p style=\"padding-left: 40px\">(ii) Learn the skills necessary to move effectively and safely from place to place within that environment (e.g., in school, in the home, at work, and in the community).<\/p>\r\n<p style=\"padding-left: 40px\">(5)\u00a0<em><strong>Vocational education<\/strong><\/em>\u00a0means organized educational programs that are directly related to the preparation of individuals for paid or unpaid employment, or for additional preparation for a career not requiring a baccalaureate or advanced degree.<\/p>\r\n\r\n\r\n<hr \/>\r\n\r\n<strong>Key points about \u201cspecial education\u201d<\/strong>\u00a0| When you read the\u00a0<em>Dear Colleague Letter on FAPE<\/em>, you\u2019ll notice that there are several points made about the nature of \u201cspecial education.\u201d These include that:\r\n<p style=\"padding-left: 40px;text-align: left\">Special education is instruction that is\u00a0<strong>specially designed<\/strong>\u00a0to meet the unique needs of a child with a disability. The hallmark of special education is that it is individualized for student needs.<\/p>\r\n<p style=\"padding-left: 40px;text-align: left\">Special education is provided\u00a0<strong>at no cost<\/strong>\u00a0to parents or students.<\/p>\r\n<p style=\"padding-left: 40px;text-align: left\">Special education can be provided in different locations, depending on student needs. IDEA strongly prefers that students receive their special education services<strong>\u00a0in the general education classroom<\/strong>\u00a0with their nondisabled peers, as you can see by its\u00a0<strong><a href=\"https:\/\/www.parentcenterhub.org\/fapebrief-ref-list-lre\/\">LRE provisions<\/a><\/strong>.<\/p>\r\n<p style=\"padding-left: 40px;text-align: left\">Special education is\u00a0not a place, however. It\u2019s a\u00a0set of services, which includes\u00a0adapting instruction\u00a0(what\u2019s presented, how it\u2019s presented) to address the unique needs of the child that result from the disability.<\/p>\r\n<p style=\"padding-left: 40px;text-align: left\">Special education isn\u2019t separated from the academic content that students are supposed to learn for their grade. It\u2019s meant to\u00a0<strong><em>support<\/em>\u00a0the learning of that academic conten<\/strong>t. That\u2019s why IDEA emphasizes that special education needs to ensure that students with disabilities have\u00a0<strong>access to the general curriculum<\/strong>\u00a0that all students are expected to learn. And that\u2019s why the\u00a0<em>Dear Colleague Letter on FAPE<\/em>\u00a0stresses the importance of aligning a student\u2019s goals in the IEP to the academic content for that student\u2019s enrolled grade.<\/p>\r\n\r\n\r\n<hr \/>\r\n\r\nExcerpts from the Center for Parent Information and Resources (6.27.2020).\u00a0 Special Education, Newark, NJ, Author (2017)\r\n<h4>IDEA\u2019s Exact Words<\/h4>\r\n<div id=\"attachment_2195\" class=\"wp-caption alignright\">\r\n<p id=\"caption-attachment-2195\" class=\"wp-caption-text\">.<\/p>\r\n\r\n<\/div>\r\n<p style=\"padding-left: 40px\">It\u2019s helpful to see IDEA\u2019s full requirement for specifying a child\u2019s special education in his or her IEP. This appears at \u00a7300.320(a)<\/p>\r\n<p style=\"padding-left: 40px\">(4) and stipulates that each child\u2019s IEP must contain:<\/p>\r\n<p style=\"padding-left: 40px;text-align: left\">(4) A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided to enable the child\u2014<\/p>\r\n<p style=\"padding-left: 40px;text-align: left\">(i) To advance appropriately toward attaining the annual goals;<\/p>\r\n<p style=\"padding-left: 40px;text-align: left\">(ii) To be involved in and make progress in the general education curriculum in accordance with paragraph (a)(1) of this section, and to participate in extracurricular and other nonacademic activities; and<\/p>\r\n<p style=\"padding-left: 40px;text-align: left\">(iii) To be educated and participate with other children with disabilities and nondisabled children in the activities described in this section\u2026 [\u00a7300.320(a)(4)] In its entirety, this provision is the heart and soul, meat and potatoes, bricks and mortar (choose your analogy!) of the IEP. When taken off paper and operationalized in school, it becomes the education that a child with a disability receives. The part we\u2019ve put in bold is the focus of this article, but you\u2019ll want to read the next two articles as well, so you can integrate the information here about special education with what\u2019s presented separately about related services and supplementary aids and services.<\/p>\r\n\r\n\r\n<hr \/>\r\n\r\n<h4>Special Education, in Brief<\/h4>\r\n<p style=\"text-align: left\"><strong>Special education is instruction that is specially designed to meet the unique needs of a child with a disability.<\/strong>\u00a0This means education that is individually developed to address a\u00a0<strong><em>specific<\/em>\u00a0<\/strong>child\u2019s needs that result from his or her disability. Since each child is unique, it is difficult to give an overall example of special education. It is individualized for each child.<\/p>\r\n<p style=\"text-align: left\">Some students may be working at the pre-kindergarten grade level, others at the first, second, or third grade level. There may be students whose special education focuses primarily on speech and language development, cognitive development, or needs related to a physical or learning disability. Special education for any student can consist of:<\/p>\r\n\r\n<ul>\r\n \t<li>an individualized curriculum that is\u00a0<strong><em>different<\/em>\u00a0<\/strong>from that of same-age, nondisabled peers (for example, teaching a blind student to read and write using Braille);<\/li>\r\n \t<li>the\u00a0<strong><em>same<\/em>\u00a0<\/strong>(general) curriculum as that for nondisabled peers, with adaptations or modifications made for the student (for example, teaching 3rd grade math but including the use of counting tools and assistive technology for the student); and<\/li>\r\n \t<li>a combination of these elements.<\/li>\r\n<\/ul>\r\n<p style=\"text-align: left\">It is also important to remember that the education, services, and supports outlined in a child\u2019s IEP do not necessarily cover that child\u2019s\u00a0<em>entire<\/em>\u00a0education.\u00a0<strong>The IEP only addresses those educational needs resulting from the child\u2019s disability.<\/strong>\u00a0If a child needs special education support throughout the school day, for all activities, the IEP will cover all these needs. If the child doesn\u2019t need special education support in one or more areas (for example, physical education, music, or science), then the IEP will not include these subjects. The child accesses them through the general curriculum\/ class, with no additional special education services.<\/p>\r\n\r\n\r\n<hr \/>\r\n\r\n<h4>Adaptations and Modifications<\/h4>\r\n<p style=\"text-align: left\">The individualization of instruction is an important part of special education. Instruction and schoolwork are tailored to the needs of the child. Sometimes a student may need to have changes made in class work or routines because of his or her disability. Modifications can be made to:<\/p>\r\n\r\n<ul>\r\n \t<li><strong><em>what<\/em>\u00a0<\/strong>a child is taught, and\/or<\/li>\r\n \t<li><em><strong>how<\/strong><\/em>\u00a0a child works at school.<\/li>\r\n<\/ul>\r\n<p style=\"text-align: left\">Sometimes, people get confused about what it means to have a <em>modification<\/em>\u00a0and what it means to have an\u00a0<em>accommodation<\/em>. Usually, a <strong><em>modification<\/em>\u00a0<\/strong>means a\u00a0<em>change in what is being taught to or expected from the student<\/em>. Making an assignment easier so the student is not doing the same level of work as other students is an example of a modification. An\u00a0<em><strong>accommodation\u00a0<\/strong>is a change that helps a student overcome or work around the disability<\/em>. Allowing a student with trouble writing to give his answers orally is an example of an accommodation. This student is still expected to know the same material and answer the same questions as fully as the other students, but he doesn\u2019t have to write his answers to show that he knows the information.<\/p>\r\nWhat is most important to know about<strong> modifications and accommodations<\/strong> is that both are meant to help a child to learn. For example:\r\n<p style=\"text-align: left\">Jack is an 8th-grade student who has learning disabilities in reading and writing. He is in a regular 8th-grade class that is team-taught by a general education teacher and a special education teacher. Modifications and accommodations provided for Jack\u2019s daily school routine (and when he takes state or district-wide tests) include the following:<\/p>\r\n\r\n<ol>\r\n \t<li style=\"list-style-type: none\">\r\n<ol>\r\n \t<li>Jack will have shorter reading and writing assignments.<\/li>\r\n \t<li>Jack\u2019s textbooks will be based on the 8th-grade curriculum but at his independent reading level (4th grade).<\/li>\r\n \t<li>Jack will have test questions read\/explained to him when he asks.<\/li>\r\n<\/ol>\r\n<\/li>\r\n<\/ol>\r\nModifications or accommodations are most often made in the following areas:\r\n\r\n<strong><em>Scheduling<\/em><\/strong>. For example:\r\n<ul>\r\n \t<li>giving the student extra time to complete assignments or tests<\/li>\r\n \t<li>breaking up testing over several days<\/li>\r\n<\/ul>\r\n<strong><em>Setting<\/em><\/strong>. For example:\r\n<ul>\r\n \t<li>working in a small group<\/li>\r\n \t<li>working one-on-one with the teacher<\/li>\r\n<\/ul>\r\n<strong><em>Materials<\/em><\/strong>. For example:\r\n<ul>\r\n \t<li>providing audiotaped lectures or books<\/li>\r\n \t<li>giving copies of the teacher\u2019s lecture notes<\/li>\r\n \t<li>using large print books, Braille, or books on CD (digital text)<\/li>\r\n<\/ul>\r\n<strong><em>Instruction<\/em><\/strong>. For example:\r\n<ul>\r\n \t<li>reducing the difficulty of assignments<\/li>\r\n \t<li>reducing the reading level<\/li>\r\n \t<li>using a student\/peer tutor<\/li>\r\n<\/ul>\r\n<em><strong>Student<\/strong>\u00a0Response<\/em>. For example:\r\n<ul>\r\n \t<li>allowing answers to be given orally or dictated<\/li>\r\n \t<li>using a word processor for written work<\/li>\r\n \t<li>using sign language, a communication device, Braille, or a native language if it is not English.<\/li>\r\n<\/ul>\r\n\r\n<hr \/>\r\n\r\n<h4>Where is special education provided?<\/h4>\r\n<p style=\"text-align: left\"><strong>Special education instruction can be provided in a number of settings<\/strong>, such as in the classroom, in the home, in hospitals and institutions, and in other settings (\u00a7300.26). Schools must ensure that a<strong>\u00a0continuum of alternative placements<\/strong>\u00a0is available to meet the needs of children with disabilities. This continuum must include the placements just mentioned (instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions). Unless a child\u2019s IEP requires some other arrangement, the child must be educated in the school he or she would attend if he or she did not have a disability [\u00a7300.116(c)].<\/p>\r\n<p style=\"text-align: left\">Special education instruction must be provided to students with disabilities in what is known as the\u00a0<strong><em><a href=\"https:\/\/www.parentcenterhub.org\/repository\/keyterms-specialed#lre\" target=\"_blank\" rel=\"noopener noreferrer\">least restrictive environment<\/a><\/em><\/strong>, <strong>or LRE.<\/strong> IDEA includes provisions that ensure that children with disabilities are educated with nondisabled children to the maximum extent appropriate. Each state must also ensure that special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily [\u00a7300.114(a)(2)(ii)].<\/p>\r\n\r\n\r\n<hr \/>\r\n\r\n<h4>The Long Story on Special Education<\/h4>\r\n<p style=\"text-align: left\">Of course, there\u2019s much more to special education than the short summary above. For those of you who want the nitty-gritty, detailed, full picture of special education, here it comes. Keep reading.<\/p>\r\n\r\n<h4>Defining special education<\/h4>\r\n<p style=\"text-align: left\"><em>Special education.<\/em>\u00a0Sometimes, when the term is used, it means \u201cspecial education\u201d as defined by IDEA at \u00a7300.39, and other times it\u2019s a reference to the field at large\u2014teachers, offices, knowledge base, professional practice, the system.<\/p>\r\n<p style=\"text-align: left\">However, when IDEA uses the term, its meaning is\u00a0<em>never<\/em>\u00a0mixed or ambiguous. Every single time \u201cspecial education\u201d is used in the law and the final Part B regulations, its meaning is the same\u2014the definition below.<\/p>\r\n<strong>\u00a7300.39\u00a0 Special education.<\/strong>\r\n<p style=\"padding-left: 40px\">(a)\u00a0<em>General<\/em>. (1)\u00a0<em>Special education<\/em>\u00a0means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including\u2014<\/p>\r\n<p style=\"padding-left: 40px\">(i) Instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and<\/p>\r\n<p style=\"padding-left: 40px\">(ii) Instruction in physical education.<\/p>\r\n<p style=\"padding-left: 40px\">(2)\u00a0<em>Special education<\/em> includes each of the following if the services otherwise meet the requirements of paragraph (a)(1) of this section\u2014<\/p>\r\n<p style=\"padding-left: 40px\">(i) Speech-language pathology services, or any other related service, if the service is considered special education rather than a related service under State standards;<\/p>\r\n<p style=\"padding-left: 40px\">(ii) Travel training; and<\/p>\r\n<p style=\"padding-left: 40px\">(iii) Vocational education.<\/p>\r\nAnd that\u2019s just the \u201cgeneral\u201d part of the definition! The next part is called \u201c<strong>individual special education terms defined<\/strong>,\u201d where the definition goes on to define:\r\n<ul>\r\n \t<li>at no cost;<\/li>\r\n \t<li>physical education;<\/li>\r\n \t<li>specially designed instruction;<\/li>\r\n \t<li>travel training, and<\/li>\r\n \t<li>vocational education.<\/li>\r\n<\/ul>\r\n<p style=\"text-align: left\">Happily, the 20 opening words of special education\u2019s definition\u2014specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability\u2014contain the\u00a0<em>core<\/em>\u00a0of the term\u2019s meaning. You\u2019ll see we\u2019ve used those 20 words in the short story of special education. The 362 other words in the definition (which includes the definitions of the individual terms), while still very critical, add detail to that core and further clarify it.<\/p>\r\nWhen an abbreviated definition of the term\u00a0<em>special education<\/em>\u00a0is called for, you\u2019re most likely to hear its core: \u201c<strong>Special education is specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability.<\/strong>\u201d\r\n\r\nIn the definition\u2019s full form, examples roll out and remove gray areas about some of the scope and substance of special education. Special education can be, for example:\r\n<ul>\r\n \t<li>travel training (which has its own definition);<\/li>\r\n \t<li>vocational education (also defined on its own); and<\/li>\r\n \t<li>services that may be listed in IDEA as a related service but that a state may consider as special education\u2014which makes them \u201cspecial education\u201d in that state.<\/li>\r\n<\/ul>\r\n<p style=\"text-align: left\">As you can see from IDEA\u2019s definition of special education, it can also occur in various settings: in the classroom, in a home, in a hospital or institution, and in other settings. This is why you might also hear that \u201cspecial education is not a place.\u201d It\u2019s not. <em>Where<\/em>\u00a0it is provided for a specific child with a disability will depend on that child\u2019s unique needs as determined by the group of individuals (which includes the parents) that makes the placement decision.<\/p>\r\n\r\n\r\n<hr \/>\r\n\r\n<h4>So what does \u201cspecially designed instruction\u201d mean?<\/h4>\r\n<p style=\"text-align: left\">Given the importance of \u201cspecially designed instruction\u201d in the core of special education\u2019s definition, it\u2019s useful to take a closer look at how\u00a0<em>that<\/em>\u00a0term is defined:<\/p>\r\n<p style=\"padding-left: 40px\">(3)\u00a0<em><strong>Specially designed instruction<\/strong><\/em>\u00a0means adapting, as appropriate to the needs of an eligible child under this part, the content, methodology, or delivery of instruction\u2014<\/p>\r\n<p style=\"padding-left: 40px\">(i) To address the unique needs of the child that result from the child\u2019s disability; and<\/p>\r\n<p style=\"padding-left: 40px\">(ii) To ensure access of the child to the general curriculum, so that the child can meet the educational standards within the jurisdiction of the public agency that apply to all children. [\u00a7300.39(b)(3)]<\/p>\r\nThus, as part of designing the instruction to fit the needs of a specific child, adaptations may be made in the content, methodology, or delivery of instruction. This is a strong point of pride within the special education field and a considerable accomplishment that\u2019s come from 30 years of practice: the individualization of instruction.\r\n<p style=\"text-align: left\">As the provisions above show, adaptations can take many forms in response to the child\u2019s needs; the field is replete with guidance on this critical part of special education.<\/p>\r\n\r\n\r\n<hr \/>\r\n\r\n<h4>What\u2019s peer-reviewed research?<\/h4>\r\n<p style=\"text-align: left\">It's time for another definition\u2013not more from \u201cspecial education\u201d but, rather, from where this article began\u2013the statement of special education required in the IEP. If you look back up, you\u2019ll see that the special education a child receives must be \u201cbased on peer-reviewed research to the extent practicable\u201d [\u00a7300.320(a)(4)].\u00a0 What might that mean?<\/p>\r\n<p style=\"text-align: left\">With the passage of the 2004 Amendments to IDEA, some new terms and concepts became part of the IEP process. One such is peer-reviewed research. The term is not formally defined in the IDEA, but the Department of Education\u2019s discussion in the Analysis of Comments and Changes may be helpful in understanding the term\u2019s general meaning and why no formal definition was included in the regulations:<\/p>\r\n<p style=\"padding-left: 40px\">\u201c<strong>Peer-reviewed research<\/strong>\u201d generally refers to research that is reviewed by qualified and independent reviewers to ensure that the quality of the information meets the standards of the field before the research is published. However, there is no single definition of \u201cpeer-reviewed research\u201d\u2019 because the review process varies depending on the type of information to be reviewed. (71 Fed. Reg. at 46664)<\/p>\r\n<p style=\"text-align: left\">The term is used in conjunction with the phrase \u201cto the extent practicable.\u201d To better understand what this means and how IEP teams are to apply peer-reviewed research in their selection of services to be provided to a child with a disability, you may find the Department of Education\u2019s comments helpful.<\/p>\r\n<p style=\"padding-left: 40px\">States, school districts, and school personnel must\u2026select and use methods that research has shown to be effective to the extent that methods based on peer-reviewed research are available. This does not mean that the service with the greatest body of research is the service necessarily required for a child to receive FAPE. Likewise, there is nothing in the Act to suggest that the failure of a public agency to provide services based on peer-reviewed research would automatically result in a denial of FAPE. The final decision about the special education and related services, and supplementary aids and services that are to be provided to a child must be made by the child\u2019s IEP Team based on the child\u2019s individual needs. (71 Fed. Reg. at 46665)<\/p>\r\n\r\n\r\n<hr \/>\r\n\r\n<h4>The role of states in determining what special education is<\/h4>\r\n<p style=\"text-align: left\">This discussion of special education as a term brings to mind how it is also a\u00a0<em>process<\/em>, a\u00a0<em>system<\/em>. IDEA may define the term and establish rigorous standards for its implementation, but how special education unfolds in schools is very much a state and local matter. Education is traditionally a state responsibility, with each state vested with the authority to determine its own policies within the parameters of federal requirements. This is one reason why\u00a0<strong>it\u2019s so critical to know your state\u2019s specific special education policies<\/strong>\u00a0and requirements.<\/p>\r\n<p style=\"text-align: left\">So\u2014\u2013where to look for that information?<\/p>\r\n<p style=\"text-align: left\">The best place is to connect with the agency responsible in your state for overseeing special education in the state. That is most likely <strong>your state\u2019s Department of Education<\/strong>\u2014or Department of Special Education. Names will vary from state to state, of course.<\/p>\r\n\r\n\r\n<hr \/>\r\n\r\nReference\r\n\r\nCenter for Parent Information and Resources (6.27.2020). Key Definitions in IDEA| Defining and Understanding Special Education, Newark, NJ, Author (2017)\r\n\r\n<hr \/>\r\n\r\nupdated 8\/12\/2024\r\n\r\n&nbsp;\r\n\r\n&nbsp;\r\n\r\n&nbsp;","rendered":"<div class=\"textbox shaded\" style=\"text-align: left\">\n<h2>Defining and Understanding Special Education<\/h2>\n<p><span>This chapter presents a succinct yet comprehensive overview of Special Education, integrating specific citations from the Individuals with Disabilities Education Act (IDEA) to underscore the significance of each component of the entitlements under \u201cSpecial Education\u201d for school-aged children with disabilities. As you progress through your course of study en route to obtaining your special education teacher certification, you will delve deeply into these subtopics, gaining a thorough understanding of the intricate framework that supports the educational journey of students with disabilities.<\/span><\/p>\n<p><span>Throughout your academic and professional pursuits, you will explore the nuances of these regulations and how they translate into practical applications within the classroom. By understanding the legal foundations, such as the IDEA statute and regulations, you will be better equipped to advocate for and implement the rights and services essential for the growth and development of students with disabilities.<\/span><\/p>\n<p><strong>Table of Contents<\/strong><\/p>\n<ul>\n<li>Where \u201cspecial education\u201d is defined in IDEA<\/li>\n<li>Key points about \u201cspecial education\u201d<\/li>\n<li>IDEA\u2019s Exact Words<\/li>\n<li>Adaptations and Modifications<\/li>\n<li>Where is special education provided?<\/li>\n<li>The Long Story on Special Education<\/li>\n<li>What does \u201cspecially designed Instruction\u201d mean?<\/li>\n<li>What\u2019s peer-reviewed research?<\/li>\n<li>The role of states<\/li>\n<\/ul>\n<\/div>\n<div class=\"textbox textbox--key-takeaways\">\n<header class=\"textbox__header\">\n<p class=\"textbox__title\">Key Takeaway<\/p>\n<\/header>\n<div class=\"textbox__content\">\n<p style=\"text-align: left\">Special education is not a place. It\u2019s a set of services that includes adapting instruction (what\u2019s presented, how it\u2019s presented) to address the unique needs of the child that result from the disability.<\/p>\n<\/div>\n<\/div>\n<p style=\"text-align: left\">Excerpts from the Center for Parent Information and Resources (6.27.2020). Key Definitions in IDEA| Defining and Understanding Special Education, Newark, NJ, Author (2017)<\/p>\n<h3><strong>Special Education<\/strong><\/h3>\n<p><strong>Importance of This Key Term<\/strong>\u00a0| As the OSEP\u00a0<strong><em><a href=\"https:\/\/www2.ed.gov\/policy\/speced\/guid\/idea\/memosdcltrs\/guidance-on-fape-11-17-2015.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">Dear Colleague Letter on FAPE<\/a><\/em><\/strong>\u00a0indicates, special education is at the core of how schools address the needs of students with disabilities and support them in achieving the annual goals stated in their IEPs as aligned with the state\u2019s academic content standards. Accordingly, how this term is defined in law and implemented in the real world is extremely important to students, families, schools, and Parent Centers.<\/p>\n<p><strong>Where \u201cspecial education\u201d is defined in IDEA<\/strong>\u00a0| IDEA defines \u201cspecial education\u201d at 34 CFR \u00a7300.39, as follows:<\/p>\n<p><strong>\u00a7300.39 Special education.<\/strong><\/p>\n<p style=\"padding-left: 40px\">(a)\u00a0<strong><em>General<\/em><\/strong>. (1) Special education means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including\u2014<\/p>\n<p style=\"padding-left: 40px\">(i) Instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and<\/p>\n<p style=\"padding-left: 40px\">(ii) Instruction in physical education.<\/p>\n<p style=\"padding-left: 40px\">(2) Special education includes each of the following if the services otherwise meet the requirements of paragraph (a)(1) of this section\u2014<\/p>\n<p style=\"padding-left: 40px\">(i) Speech-language pathology services, or any other related service, if the service is considered special education rather than a related service under State standards;<\/p>\n<p style=\"padding-left: 40px\">(ii) Travel training; and<\/p>\n<p style=\"padding-left: 40px\">(iii) Vocational education.<\/p>\n<p style=\"padding-left: 40px\">(b)<strong>\u00a0<em>Individual special education terms defined<\/em>.<\/strong>\u00a0The terms in this definition are defined as follows:<\/p>\n<p style=\"padding-left: 40px\">(1)\u00a0<em><strong>At no cost<\/strong><\/em>\u00a0means that all specially-designed instruction is provided without charge, but does not preclude incidental fees that are normally charged to nondisabled students or their parents as a part of the regular education program.<\/p>\n<p style=\"padding-left: 40px\">(2)\u00a0<strong><em>Physical education<\/em><\/strong>\u00a0means\u2014<\/p>\n<p style=\"padding-left: 40px\">(i) The development of\u2014<\/p>\n<p style=\"padding-left: 40px\">(A) Physical and motor fitness;<\/p>\n<p style=\"padding-left: 40px\">(B) Fundamental motor skills and patterns; and<\/p>\n<p style=\"padding-left: 40px\">(C) Skills in aquatics, dance, and individual and group games and sports (including intramural and lifetime sports); and<\/p>\n<p style=\"padding-left: 40px\">(ii) Includes special physical education, adapted physical education, movement education, and motor development.<\/p>\n<p style=\"padding-left: 40px\">(3)\u00a0<em><strong>Specially designed instruction<\/strong><\/em>\u00a0means adapting, as appropriate to the needs of an eligible child under this part, the content, methodology, or delivery of instruction\u2014<\/p>\n<p style=\"padding-left: 40px\">(i) To address the unique needs of the child that result from the child\u2019s disability; and<\/p>\n<p style=\"padding-left: 40px\">(ii) To ensure access of the child to the general curriculum, so that the child can meet the educational standards within the jurisdiction of the public agency that apply to all children.<\/p>\n<p style=\"padding-left: 40px\">(4)\u00a0<em><strong>Travel training<\/strong><\/em>\u00a0means providing instruction, as appropriate, to children with significant cognitive disabilities, and any other children with disabilities who require this instruction, to enable them to\u2014<\/p>\n<p style=\"padding-left: 40px\">(i) Develop an awareness of the environment in which they live; and<\/p>\n<p style=\"padding-left: 40px\">(ii) Learn the skills necessary to move effectively and safely from place to place within that environment (e.g., in school, in the home, at work, and in the community).<\/p>\n<p style=\"padding-left: 40px\">(5)\u00a0<em><strong>Vocational education<\/strong><\/em>\u00a0means organized educational programs that are directly related to the preparation of individuals for paid or unpaid employment, or for additional preparation for a career not requiring a baccalaureate or advanced degree.<\/p>\n<hr \/>\n<p><strong>Key points about \u201cspecial education\u201d<\/strong>\u00a0| When you read the\u00a0<em>Dear Colleague Letter on FAPE<\/em>, you\u2019ll notice that there are several points made about the nature of \u201cspecial education.\u201d These include that:<\/p>\n<p style=\"padding-left: 40px;text-align: left\">Special education is instruction that is\u00a0<strong>specially designed<\/strong>\u00a0to meet the unique needs of a child with a disability. The hallmark of special education is that it is individualized for student needs.<\/p>\n<p style=\"padding-left: 40px;text-align: left\">Special education is provided\u00a0<strong>at no cost<\/strong>\u00a0to parents or students.<\/p>\n<p style=\"padding-left: 40px;text-align: left\">Special education can be provided in different locations, depending on student needs. IDEA strongly prefers that students receive their special education services<strong>\u00a0in the general education classroom<\/strong>\u00a0with their nondisabled peers, as you can see by its\u00a0<strong><a href=\"https:\/\/www.parentcenterhub.org\/fapebrief-ref-list-lre\/\">LRE provisions<\/a><\/strong>.<\/p>\n<p style=\"padding-left: 40px;text-align: left\">Special education is\u00a0not a place, however. It\u2019s a\u00a0set of services, which includes\u00a0adapting instruction\u00a0(what\u2019s presented, how it\u2019s presented) to address the unique needs of the child that result from the disability.<\/p>\n<p style=\"padding-left: 40px;text-align: left\">Special education isn\u2019t separated from the academic content that students are supposed to learn for their grade. It\u2019s meant to\u00a0<strong><em>support<\/em>\u00a0the learning of that academic conten<\/strong>t. That\u2019s why IDEA emphasizes that special education needs to ensure that students with disabilities have\u00a0<strong>access to the general curriculum<\/strong>\u00a0that all students are expected to learn. And that\u2019s why the\u00a0<em>Dear Colleague Letter on FAPE<\/em>\u00a0stresses the importance of aligning a student\u2019s goals in the IEP to the academic content for that student\u2019s enrolled grade.<\/p>\n<hr \/>\n<p>Excerpts from the Center for Parent Information and Resources (6.27.2020).\u00a0 Special Education, Newark, NJ, Author (2017)<\/p>\n<h4>IDEA\u2019s Exact Words<\/h4>\n<div id=\"attachment_2195\" class=\"wp-caption alignright\">\n<p id=\"caption-attachment-2195\" class=\"wp-caption-text\">.<\/p>\n<\/div>\n<p style=\"padding-left: 40px\">It\u2019s helpful to see IDEA\u2019s full requirement for specifying a child\u2019s special education in his or her IEP. This appears at \u00a7300.320(a)<\/p>\n<p style=\"padding-left: 40px\">(4) and stipulates that each child\u2019s IEP must contain:<\/p>\n<p style=\"padding-left: 40px;text-align: left\">(4) A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided to enable the child\u2014<\/p>\n<p style=\"padding-left: 40px;text-align: left\">(i) To advance appropriately toward attaining the annual goals;<\/p>\n<p style=\"padding-left: 40px;text-align: left\">(ii) To be involved in and make progress in the general education curriculum in accordance with paragraph (a)(1) of this section, and to participate in extracurricular and other nonacademic activities; and<\/p>\n<p style=\"padding-left: 40px;text-align: left\">(iii) To be educated and participate with other children with disabilities and nondisabled children in the activities described in this section\u2026 [\u00a7300.320(a)(4)] In its entirety, this provision is the heart and soul, meat and potatoes, bricks and mortar (choose your analogy!) of the IEP. When taken off paper and operationalized in school, it becomes the education that a child with a disability receives. The part we\u2019ve put in bold is the focus of this article, but you\u2019ll want to read the next two articles as well, so you can integrate the information here about special education with what\u2019s presented separately about related services and supplementary aids and services.<\/p>\n<hr \/>\n<h4>Special Education, in Brief<\/h4>\n<p style=\"text-align: left\"><strong>Special education is instruction that is specially designed to meet the unique needs of a child with a disability.<\/strong>\u00a0This means education that is individually developed to address a\u00a0<strong><em>specific<\/em>\u00a0<\/strong>child\u2019s needs that result from his or her disability. Since each child is unique, it is difficult to give an overall example of special education. It is individualized for each child.<\/p>\n<p style=\"text-align: left\">Some students may be working at the pre-kindergarten grade level, others at the first, second, or third grade level. There may be students whose special education focuses primarily on speech and language development, cognitive development, or needs related to a physical or learning disability. Special education for any student can consist of:<\/p>\n<ul>\n<li>an individualized curriculum that is\u00a0<strong><em>different<\/em>\u00a0<\/strong>from that of same-age, nondisabled peers (for example, teaching a blind student to read and write using Braille);<\/li>\n<li>the\u00a0<strong><em>same<\/em>\u00a0<\/strong>(general) curriculum as that for nondisabled peers, with adaptations or modifications made for the student (for example, teaching 3rd grade math but including the use of counting tools and assistive technology for the student); and<\/li>\n<li>a combination of these elements.<\/li>\n<\/ul>\n<p style=\"text-align: left\">It is also important to remember that the education, services, and supports outlined in a child\u2019s IEP do not necessarily cover that child\u2019s\u00a0<em>entire<\/em>\u00a0education.\u00a0<strong>The IEP only addresses those educational needs resulting from the child\u2019s disability.<\/strong>\u00a0If a child needs special education support throughout the school day, for all activities, the IEP will cover all these needs. If the child doesn\u2019t need special education support in one or more areas (for example, physical education, music, or science), then the IEP will not include these subjects. The child accesses them through the general curriculum\/ class, with no additional special education services.<\/p>\n<hr \/>\n<h4>Adaptations and Modifications<\/h4>\n<p style=\"text-align: left\">The individualization of instruction is an important part of special education. Instruction and schoolwork are tailored to the needs of the child. Sometimes a student may need to have changes made in class work or routines because of his or her disability. Modifications can be made to:<\/p>\n<ul>\n<li><strong><em>what<\/em>\u00a0<\/strong>a child is taught, and\/or<\/li>\n<li><em><strong>how<\/strong><\/em>\u00a0a child works at school.<\/li>\n<\/ul>\n<p style=\"text-align: left\">Sometimes, people get confused about what it means to have a <em>modification<\/em>\u00a0and what it means to have an\u00a0<em>accommodation<\/em>. Usually, a <strong><em>modification<\/em>\u00a0<\/strong>means a\u00a0<em>change in what is being taught to or expected from the student<\/em>. Making an assignment easier so the student is not doing the same level of work as other students is an example of a modification. An\u00a0<em><strong>accommodation\u00a0<\/strong>is a change that helps a student overcome or work around the disability<\/em>. Allowing a student with trouble writing to give his answers orally is an example of an accommodation. This student is still expected to know the same material and answer the same questions as fully as the other students, but he doesn\u2019t have to write his answers to show that he knows the information.<\/p>\n<p>What is most important to know about<strong> modifications and accommodations<\/strong> is that both are meant to help a child to learn. For example:<\/p>\n<p style=\"text-align: left\">Jack is an 8th-grade student who has learning disabilities in reading and writing. He is in a regular 8th-grade class that is team-taught by a general education teacher and a special education teacher. Modifications and accommodations provided for Jack\u2019s daily school routine (and when he takes state or district-wide tests) include the following:<\/p>\n<ol>\n<li style=\"list-style-type: none\">\n<ol>\n<li>Jack will have shorter reading and writing assignments.<\/li>\n<li>Jack\u2019s textbooks will be based on the 8th-grade curriculum but at his independent reading level (4th grade).<\/li>\n<li>Jack will have test questions read\/explained to him when he asks.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<p>Modifications or accommodations are most often made in the following areas:<\/p>\n<p><strong><em>Scheduling<\/em><\/strong>. For example:<\/p>\n<ul>\n<li>giving the student extra time to complete assignments or tests<\/li>\n<li>breaking up testing over several days<\/li>\n<\/ul>\n<p><strong><em>Setting<\/em><\/strong>. For example:<\/p>\n<ul>\n<li>working in a small group<\/li>\n<li>working one-on-one with the teacher<\/li>\n<\/ul>\n<p><strong><em>Materials<\/em><\/strong>. For example:<\/p>\n<ul>\n<li>providing audiotaped lectures or books<\/li>\n<li>giving copies of the teacher\u2019s lecture notes<\/li>\n<li>using large print books, Braille, or books on CD (digital text)<\/li>\n<\/ul>\n<p><strong><em>Instruction<\/em><\/strong>. For example:<\/p>\n<ul>\n<li>reducing the difficulty of assignments<\/li>\n<li>reducing the reading level<\/li>\n<li>using a student\/peer tutor<\/li>\n<\/ul>\n<p><em><strong>Student<\/strong>\u00a0Response<\/em>. For example:<\/p>\n<ul>\n<li>allowing answers to be given orally or dictated<\/li>\n<li>using a word processor for written work<\/li>\n<li>using sign language, a communication device, Braille, or a native language if it is not English.<\/li>\n<\/ul>\n<hr \/>\n<h4>Where is special education provided?<\/h4>\n<p style=\"text-align: left\"><strong>Special education instruction can be provided in a number of settings<\/strong>, such as in the classroom, in the home, in hospitals and institutions, and in other settings (\u00a7300.26). Schools must ensure that a<strong>\u00a0continuum of alternative placements<\/strong>\u00a0is available to meet the needs of children with disabilities. This continuum must include the placements just mentioned (instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions). Unless a child\u2019s IEP requires some other arrangement, the child must be educated in the school he or she would attend if he or she did not have a disability [\u00a7300.116(c)].<\/p>\n<p style=\"text-align: left\">Special education instruction must be provided to students with disabilities in what is known as the\u00a0<strong><em><a href=\"https:\/\/www.parentcenterhub.org\/repository\/keyterms-specialed#lre\" target=\"_blank\" rel=\"noopener noreferrer\">least restrictive environment<\/a><\/em><\/strong>, <strong>or LRE.<\/strong> IDEA includes provisions that ensure that children with disabilities are educated with nondisabled children to the maximum extent appropriate. Each state must also ensure that special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily [\u00a7300.114(a)(2)(ii)].<\/p>\n<hr \/>\n<h4>The Long Story on Special Education<\/h4>\n<p style=\"text-align: left\">Of course, there\u2019s much more to special education than the short summary above. For those of you who want the nitty-gritty, detailed, full picture of special education, here it comes. Keep reading.<\/p>\n<h4>Defining special education<\/h4>\n<p style=\"text-align: left\"><em>Special education.<\/em>\u00a0Sometimes, when the term is used, it means \u201cspecial education\u201d as defined by IDEA at \u00a7300.39, and other times it\u2019s a reference to the field at large\u2014teachers, offices, knowledge base, professional practice, the system.<\/p>\n<p style=\"text-align: left\">However, when IDEA uses the term, its meaning is\u00a0<em>never<\/em>\u00a0mixed or ambiguous. Every single time \u201cspecial education\u201d is used in the law and the final Part B regulations, its meaning is the same\u2014the definition below.<\/p>\n<p><strong>\u00a7300.39\u00a0 Special education.<\/strong><\/p>\n<p style=\"padding-left: 40px\">(a)\u00a0<em>General<\/em>. (1)\u00a0<em>Special education<\/em>\u00a0means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including\u2014<\/p>\n<p style=\"padding-left: 40px\">(i) Instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and<\/p>\n<p style=\"padding-left: 40px\">(ii) Instruction in physical education.<\/p>\n<p style=\"padding-left: 40px\">(2)\u00a0<em>Special education<\/em> includes each of the following if the services otherwise meet the requirements of paragraph (a)(1) of this section\u2014<\/p>\n<p style=\"padding-left: 40px\">(i) Speech-language pathology services, or any other related service, if the service is considered special education rather than a related service under State standards;<\/p>\n<p style=\"padding-left: 40px\">(ii) Travel training; and<\/p>\n<p style=\"padding-left: 40px\">(iii) Vocational education.<\/p>\n<p>And that\u2019s just the \u201cgeneral\u201d part of the definition! The next part is called \u201c<strong>individual special education terms defined<\/strong>,\u201d where the definition goes on to define:<\/p>\n<ul>\n<li>at no cost;<\/li>\n<li>physical education;<\/li>\n<li>specially designed instruction;<\/li>\n<li>travel training, and<\/li>\n<li>vocational education.<\/li>\n<\/ul>\n<p style=\"text-align: left\">Happily, the 20 opening words of special education\u2019s definition\u2014specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability\u2014contain the\u00a0<em>core<\/em>\u00a0of the term\u2019s meaning. You\u2019ll see we\u2019ve used those 20 words in the short story of special education. The 362 other words in the definition (which includes the definitions of the individual terms), while still very critical, add detail to that core and further clarify it.<\/p>\n<p>When an abbreviated definition of the term\u00a0<em>special education<\/em>\u00a0is called for, you\u2019re most likely to hear its core: \u201c<strong>Special education is specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability.<\/strong>\u201d<\/p>\n<p>In the definition\u2019s full form, examples roll out and remove gray areas about some of the scope and substance of special education. Special education can be, for example:<\/p>\n<ul>\n<li>travel training (which has its own definition);<\/li>\n<li>vocational education (also defined on its own); and<\/li>\n<li>services that may be listed in IDEA as a related service but that a state may consider as special education\u2014which makes them \u201cspecial education\u201d in that state.<\/li>\n<\/ul>\n<p style=\"text-align: left\">As you can see from IDEA\u2019s definition of special education, it can also occur in various settings: in the classroom, in a home, in a hospital or institution, and in other settings. This is why you might also hear that \u201cspecial education is not a place.\u201d It\u2019s not. <em>Where<\/em>\u00a0it is provided for a specific child with a disability will depend on that child\u2019s unique needs as determined by the group of individuals (which includes the parents) that makes the placement decision.<\/p>\n<hr \/>\n<h4>So what does \u201cspecially designed instruction\u201d mean?<\/h4>\n<p style=\"text-align: left\">Given the importance of \u201cspecially designed instruction\u201d in the core of special education\u2019s definition, it\u2019s useful to take a closer look at how\u00a0<em>that<\/em>\u00a0term is defined:<\/p>\n<p style=\"padding-left: 40px\">(3)\u00a0<em><strong>Specially designed instruction<\/strong><\/em>\u00a0means adapting, as appropriate to the needs of an eligible child under this part, the content, methodology, or delivery of instruction\u2014<\/p>\n<p style=\"padding-left: 40px\">(i) To address the unique needs of the child that result from the child\u2019s disability; and<\/p>\n<p style=\"padding-left: 40px\">(ii) To ensure access of the child to the general curriculum, so that the child can meet the educational standards within the jurisdiction of the public agency that apply to all children. [\u00a7300.39(b)(3)]<\/p>\n<p>Thus, as part of designing the instruction to fit the needs of a specific child, adaptations may be made in the content, methodology, or delivery of instruction. This is a strong point of pride within the special education field and a considerable accomplishment that\u2019s come from 30 years of practice: the individualization of instruction.<\/p>\n<p style=\"text-align: left\">As the provisions above show, adaptations can take many forms in response to the child\u2019s needs; the field is replete with guidance on this critical part of special education.<\/p>\n<hr \/>\n<h4>What\u2019s peer-reviewed research?<\/h4>\n<p style=\"text-align: left\">It&#8217;s time for another definition\u2013not more from \u201cspecial education\u201d but, rather, from where this article began\u2013the statement of special education required in the IEP. If you look back up, you\u2019ll see that the special education a child receives must be \u201cbased on peer-reviewed research to the extent practicable\u201d [\u00a7300.320(a)(4)].\u00a0 What might that mean?<\/p>\n<p style=\"text-align: left\">With the passage of the 2004 Amendments to IDEA, some new terms and concepts became part of the IEP process. One such is peer-reviewed research. The term is not formally defined in the IDEA, but the Department of Education\u2019s discussion in the Analysis of Comments and Changes may be helpful in understanding the term\u2019s general meaning and why no formal definition was included in the regulations:<\/p>\n<p style=\"padding-left: 40px\">\u201c<strong>Peer-reviewed research<\/strong>\u201d generally refers to research that is reviewed by qualified and independent reviewers to ensure that the quality of the information meets the standards of the field before the research is published. However, there is no single definition of \u201cpeer-reviewed research\u201d\u2019 because the review process varies depending on the type of information to be reviewed. (71 Fed. Reg. at 46664)<\/p>\n<p style=\"text-align: left\">The term is used in conjunction with the phrase \u201cto the extent practicable.\u201d To better understand what this means and how IEP teams are to apply peer-reviewed research in their selection of services to be provided to a child with a disability, you may find the Department of Education\u2019s comments helpful.<\/p>\n<p style=\"padding-left: 40px\">States, school districts, and school personnel must\u2026select and use methods that research has shown to be effective to the extent that methods based on peer-reviewed research are available. This does not mean that the service with the greatest body of research is the service necessarily required for a child to receive FAPE. Likewise, there is nothing in the Act to suggest that the failure of a public agency to provide services based on peer-reviewed research would automatically result in a denial of FAPE. The final decision about the special education and related services, and supplementary aids and services that are to be provided to a child must be made by the child\u2019s IEP Team based on the child\u2019s individual needs. (71 Fed. Reg. at 46665)<\/p>\n<hr \/>\n<h4>The role of states in determining what special education is<\/h4>\n<p style=\"text-align: left\">This discussion of special education as a term brings to mind how it is also a\u00a0<em>process<\/em>, a\u00a0<em>system<\/em>. IDEA may define the term and establish rigorous standards for its implementation, but how special education unfolds in schools is very much a state and local matter. Education is traditionally a state responsibility, with each state vested with the authority to determine its own policies within the parameters of federal requirements. This is one reason why\u00a0<strong>it\u2019s so critical to know your state\u2019s specific special education policies<\/strong>\u00a0and requirements.<\/p>\n<p style=\"text-align: left\">So\u2014\u2013where to look for that information?<\/p>\n<p style=\"text-align: left\">The best place is to connect with the agency responsible in your state for overseeing special education in the state. That is most likely <strong>your state\u2019s Department of Education<\/strong>\u2014or Department of Special Education. Names will vary from state to state, of course.<\/p>\n<hr \/>\n<p>Reference<\/p>\n<p>Center for Parent Information and Resources (6.27.2020). Key Definitions in IDEA| Defining and Understanding Special Education, Newark, NJ, Author (2017)<\/p>\n<hr \/>\n<p>updated 8\/12\/2024<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n","protected":false},"author":11,"menu_order":1,"template":"","meta":{"pb_show_title":"","pb_short_title":"","pb_subtitle":"","pb_authors":[],"pb_section_license":""},"chapter-type":[49],"contributor":[],"license":[],"class_list":["post-19","chapter","type-chapter","status-publish","hentry","chapter-type-numberless"],"part":18,"_links":{"self":[{"href":"https:\/\/pressbooks.usnh.edu\/edc703-803\/wp-json\/pressbooks\/v2\/chapters\/19","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/pressbooks.usnh.edu\/edc703-803\/wp-json\/pressbooks\/v2\/chapters"}],"about":[{"href":"https:\/\/pressbooks.usnh.edu\/edc703-803\/wp-json\/wp\/v2\/types\/chapter"}],"author":[{"embeddable":true,"href":"https:\/\/pressbooks.usnh.edu\/edc703-803\/wp-json\/wp\/v2\/users\/11"}],"version-history":[{"count":5,"href":"https:\/\/pressbooks.usnh.edu\/edc703-803\/wp-json\/pressbooks\/v2\/chapters\/19\/revisions"}],"predecessor-version":[{"id":181,"href":"https:\/\/pressbooks.usnh.edu\/edc703-803\/wp-json\/pressbooks\/v2\/chapters\/19\/revisions\/181"}],"part":[{"href":"https:\/\/pressbooks.usnh.edu\/edc703-803\/wp-json\/pressbooks\/v2\/parts\/18"}],"metadata":[{"href":"https:\/\/pressbooks.usnh.edu\/edc703-803\/wp-json\/pressbooks\/v2\/chapters\/19\/metadata\/"}],"wp:attachment":[{"href":"https:\/\/pressbooks.usnh.edu\/edc703-803\/wp-json\/wp\/v2\/media?parent=19"}],"wp:term":[{"taxonomy":"chapter-type","embeddable":true,"href":"https:\/\/pressbooks.usnh.edu\/edc703-803\/wp-json\/pressbooks\/v2\/chapter-type?post=19"},{"taxonomy":"contributor","embeddable":true,"href":"https:\/\/pressbooks.usnh.edu\/edc703-803\/wp-json\/wp\/v2\/contributor?post=19"},{"taxonomy":"license","embeddable":true,"href":"https:\/\/pressbooks.usnh.edu\/edc703-803\/wp-json\/wp\/v2\/license?post=19"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}