Free FTCE Exceptional Student Education K–12 (061) Study Guide

Individuals with Disabilities Education Act (IDEA)

IDEA is the primary federal law ensuring that students with disabilities receive a free appropriate public education (FAPE) in the least restrictive environment (LRE). Originally enacted as the Education for All Handicapped Children Act in 1975 and most recently reauthorized in 2004, IDEA establishes:

• Zero Reject — No child with a disability may be excluded from public education regardless of the severity of the disability.
• FAPE — Services must be provided at no cost to families and must be appropriate to the child's unique needs, not merely some benefit.
• LRE — Students must be educated alongside non-disabled peers to the maximum extent appropriate, with removal to more restrictive settings only when the nature or severity of the disability prevents adequate education in the general education classroom even with aids and services.
• Nondiscriminatory Evaluation — Assessments must be conducted in the child's native language, use multiple measures, and not discriminate on the basis of race, culture, or disability.
• IEP Requirement — Every student who qualifies must have a written Individualized Education Program developed by a team that includes the parents.
• Procedural Safeguards — Families have enforceable rights including prior written notice, informed consent, access to records, mediation, and due process hearings.
• Parent and Student Participation — Parents are full members of the IEP team; students should be invited to IEP meetings when transition is being planned (by age 16, or earlier under Florida rules).

IDEA covers students from birth through age 21 (or graduation with a regular diploma). Part C covers infants and toddlers birth through age 2; Part B covers students ages 3–21.

Section 504 of the Rehabilitation Act (1973)

Section 504 is a civil rights law, not a special education law. It prohibits discrimination against individuals with disabilities in any program receiving federal financial assistance — which includes every public school. Key distinctions from IDEA:

• The definition of disability is broader: any physical or mental impairment that substantially limits one or more major life activities.
• Students may qualify for 504 accommodations without qualifying for special education under IDEA (e.g., a student with ADHD who does not need specially designed instruction but does need extended time).
• A 504 Plan documents accommodations but does not carry the same procedural protections as an IEP.
• No federal funding is attached to 504; compliance is ensured through the Office for Civil Rights (OCR).

Americans with Disabilities Act (ADA, 1990; ADA Amendments Act, 2008)

The ADA extends protections against disability discrimination to the private sector, state and local government, employment, and public accommodations. For schools, the ADA reinforces Section 504 and applies to physical accessibility of buildings, websites, and communication. The 2008 amendments broadened the definition of disability by directing that "substantially limits" be construed broadly and by expanding the list of major life activities to include bodily functions.

Every Student Succeeds Act (ESSA, 2015)

ESSA reauthorized the Elementary and Secondary Education Act and replaced No Child Left Behind. For ESE teachers, the critical points are:

• Students with disabilities must be included in state assessments with appropriate accommodations.
• Up to 1% of all tested students (roughly 10% of students with disabilities) may take alternate assessments aligned to alternate achievement standards.
• ESSA requires that school improvement plans address the needs of subgroups, including students with disabilities.

Family Educational Rights and Privacy Act (FERPA)

FERPA governs access to and disclosure of student educational records. For ESE teachers:

• Parents of students under 18 (or eligible students 18 and older) have the right to inspect and review educational records.
• Schools may not disclose personally identifiable information from education records without written consent, with narrow exceptions (school officials with legitimate educational interest, emergency, subpoena).
• IEPs, evaluations, and ESE records are educational records protected by FERPA.
• When sharing information with paraprofessionals or outside agencies, use only what is necessary for the child's education.

Florida-Specific Legislation

Florida law mirrors and sometimes expands federal requirements:

• Florida Statutes Chapter 1003.57 — Exceptional Student Education, outlining district responsibilities.
• Florida Administrative Code 6A-6 — Detailed eligibility criteria, evaluation procedures, IEP requirements, and LRE standards.
• McKay Scholarship Program — Florida program allowing students with disabilities to use public funds for private school placement.
• Gardiner Scholarship / Family Empowerment Scholarship — Expanded school choice for students with unique abilities.
• Florida requires transition planning to begin by age 14, earlier than the federal requirement of age 16.

Florida-Specific and Additional Categories

Florida recognizes additional eligibility categories beyond the 13 federal ones:

• Gifted — Florida law requires districts to identify and serve gifted students. A student demonstrates superior intellectual development and creative, specific academic, or leadership abilities that require differentiated instruction.
• Developmentally Delayed (DD) — Florida may use this category for children ages 3–5 (and up to age 7 under Part B) who exhibit delays in one or more developmental areas but do not yet clearly meet criteria for a specific disability category.
• Established Conditions — For Part C (birth through 2), infants and toddlers with diagnosed conditions having a high probability of resulting in developmental delay.

Eligibility Determination Process

Eligibility is never determined by a single test score. The evaluation team must:

1. Use a variety of assessment tools and strategies to gather functional, developmental, and academic information.
2. Include information from parents.
3. Use technically sound instruments that do not discriminate on a racial or cultural basis.
4. Administer assessments in the child's native language or other mode of communication, unless not feasible.
5. Determine whether the student has a disability AND whether the disability adversely affects educational performance AND whether the student needs specially designed instruction as a result.

A student cannot be found eligible for special education solely because of a lack of appropriate instruction in reading or math, or because of limited English proficiency.

Physical Development

Typical: Children follow a cephalocaudal (head to tail) and proximodistal (center to periphery) sequence. Gross motor skills (rolling, sitting, walking) precede fine motor skills (pinching, drawing, writing). By age 5–6, most children have the fine motor control for handwriting. Puberty brings rapid physical change, typically beginning for girls at 8–13 and boys at 9–14.

Atypical indicators: Persistent hypotonia (low muscle tone), delayed attainment of motor milestones (not sitting by 9 months, not walking by 18 months), significant asymmetry in movement, or regression of previously acquired motor skills. Physical atypicalities may indicate neurological conditions, orthopedic impairments, or genetic syndromes and often co-occur with other developmental differences.

Cognitive Development

Piaget's stages as a reference frame: Sensorimotor (birth–2), Preoperational (2–7), Concrete Operational (7–11), Formal Operational (12+). These stages describe typical progressions in logical thinking, object permanence, symbolic thought, and abstract reasoning.

Typical: Children develop working memory, attention, executive function, and metacognitive skills gradually. By middle school, most students can engage in abstract reasoning and hypothetical thinking.

Atypical indicators: Significant delays in problem-solving, memory, attention, reasoning, or concept formation may indicate intellectual disability, learning disabilities, or TBI. Uneven cognitive profiles (e.g., strong verbal reasoning with weak processing speed) are characteristic of SLD. Regression of cognitive skills may indicate a degenerative neurological condition or psychological disorder.

Language and Communication Development

Typical milestones:

• 2 months: cooing
• 6 months: babbling
• 12 months: first words
• 18–24 months: two-word combinations
• 3 years: three-to-four-word sentences, strangers can understand most speech
• 5 years: complex sentences, most speech sounds mastered
• School age: reading, writing, and metalinguistic awareness develop alongside oral language

Atypical indicators: No babbling by 12 months, no single words by 16 months, no two-word phrases by 24 months, loss of previously acquired language, significant difficulty with articulation, fluency (stuttering), voice quality, or language comprehension and expression. Language delays are often the first indicator of ASD, intellectual disability, or hearing impairment.

Important distinction: English Language Learners (ELLs) may appear to have language delays because they are learning two languages simultaneously or sequentially. True language impairment affects proficiency in both L1 and L2. ESE evaluators must distinguish between language difference and language disorder.

Social Development

Typical: Infants form attachment bonds; toddlers engage in parallel play; preschoolers begin cooperative play. School-age children increasingly value peer relationships and develop the capacity for perspective-taking (theory of mind). Adolescents navigate identity formation, peer group membership, and increasing autonomy from adults.

Atypical indicators: Absence of social referencing (looking to adults for cues) in infancy, lack of joint attention, failure to develop peer relationships appropriate to developmental level, and rigid adherence to routines are core features of ASD. Students with EBD may show aggressive, withdrawn, or oppositional behavior patterns that disrupt social functioning. Social skill deficits also appear in students with intellectual disability, ADHD, and SLD.

Emotional Development

Typical: Emotional regulation develops from infancy through adolescence. Young children rely on co-regulation (adult support); school-age children develop increasing self-regulation. Adolescents experience heightened emotional intensity and risk-taking linked to brain maturation (limbic system developing faster than prefrontal cortex).

Atypical indicators: Persistent emotional dysregulation, extreme anxiety, pervasive depressed mood, explosive anger, or emotional flatness that is developmentally inappropriate and that adversely affects school functioning may indicate EBD or other psychiatric conditions. ESE teachers must recognize the difference between situational emotional difficulties (responses to trauma, family stress) and patterns that may warrant evaluation.

Key Legal Principles

• Confidentiality: Student records, evaluations, and IEPs are protected by FERPA. Information may be shared only with school officials who have a legitimate educational interest, with parental consent, or in specific legal circumstances.
• Informed Consent: IDEA requires written, informed parental consent before the initial evaluation, before re-evaluation (unless the district can demonstrate it tried and parents failed to respond), and before initial provision of special education services. Consent is not required for continued delivery of already-agreed-upon services.
• Prior Written Notice (PWN): The school must notify parents in writing when it proposes or refuses to initiate or change the identification, evaluation, or educational placement of their child. PWN must be in understandable language and in the parent's native language.
• Procedural Safeguards: Parents must receive a copy of procedural safeguards at least once per year and upon initial referral, complaint filing, or request. Safeguards include the right to review records, mediation, state complaints, and due process hearings.
• Stay-Put Provision: During any due process proceeding, the student remains in their current educational placement unless the parent and school agree otherwise (except in cases involving weapons, drugs, or serious bodily injury).
• Discipline: Students with disabilities may be suspended for up to 10 school days without a manifestation determination review (MDR). For longer removals, an MDR must determine whether the behavior was caused by or substantially related to the disability, or resulted from the school's failure to implement the IEP.

Ethical Responsibilities

The Council for Exceptional Children (CEC) Code of Ethics guides professional practice. Key ethical obligations include:

• Prioritizing the educational and developmental needs of students with exceptionalities in all professional decisions.
• Maintaining confidentiality and protecting the privacy of students and families.
• Practicing within the scope of one's competence and seeking professional development when needed.
• Advocating for resources, policies, and practices that improve outcomes for students with disabilities.
• Being truthful with parents, students, and colleagues, even when the truth is difficult.
• Refusing to participate in practices that are discriminatory, harmful, or professionally unethical.

Ethical Dilemmas in Practice

ESE teachers regularly face situations where ethical principles must be applied carefully:

• A parent requests information about another student in the class — ethically, only information about their own child may be shared.
• A paraprofessional is implementing an instructional strategy incorrectly — the ESE teacher has an ethical obligation to provide corrective guidance and document the coaching.
• A general education teacher refuses to implement accommodations listed on an IEP — the ESE teacher must advocate for the student and escalate if necessary, because the IEP is a legal document.
• A student discloses abuse — mandatory reporting requirements override confidentiality; all Florida school employees are mandatory reporters.

Required IEP Components (IDEA)

1. Present Levels of Academic Achievement and Functional Performance (PLAAFP) — Describes the student's current skills and how the disability affects involvement and progress in the general curriculum. Must be based on current data.
2. Measurable Annual Goals — Written goals that can be objectively measured and that address academic and/or functional needs resulting from the disability.
3. Special Education and Related Services — A description of all services the student will receive, including frequency, duration, and location. Related services may include speech-language therapy, occupational therapy, physical therapy, counseling, transportation, and others.
4. Supplementary Aids and Services — Supports provided in general education or other environments to enable the student to be educated alongside non-disabled peers to the maximum extent appropriate.
5. Participation in General Education — An explanation of the extent, if any, to which the student will not participate with non-disabled students in the regular class and activities.
6. Participation in Statewide and District Assessments — A statement about any accommodations needed for state assessments; if the student takes an alternate assessment, a statement of why the student cannot participate in the regular assessment.
7. Service Dates and Duration — Projected start date for services and the anticipated frequency, location, and duration of each service.
8. Transition Services (by age 16, or 14 in Florida) — Coordinated set of activities designed within a results-oriented process to facilitate movement from school to post-secondary education, vocational education, integrated employment, continuing education, adult services, independent living, or community participation.
9. Progress Reporting — How and when parents will be informed of the student's progress toward annual goals.

The IEP Team

IDEA specifies who must be included on the IEP team:

• Parents of the student
• At least one general education teacher (if the student is or may be participating in general education)
• At least one special education teacher or provider
• A representative of the public agency who is qualified to provide or supervise specially designed instruction and is knowledgeable about the general curriculum and available resources
• An individual who can interpret the instructional implications of evaluation results (may be one of the above)
• Other individuals with knowledge or special expertise regarding the child (at the discretion of parents or school)
• The student, whenever appropriate (required when transition is being discussed)

Team members may be excused from an IEP meeting if their area of curriculum or related service is not being modified or discussed, provided the parent agrees in writing. If their area is being discussed, they may be excused if the parent consents in writing and the member submits written input prior to the meeting.

Transition IEPs

By the time a student turns 16 (or 14 in Florida), the IEP must include:

• Appropriate measurable postsecondary goals based on age-appropriate transition assessments relating to training, education, employment, and where appropriate, independent living skills.
• Transition services needed to help the student reach those goals, including courses of study (e.g., participation in advanced-placement courses, participation in vocational education programs).
• Beginning no later than age 17, a statement that the student has been informed of the rights that will transfer at age of majority (18 in Florida).

Transition planning requires connecting students with community agencies (Division of Vocational Rehabilitation, Agency for Persons with Disabilities, Florida Center for the Blind and Visually Impaired, etc.) and coordinating services across school and adult systems.

Section 504 Plans vs. IEPs

Multi-Tiered System of Supports (MTSS)

MTSS is a comprehensive, school-wide framework for meeting the academic, behavioral, and social-emotional needs of all students through layered supports. It incorporates both RTI (academic focus) and Positive Behavioral Interventions and Supports (PBIS, behavioral focus).

• Tier 1 (Universal/Core): High-quality, evidence-based instruction and support provided to all students in the general education classroom. Approximately 80% of students are expected to meet grade-level expectations with Tier 1 alone. Universal screening three times per year identifies students who may need additional support.
• Tier 2 (Targeted/Strategic): Supplemental intervention for students who did not respond adequately to Tier 1. Typically delivered in small groups with more frequent progress monitoring. Approximately 15% of students may need Tier 2 support.
• Tier 3 (Intensive/Individualized): Intensive, individualized intervention for students with the most significant needs. Approximately 5% of students. Tier 3 intervention may include referral for special education evaluation if the student does not respond to intensive intervention. Note: placement in Tier 3 does not automatically mean a student has a disability or qualifies for special education.

RTI and SLD Identification

Under IDEA (2004), schools may use a student's response to scientific, research-based intervention as part of the evaluation process for determining whether a student has a specific learning disability. This RTI approach replaced or supplemented the traditional "ability-achievement discrepancy" model. Florida uses a problem-solving/RTI process for SLD identification. The RTI data collected across tiers is part of the evaluation evidence when a referral for special education is made.

Universal Design for Learning (UDL)

UDL is a framework for designing instruction and materials that are accessible to all learners from the outset, reducing the need for individual retrofitting. UDL is organized around three principles:

• Multiple Means of Representation — Present information in more than one format (text, audio, visual, tactile).
• Multiple Means of Action and Expression — Allow students to demonstrate knowledge in multiple ways (writing, speaking, drawing, building).
• Multiple Means of Engagement — Provide choices that tap into different interests, offer varying levels of challenge, and build self-regulation.

UDL benefits all students, not just those with disabilities, by creating flexible learning environments.

Inclusion and Continuum of Placements

IDEA's LRE mandate requires that a continuum of alternative placements be available to meet the needs of students with disabilities:

• General education classroom with supports and accommodations
• General education classroom with consultation or push-in from ESE teacher
• Resource room (pull-out for part of the day)
• Separate ESE classroom for most of the day
• Separate school
• Residential facility
• Home/hospital instruction

Placement decisions are made by the IEP team based on the student's individual needs, not on categorical labels. Students may move along the continuum as their needs change. Florida measures LRE compliance by tracking the percentage of time students with disabilities spend in general education settings.

Communicating with Families

• Use plain, accessible language — avoid jargon when speaking with parents who may not be familiar with educational terminology.
• Provide information in the family's native language or communicate through a qualified interpreter when English is not the primary language.
• Recognize that families bring knowledge about their child that professionals do not have. Parent input enriches evaluation, IEP development, and instructional planning.
• Maintain regular two-way communication — not just crisis contact. Progress notes, phone calls, home-school communication logs, and parent-teacher conferences build trust.
• Respect cultural differences in attitudes toward disability, authority, and educational institutions. Some families may distrust schools or medical systems based on historical experiences.
• Empower families to become effective advocates for their children by explaining their rights, helping them understand the IEP document, and inviting genuine participation in decision-making.

Consultation and Co-Teaching Models

ESE teachers work with general education colleagues in several structured ways:

• Consultation: The ESE teacher advises the general education teacher on strategies, accommodations, or modifications without being physically present in the classroom. Effective for students whose needs can be met through brief, targeted guidance.
• Co-Teaching: Two teachers (typically general education and ESE) share responsibility for planning, delivering, and assessing instruction for a group of students. Common co-teaching models include:
  • One teach/one support — One teacher leads instruction while the other circulates and assists.
  • Station teaching — Students rotate through stations; each teacher leads one or more stations.
  • Parallel teaching — Both teachers teach the same material simultaneously to smaller halves of the class.
  • Alternative teaching — One teacher works with a small group for pre-teaching, re-teaching, or enrichment while the other teaches the larger group.
  • Team teaching — Both teachers share the lead fluidly, with equal status.

Collaboration with Related Service Providers

Students with disabilities often receive services from speech-language pathologists, occupational therapists, physical therapists, school psychologists, counselors, and orientation and mobility specialists. The ESE teacher coordinates with these professionals to:

• Ensure IEP goals align across disciplines and reinforce each other.
• Carry over strategies from therapy into classroom instruction (e.g., reinforcing articulation targets established in speech therapy during read-aloud activities).
• Communicate student progress and emerging concerns.
• Participate in multidisciplinary team meetings, student support team meetings, and IEP conferences.

Roles and Responsibilities

• Paraprofessionals (also called instructional assistants, paraeducators, or aides) carry out instructional and non-instructional duties under the direction of a licensed educator.
• The licensed ESE teacher is legally and professionally responsible for the instruction delivered to students, even when a paraprofessional is the one physically delivering it.
• Paraprofessionals should NOT be primarily responsible for designing instruction, determining eligibility, or evaluating students.
• Over-reliance on one-to-one paraprofessional support can inadvertently reduce a student's independence, peer interaction, and teacher access — the ESE teacher should monitor and adjust the level of adult support as students develop skills.

Effective Coaching Practices

• Clear task assignment: Provide paraprofessionals with specific, written instructions describing what they should do, how, and why. Do not assume they know what instructional strategy to use.
• Modeling: Demonstrate strategies for the paraprofessional to observe before asking them to implement independently.
• Observation and feedback: Regularly observe paraprofessionals working with students and provide corrective, growth-oriented feedback promptly.
• Professional development: Advocate for training opportunities that build paraprofessional skills in areas such as de-escalation, AAC (augmentative and alternative communication) use, data collection, and specific instructional strategies.
• Communication: Hold regular check-ins to discuss student progress, logistics, and challenges. Create a climate of mutual respect while maintaining professional boundaries.
• Confidentiality training: Remind paraprofessionals that student information is confidential under FERPA and must not be shared outside appropriate professional contexts.

Working with Volunteers

Volunteers in ESE classrooms bring valuable community support but require orientation:

• Orient volunteers to classroom routines, expectations, and any safety protocols relevant to the students they will support.
• Assign volunteers tasks appropriate to their skills and training (reading aloud, assisting with art projects, one-to-one flashcard practice under teacher direction).
• Explain confidentiality expectations — volunteers must not discuss student names, diagnoses, or personal information outside the school.
• Volunteers should never be placed in situations requiring professional judgment about a student's disability or instructional needs without licensed teacher oversight.

Key Professional Organizations

• Council for Exceptional Children (CEC) — The premier professional organization for special educators. Publishes professional standards, ethical guidelines, and research-based practice recommendations. Divisions include the Division for Learning Disabilities (DLD), Division on Autism and Developmental Disabilities (DADD), and others.
• National Association of School Psychologists (NASP) — Represents school psychologists who conduct evaluations and provide mental health support in schools.
• American Speech-Language-Hearing Association (ASHA) — Professional organization for speech-language pathologists and audiologists.
• American Occupational Therapy Association (AOTA) — Professional organization for occupational therapists serving students with disabilities.

Advocacy Organizations

• The Arc — National organization advocating for people with intellectual and developmental disabilities and their families.
• Autism Society of America — Advocacy and support for individuals with ASD and their families.
• Learning Disabilities Association of America (LDA) — Advocacy, resources, and support for individuals with learning disabilities.
• National Federation of the Blind (NFB) / American Foundation for the Blind (AFB) — Advocacy and resources for individuals with visual impairments.
• National Association of the Deaf (NAD) — Civil rights organization for deaf and hard-of-hearing individuals.
• Parent Training and Information Centers (PTIs) — IDEA funds PTIs in every state to help parents of students with disabilities understand their rights and participate effectively in their children's education. Florida's PTI is Family Network on Disabilities (FND).

State and Federal Agencies (Florida Focus)

• Florida Department of Education (FDOE), Bureau of Exceptional Education and Student Services (BEESS) — State agency overseeing ESE programs, monitoring compliance, and providing technical assistance to districts.
• Division of Vocational Rehabilitation (VR) — State agency providing employment-related services to individuals with disabilities. A key transition partner for students age 16+ planning for competitive integrated employment.
• Agency for Persons with Disabilities (APD) — Florida agency providing waiver services and support to individuals with developmental disabilities (intellectual disability, autism, spina bifida, cerebral palsy, Prader-Willi syndrome, Down syndrome) across their lifespans.
• Florida Center for Blind and Visually Impaired (FCBVI) — Services for individuals with visual impairments including technology training and orientation and mobility.
• Office for Civil Rights (OCR), U.S. Department of Education — Investigates complaints of discrimination under Section 504 and the ADA.
• Office of Special Education Programs (OSEP), U.S. Department of Education — Federal office overseeing IDEA implementation, providing grants, monitoring states, and disseminating research.
• Social Security Administration (SSA) — Administers Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI), which some students with significant disabilities may access as they approach adulthood.
• Medicaid / Florida Medicaid — May fund some related services (e.g., speech therapy, OT, PT) for students with disabilities in certain circumstances. Schools must exhaust Medicaid and private insurance before billing IDEA funds.

The Nature of Disproportionality

Over-representation is historically documented for Black and Native American students in categories such as intellectual disability and emotional/behavioral disorders, and in more restrictive placements. Under-representation can occur for English Language Learners or students from high-poverty backgrounds in categories like gifted education.

Disproportionality can result from:

• Implicit bias in teacher referral practices — teachers may interpret behavior differently based on a student's race.
• Culturally and linguistically non-responsive assessment tools that penalize students for language or cultural differences rather than disability.
• Inequitable access to high-quality Tier 1 instruction, leading to higher rates of students who fall behind and are then misidentified.
• Poverty effects — students experiencing homelessness, food insecurity, or trauma may exhibit behaviors that are mistakenly attributed to disability.
• Systemic factors including school discipline policies (school-to-prison pipeline) that disproportionately impact Black and Latino students.

Federal Requirements Under IDEA

IDEA requires states to collect and examine data on the race and ethnicity of students identified for special education and placed in particular settings. States must:

• Analyze data to identify districts with significant disproportionality based on race and ethnicity in identification, placement, and disciplinary actions (including suspensions, expulsions, and use of seclusion/restraint).
• Require districts found to have significant disproportionality to reserve 15% of their IDEA Part B funds for Coordinated Early Intervening Services (CEIS) — services for students who do not currently have IEPs but who need additional academic and behavioral support.
• Review and revise policies, practices, and procedures to address the root causes of disproportionality.

Culturally Responsive Evaluation and Instruction

Addressing disproportionality requires proactive attention at multiple levels:

• At the referral stage: Use data-based problem-solving rather than subjective referral. Ensure MTSS tiers are implemented with fidelity before special education referral. Consider whether cultural or linguistic factors could explain the behavior or academic performance.
• At the evaluation stage: Select assessment instruments with appropriate normative samples; use evaluators who speak the student's home language or qualified interpreters; collect information from family members about the student's skills in home language and cultural context.
• At the instructional level: Implement culturally responsive pedagogy that connects content to students' backgrounds, builds on cultural assets, and maintains high expectations for all students.
• At the systems level: Audit discipline data, referral patterns, and placement rates by subgroup and address disparities through professional development, policy revision, and community engagement.