access & opportunity EQUITY IN SPECIAL EDUCATION.

Effective instructional leadership practices will help ensure that every child -- regardless of disability -- has the right to access the same opportunities available to any other student.

The intent of the Individuals with Disabilities Education Act is to provide equity in education for children with disabilities. But there are clearly multiple perspectives of "equity" in the broad area of special education.

From the perspective of the students with disabilities and their families, special education services are the vehicle to achieve access to and benefit from the same range of curricula and extracurricular options available to any other student.

Unfortunately, because of its history as an underfunded and separate system, special education is perceived to be a very unequal -- and very expensive -- service, rather than one that assures equity for all.

Defining "disabilities" in California's public education system

Title 5 of California Code of Regulations, Sections 3030 (a - j) delineates the eligibility categories for special education services as: hearing impairments, concomitant hearing and visual impairments, a language or speech disorder, a severe orthopedic impairment, other health impairments (e.g., heart condition, cancer, leukemia, etc.), autistic-like behaviors, mental retardation, serious emotional disturbance and specific learning disabilities. Federal law also includes traumatic brain injury and developmental delays. Both state and federal law add that a child with a disability, due to the nature of the disability, requires special education and related services, "... which cannot be provided with modification of the regular school program" (Education Code 56026 (b)).

Further, "... pupils whose educational needs are due primarily to limited English proficiency; a lack of instruction in reading or mathematics; temporary physical disabilities; social maladjustment; or environmental, cultural, or economic factors are not individuals with exceptional needs" (Education Code 56026 (e)).

Therefore, a student who is blind will be eligible for special education services and might receive services from an Orientation and Mobility Specialist and have materials provided in Braille. A student with learning disabilities may or may not need the individualized services of direct instruction from a credentialed special education teacher.

A further confusion exists around the needs of children with Attention Deficit Disorder and Attention Deficit with Hyperactivity Disorder. Children with one of these disorders may qualify for special education services if they qualify under one of the official categories -- usually a specific learning disorder, other health impairment or emotional disturbance -- and if, by virtue of their disability, require special education and services, and if the regular school program cannot be modified adequately to meet their needs.

To further complicate issues, students who are not eligible for special education, but who do have a recognized disability and who need some kind of modification or accommodation to access the same educational opportunity as other nondisabled peers, may be eligible for a Section 504 Accommodation Plan.

The point of all these services, accommodations and modifications is equity. Every child, regardless of disability, has the right to access the same opportunities that any other student has. This is true whether one is discussing gender, students of color, students with disabilities, students from economically deprived backgrounds, students who speak another language or any other student who is enrolled in our public education system.

How do we assure this?

The most important responsibility we have is to first ensure a quality curriculum. We cannot begin the discussion of ensuring equal access to a quality curriculum without focusing first on the demand for that quality curriculum. The push for accountability supports the school's role in examining both what and how we offer curricular opportunities. The focus on standards, especially in the area of language arts, is helping our staffs know better the "what" to teach. Our focus on "how" is what best supports the learning needs of children with disabilities.

Continuous and individual assessment is the tool to ensure that our students are receiving the information and skills that our classroom teachers provide. The earlier and more consistent this assessment, the better our opportunities to identify early the learning needs of any student, and to intervene both appropriately and sooner.

Outstanding examples of schools that work hard and are successful at this are the winners of the Collaborative Challenge, a joint effort of ACSA, the Schwab Foundation for Learning and CalSTAT (a technical and training assistance arm of the Department of Education's Special Education Division).

The "challenge" ACSA and Schwab sought was to identify school sites where general and special education staffs collaborate successfully to ensure that all children learn. In all cases, their service delivery models have resulted in a significant reduction in referrals to special education. More information can be found about each of these schools by visiting CalSTAT's Web site at www.calstat.org, and clicking on the "Collaborative Challenge" item at the top of the page.

Another significant resource is the publication, "California Reading Initiative and Special Education in California: Critical Ideas Focusing on Meaningful Reform," a follow-up to the California Reading Initiative put together by the California Special Education Reading Task Force. This resource is sent free with every Language Arts Framework and includes sections titled "Effective Reading Instruction," "Early Intervention and Prevention: `Catch them Before they Fall,'" "Assessment that Drives Instruction: The Better we use Assessment Data, the Better we Teach," "Access to the Core Curriculum and Reading Instruction" and "Practices Linked to Research." This publication is available through the CDE Web site at www.cde.ca.gov/spbranch/sed under "Resources."

Meeting the requirements of IDEA

The 1997 Amendments of IDEA reinforce the main purpose of special education services: prioritizing access and opportunity to progress in the general curriculum (i.e., whatever the regular education students are learning). This will require the following:

* paying attention to the "what" and the "how" of instruction, including assessment;

* the use of curricular materials that reflect the application of "universal design;"

* incorporating accommodations that can be helpful to all students;

* consideration of all learning needs in the instructional planning process at classroom and district planning levels;

* consideration of the support needs of our teaching staff in order to implement the plethora of requirements we expect in the classroom;

* the use of effective instructional strategies and differentiated instruction to support multiple learner outcomes; and

* effective systems changes like those exhibited by the school site winners of the Collaborative Challenge and others who are implementing reform with all children in mind.

From the perspective of children with disabilities and their families, equity in special education means equal access and opportunity. Schools not only can agree with this definition, but implement it, through effective instructional leadership practices in all schools.

Maureen O'Leary Burness is assistant superintendent, Placer Nevada SELPA.