today I’m going to talk about compliance specifically special education
specifically special education
specifically special education compliance that’s good
compliance that’s good
compliance that’s good which brings a lot of emotions fear
which brings a lot of emotions fear
which brings a lot of emotions fear anxiety but I’m hoping that after today
anxiety but I’m hoping that after today
anxiety but I’m hoping that after today we can talk about it a little bit less
we can talk about it a little bit less
we can talk about it a little bit less or at least changed the dialogue so it
or at least changed the dialogue so it
or at least changed the dialogue so it is no longer the focus of the
is no longer the focus of the
is no longer the focus of the conversation this is an IEP an
conversation this is an IEP an
conversation this is an IEP an individualized education plan for Kyra
individualized education plan for Kyra
individualized education plan for Kyra who has dyslexia this compliance
who has dyslexia this compliance
who has dyslexia this compliance document is the cornerstone of the
document is the cornerstone of the
document is the cornerstone of the federal law I DEA the individuals with
federal law I DEA the individuals with
federal law I DEA the individuals with Disabilities Education Act in the United
Disabilities Education Act in the United
Disabilities Education Act in the United States that ensures Kyra gets a free and
States that ensures Kyra gets a free and
States that ensures Kyra gets a free and appropriate education in comparison with
appropriate education in comparison with
appropriate education in comparison with her peers for nine years I spent over 70
her peers for nine years I spent over 70
her peers for nine years I spent over 70 hours a year editing writing reviewing
hours a year editing writing reviewing
hours a year editing writing reviewing and submitting these documents Kyra says
and submitting these documents Kyra says
and submitting these documents Kyra says that she has a specific learning
that she has a specific learning
that she has a specific learning disability that she’s in a 15-2
disability that she’s in a 15-2
disability that she’s in a 15-2 one-to-one setting she gets
one-to-one setting she gets
one-to-one setting she gets time-and-a-half on her tests that she’ll
time-and-a-half on her tests that she’ll
time-and-a-half on her tests that she’ll be assessed four times a year
be assessed four times a year
be assessed four times a year on three objectives and that she’ll meet
on three objectives and that she’ll meet
on three objectives and that she’ll meet four goals with 80% accuracy you can all
four goals with 80% accuracy you can all
four goals with 80% accuracy you can all see the individual needs of this child
see the individual needs of this child
see the individual needs of this child in this document right I see some of you
in this document right I see some of you
in this document right I see some of you recognize her right away
recognize her right away
recognize her right away know I spent 70 hours writing that
know I spent 70 hours writing that
know I spent 70 hours writing that document what about this one can you
document what about this one can you
document what about this one can you recognize the individual needs of this
recognize the individual needs of this
recognize the individual needs of this this child in this document none of you
this child in this document none of you
this child in this document none of you recognize mr. wonderful Kevin O’Leary
recognize mr. wonderful Kevin O’Leary
recognize mr. wonderful Kevin O’Leary from shark tank and being overly
from shark tank and being overly
from shark tank and being overly dramatic to make make a point my point
dramatic to make make a point my point
dramatic to make make a point my point being is that it is very difficult to
being is that it is very difficult to
being is that it is very difficult to actually glean anything meaningful about
actually glean anything meaningful about
actually glean anything meaningful about an individual from these compliance
an individual from these compliance
an individual from these compliance documents and some of you might argue
documents and some of you might argue
documents and some of you might argue but that’s not the point of the
but that’s not the point of the
but that’s not the point of the documents the documents is for
documents the documents is for
documents the documents is for compliance I could play the same game
compliance I could play the same game
compliance I could play the same game over and over again with all the
over and over again with all the
over and over again with all the individuals you see here you recognize
individuals you see here you recognize
individuals you see here you recognize all of these faces
all of these faces
all of these faces because of their talents their success
because of their talents their success
because of their talents their success or their genius not because of their
or their genius not because of their
or their genius not because of their learning differences and so I would like
learning differences and so I would like
learning differences and so I would like to make the argument here that maybe we
to make the argument here that maybe we
to make the argument here that maybe we don’t recognize an individual in the
don’t recognize an individual in the
don’t recognize an individual in the individualized education plan and so
individualized education plan and so
individualized education plan and so some of you might be wondering well why
some of you might be wondering well why
some of you might be wondering well why does that matter
does that matter
does that matter well because actually the IEP was the
well because actually the IEP was the
well because actually the IEP was the first ever personalized learning concept
first ever personalized learning concept
first ever personalized learning concept ever created in 1975 before words like
ever created in 1975 before words like
ever created in 1975 before words like personalized learning or blended
personalized learning or blended
personalized learning or blended learning or flipped classroom or
learning or flipped classroom or
learning or flipped classroom or individualized instruction before those
individualized instruction before those
individualized instruction before those words existed the IEP was developed to
words existed the IEP was developed to
words existed the IEP was developed to take into account the individual needs
take into account the individual needs
take into account the individual needs of a child but as you saw from those
of a child but as you saw from those
of a child but as you saw from those documents it has not caught up with what
documents it has not caught up with what
documents it has not caught up with what we know about personalized learning
we know about personalized learning
we know about personalized learning today in fact parents reports that the
today in fact parents reports that the
today in fact parents reports that the IEP is confusing hard to navigate not
IEP is confusing hard to navigate not
IEP is confusing hard to navigate not transparent difficult to understand in
transparent difficult to understand in
transparent difficult to understand in fact this mother said that it was
fact this mother said that it was
fact this mother said that it was difficult for her to recognize her own
difficult for her to recognize her own
difficult for her to recognize her own child in these documents so an
child in these documents so an
child in these documents so an individualized education plan that
individualized education plan that
individualized education plan that obscures the individual maybe seems like
obscures the individual maybe seems like
obscures the individual maybe seems like it’s not doing all of the job it was
it’s not doing all of the job it was
it’s not doing all of the job it was intended to do teachers also very much
intended to do teachers also very much
intended to do teachers also very much struggle with this document I know from
struggle with this document I know from
struggle with this document I know from personal experience but also because my
personal experience but also because my
personal experience but also because my colleagues and I interviewed hundreds of
colleagues and I interviewed hundreds of
colleagues and I interviewed hundreds of teachers from across the country 79% of
teachers from across the country 79% of
teachers from across the country 79% of them reported the IEP had very little
them reported the IEP had very little
them reported the IEP had very little relevance to their teaching in another
relevance to their teaching in another
relevance to their teaching in another study done in 2012 the majority of
study done in 2012 the majority of
study done in 2012 the majority of teacher said that the IEP had little to
teacher said that the IEP had little to
teacher said that the IEP had little to do with their day-to-day planning their
do with their day-to-day planning their
do with their day-to-day planning their daily instruction or their pedagogy
daily instruction or their pedagogy
daily instruction or their pedagogy overall the good news is we know more
overall the good news is we know more
overall the good news is we know more about special needs and neurodiversity
about special needs and neurodiversity
about special needs and neurodiversity than we ever have before
than we ever have before
than we ever have before thanks to amazing institutions doing
thanks to amazing institutions doing
thanks to amazing institutions doing really difficult work in the cognitive
really difficult work in the cognitive
really difficult work in the cognitive and learning sciences we know more about
and learning sciences we know more about
and learning sciences we know more about dyslexia the autism spectrum ADHD we
dyslexia the autism spectrum ADHD we
dyslexia the autism spectrum ADHD we know more about reading writing thing
know more about reading writing thing
know more about reading writing thing and learning in fact we know that some
and learning in fact we know that some
and learning in fact we know that some of the greatest minds of our time have
of the greatest minds of our time have
of the greatest minds of our time have had learning differences today 35% of
had learning differences today 35% of
had learning differences today 35% of company founders identify as dyslexic
company founders identify as dyslexic
company founders identify as dyslexic and individuals like Temple Grandin or
and individuals like Temple Grandin or
and individuals like Temple Grandin or Richard Branson actually attribute their
Richard Branson actually attribute their
Richard Branson actually attribute their different way of thinking to their
different way of thinking to their
different way of thinking to their success and to their profound impact
success and to their profound impact
success and to their profound impact unfortunately Lowe these realizations in
unfortunately Lowe these realizations in
unfortunately Lowe these realizations in this research has not really been
this research has not really been
this research has not really been brought to the forefront of awareness in
brought to the forefront of awareness in
brought to the forefront of awareness in society and it has certainly not
society and it has certainly not
society and it has certainly not trickled down into our classrooms today
trickled down into our classrooms today
trickled down into our classrooms today today in the United States students with
today in the United States students with
today in the United States students with special needs are more likely to be
special needs are more likely to be
special needs are more likely to be suspended expelled get caught up in the
suspended expelled get caught up in the
suspended expelled get caught up in the juvenile justice system they are less
juvenile justice system they are less
juvenile justice system they are less likely to graduate and they are less
likely to graduate and they are less
likely to graduate and they are less likely to be employed the achievement
likely to be employed the achievement
likely to be employed the achievement gap for students with special needs is
gap for students with special needs is
gap for students with special needs is wide and it has not closed in over
wide and it has not closed in over
wide and it has not closed in over thirty five years and I’m here to talk
thirty five years and I’m here to talk
thirty five years and I’m here to talk about the fact that this document is
about the fact that this document is
about the fact that this document is part of the problem literally when you
part of the problem literally when you
part of the problem literally when you utter the words special education this
utter the words special education this
utter the words special education this document is almost all that comes to
document is almost all that comes to
document is almost all that comes to mind in schools and in districts so I’d
mind in schools and in districts so I’d
mind in schools and in districts so I’d like to spread the idea that compliance
like to spread the idea that compliance
like to spread the idea that compliance is not enough it is not enough to simply
is not enough it is not enough to simply
is not enough it is not enough to simply fill out these documents so I’m sure
fill out these documents so I’m sure
fill out these documents so I’m sure you’re asking why and what is the
you’re asking why and what is the
you’re asking why and what is the disconnect right now I’m gonna try to
disconnect right now I’m gonna try to
disconnect right now I’m gonna try to break it down to you a little bit when
break it down to you a little bit when
break it down to you a little bit when the IEP was written it was written as an
the IEP was written it was written as an
the IEP was written it was written as an individualized education plan meaning a
individualized education plan meaning a
individualized education plan meaning a process a detailed plan of action that
process a detailed plan of action that
process a detailed plan of action that outlines or documents the services
outlines or documents the services
outlines or documents the services accommodations and modifications that a
accommodations and modifications that a
accommodations and modifications that a student should get however today we are
student should get however today we are
student should get however today we are viewing it as if it is a product as if
viewing it as if it is a product as if
viewing it as if it is a product as if it is an output itself produced with the
it is an output itself produced with the
it is an output itself produced with the result to follow we believe that if
result to follow we believe that if
result to follow we believe that if teachers and schools and districts spend
teachers and schools and districts spend
teachers and schools and districts spend enough time writing the IEP producing
enough time writing the IEP producing
enough time writing the IEP producing the IEP that the results in this case
the IEP that the results in this case
the IEP that the results in this case academic and functional outcomes will
academic and functional outcomes will
academic and functional outcomes will follow and that is simply not true so
follow and that is simply not true so
follow and that is simply not true so much so that many people feel that this
much so that many people feel that this
much so that many people feel that this is almost a
is almost a
is almost a in lie this mother wrote an article in
in lie this mother wrote an article in
in lie this mother wrote an article in the Atlantic in 2016
the Atlantic in 2016
the Atlantic in 2016 calling special education a charade
calling special education a charade
calling special education a charade literally talking about smoke and
literally talking about smoke and
literally talking about smoke and mirrors saying that the IEP was one of
mirrors saying that the IEP was one of
mirrors saying that the IEP was one of the greatest pitfalls of our education
the greatest pitfalls of our education
the greatest pitfalls of our education system today in the United States the
system today in the United States the
system today in the United States the special ed system is so divisive that
special ed system is so divisive that
special ed system is so divisive that special ed is one of the most litigated
special ed is one of the most litigated
special ed is one of the most litigated topics in our courtrooms today schools
topics in our courtrooms today schools
topics in our courtrooms today schools and districts spend ninety million
and districts spend ninety million
and districts spend ninety million dollars on conflict resolution ninety
dollars on conflict resolution ninety
dollars on conflict resolution ninety million dollars the majority of which is
million dollars the majority of which is
million dollars the majority of which is spent on a special education that is
spent on a special education that is
spent on a special education that is litigating the the what is written in
litigating the the what is written in
litigating the the what is written in the IEP the words that are in the IEP
the IEP the words that are in the IEP
the IEP the words that are in the IEP what’s a little bit more alarming than
what’s a little bit more alarming than
what’s a little bit more alarming than this ninety million dollars is that
this ninety million dollars is that
this ninety million dollars is that there is almost no guarantee all of that
there is almost no guarantee all of that
there is almost no guarantee all of that fighting and litigation and filling out
fighting and litigation and filling out
fighting and litigation and filling out compliance documents does not guarantee
compliance documents does not guarantee
compliance documents does not guarantee outcomes in fact the research shows that
outcomes in fact the research shows that
outcomes in fact the research shows that compliance does not equate to outcomes
compliance does not equate to outcomes
compliance does not equate to outcomes you could be the most compliant district
you could be the most compliant district
you could be the most compliant district in the country and your students with
in the country and your students with
in the country and your students with special needs aren’t necessarily doing
special needs aren’t necessarily doing
special needs aren’t necessarily doing any better as a family you can win that
any better as a family you can win that
any better as a family you can win that litigation but there is no guarantee
litigation but there is no guarantee
litigation but there is no guarantee that your child will have improved
that your child will have improved
that your child will have improved educational outcomes after the fact
educational outcomes after the fact
educational outcomes after the fact reports have shown that litigation does
reports have shown that litigation does
reports have shown that litigation does not ensure measurable outcomes and that
not ensure measurable outcomes and that
not ensure measurable outcomes and that compliance and this process has little
compliance and this process has little
compliance and this process has little if any connection to the actual
if any connection to the actual
if any connection to the actual educational improvements of students
educational improvements of students
educational improvements of students also to add a little bit of salt to this
also to add a little bit of salt to this
also to add a little bit of salt to this wound this process further
wound this process further
wound this process further disenfranchises families and students
disenfranchises families and students
disenfranchises families and students who do not have the means to access the
who do not have the means to access the
who do not have the means to access the language the time the money to navigate
language the time the money to navigate
language the time the money to navigate the system or advocate for their
the system or advocate for their
the system or advocate for their children so what are we left with we are
children so what are we left with we are
children so what are we left with we are left with a country that is in a
left with a country that is in a
left with a country that is in a national crisis we cannot attract nor
national crisis we cannot attract nor
national crisis we cannot attract nor retain special educators additionally we
retain special educators additionally we
retain special educators additionally we have students who are sitting in our
have students who are sitting in our
have students who are sitting in our classrooms
classrooms
classrooms the next Erin Brokovich or Jim Carrey
the next Erin Brokovich or Jim Carrey
the next Erin Brokovich or Jim Carrey and their IEP
and their IEP
and their IEP are being argued over in the courtroom
are being argued over in the courtroom
are being argued over in the courtroom instead of having their talents nurtured
instead of having their talents nurtured
instead of having their talents nurtured in the classroom now I’m not here to say
in the classroom now I’m not here to say
in the classroom now I’m not here to say that compliance isn’t necessary we
that compliance isn’t necessary we
that compliance isn’t necessary we absolutely need to document the law and
absolutely need to document the law and
absolutely need to document the law and hold every stakeholder accountable but
hold every stakeholder accountable but
hold every stakeholder accountable but what I’m here to say is that we need to
what I’m here to say is that we need to
what I’m here to say is that we need to change the conversation we need to stop
change the conversation we need to stop
change the conversation we need to stop talking about the word compliance and
talking about the word compliance and
talking about the word compliance and start talking about other words for
start talking about other words for
start talking about other words for example tools specifically when I’m
example tools specifically when I’m
example tools specifically when I’m talking about tools I’m talking about
talking about tools I’m talking about
talking about tools I’m talking about resources technology knowledge many of
resources technology knowledge many of
resources technology knowledge many of you have apps on your phone that use
you have apps on your phone that use
you have apps on your phone that use mobile technology and geolocation to
mobile technology and geolocation to
mobile technology and geolocation to deliver almost anything to your front
deliver almost anything to your front
deliver almost anything to your front door some of you have apps that tell you
door some of you have apps that tell you
door some of you have apps that tell you who you should marry a lot of a lot of
who you should marry a lot of a lot of
who you should marry a lot of a lot of people now have devices in their homes
people now have devices in their homes
people now have devices in their homes that use natural language processing and
that use natural language processing and
that use natural language processing and artificial intelligence to play your
artificial intelligence to play your
artificial intelligence to play your favorite music close your garage door
favorite music close your garage door
favorite music close your garage door regulate the temperature in your living
regulate the temperature in your living
regulate the temperature in your living room what if we applied that technology
room what if we applied that technology
room what if we applied that technology to special education what if we spent 90
to special education what if we spent 90
to special education what if we spent 90 million dollars on research and
million dollars on research and
million dollars on research and development to apply that kind of
development to apply that kind of
development to apply that kind of technology so that teachers could use
technology so that teachers could use
technology so that teachers could use artificial intelligence to finish those
artificial intelligence to finish those
artificial intelligence to finish those compliance documents so maybe they spent
compliance documents so maybe they spent
compliance documents so maybe they spent one hour a year writing I EPS and 69
one hour a year writing I EPS and 69
one hour a year writing I EPS and 69 hours nurturing the strengths of their
hours nurturing the strengths of their
hours nurturing the strengths of their students instead what if we used mobile
students instead what if we used mobile
students instead what if we used mobile technology to streamline communication
technology to streamline communication
technology to streamline communication and create transparency between
and create transparency between
and create transparency between districts and parents and families so
districts and parents and families so
districts and parents and families so that they could collaborate instead of
that they could collaborate instead of
that they could collaborate instead of arguing about the logistics or what is
arguing about the logistics or what is
arguing about the logistics or what is written in the individualized education
written in the individualized education
written in the individualized education plan what if we use technology to give
plan what if we use technology to give
plan what if we use technology to give teachers instant access to the insight
teachers instant access to the insight
teachers instant access to the insight and knowledge that is coming out of
and knowledge that is coming out of
and knowledge that is coming out of those amazing institutions when a child
those amazing institutions when a child
those amazing institutions when a child has dyslexia what if the IEP said you
has dyslexia what if the IEP said you
has dyslexia what if the IEP said you know what let’s assess your creative
know what let’s assess your creative
know what let’s assess your creative thinking skills or let’s assess your
thinking skills or let’s assess your
thinking skills or let’s assess your ability to strategically problem-solve
ability to strategically problem-solve
ability to strategically problem-solve or if a child is on the autism spectrum
or if a child is on the autism spectrum
or if a child is on the autism spectrum let’s take a look at their pattern
let’s take a look at their pattern
let’s take a look at their pattern recognition or their intense ability to
recognition or their intense ability to
recognition or their intense ability to visualize this story is a fable but I
visualize this story is a fable but I
visualize this story is a fable but I would like to share it because it’s
would like to share it because it’s
would like to share it because it’s sentiment is relevant to my point one
sentiment is relevant to my point one
sentiment is relevant to my point one day is a small child Thomas Edison came
day is a small child Thomas Edison came
day is a small child Thomas Edison came home from school and gave his mother a
home from school and gave his mother a
home from school and gave his mother a letter he said my teachers want you to
letter he said my teachers want you to
letter he said my teachers want you to read this his mother’s eyes welled with
read this his mother’s eyes welled with
read this his mother’s eyes welled with tears as she read the letter out loud to
tears as she read the letter out loud to
tears as she read the letter out loud to her son it said your son is the genius
her son it said your son is the genius
her son it said your son is the genius this school is too small for him as
this school is too small for him as
this school is too small for him as teachers aren’t good enough please teach
teachers aren’t good enough please teach
teachers aren’t good enough please teach him yourself many years later after
him yourself many years later after
him yourself many years later after Edison’s mother died he found that
Edison’s mother died he found that
Edison’s mother died he found that letter and he read it and it actually
letter and he read it and it actually
letter and he read it and it actually said your son is mentally deficient we
said your son is mentally deficient we
said your son is mentally deficient we cannot let him attend our school anymore
cannot let him attend our school anymore
cannot let him attend our school anymore he is expelled now
he is expelled now
he is expelled now Thomas Edison took that letter and he
Thomas Edison took that letter and he
Thomas Edison took that letter and he wrote an update at the bottom of it that
wrote an update at the bottom of it that
wrote an update at the bottom of it that said Thomas Edison was a mentally
said Thomas Edison was a mentally
said Thomas Edison was a mentally deficient child whose mother turned him
deficient child whose mother turned him
deficient child whose mother turned him into the genius of the century
into the genius of the century
into the genius of the century now this fable it makes me think of a
now this fable it makes me think of a
now this fable it makes me think of a lot of things a lot of different
lot of things a lot of different
lot of things a lot of different stakeholders particularly makes me think
stakeholders particularly makes me think
stakeholders particularly makes me think of teachers that spend tireless hours
of teachers that spend tireless hours
of teachers that spend tireless hours writing ie Peas and lesson planning and
writing ie Peas and lesson planning and
writing ie Peas and lesson planning and differentiated instruction it makes me
differentiated instruction it makes me
differentiated instruction it makes me think of districts who work tirelessly
think of districts who work tirelessly
think of districts who work tirelessly to stay in compliance but it mostly
to stay in compliance but it mostly
to stay in compliance but it mostly makes me think of students and the
makes me think of students and the
makes me think of students and the massive potential that is possibly lost
massive potential that is possibly lost
massive potential that is possibly lost in arguing over a piece of paper that
in arguing over a piece of paper that
in arguing over a piece of paper that documents a process we know it’s broken
documents a process we know it’s broken
documents a process we know it’s broken I spent 13 years analyzing this problem
I spent 13 years analyzing this problem
I spent 13 years analyzing this problem both in and out of the classroom my team
both in and out of the classroom my team
both in and out of the classroom my team and I work day in and day out with
and I work day in and day out with
and I work day in and day out with districts parents teachers and students
districts parents teachers and students
districts parents teachers and students and we’ve come to the fact that the
and we’ve come to the fact that the
and we’ve come to the fact that the first step is to recognize that
first step is to recognize that
first step is to recognize that compliance alone isn’t enough we really
compliance alone isn’t enough we really
compliance alone isn’t enough we really need to change the dialogue and start
need to change the dialogue and start
need to change the dialogue and start talking about new words like technology
talking about new words like technology
talking about new words like technology tools and resources we believe that if
tools and resources we believe that if
tools and resources we believe that if we start to talk about those other
we start to talk about those other
we start to talk about those other things that we can truly
things that we can truly
things that we can truly implement an individualized education
implement an individualized education
implement an individualized education plan for every child and carry out the
plan for every child and carry out the
plan for every child and carry out the best intentions of the law so that every
best intentions of the law so that every
best intentions of the law so that every child can reach its full potential which
child can reach its full potential which
child can reach its full potential which is what I believe makes education
is what I believe makes education
is what I believe makes education possible thank you
possible thank you
possible thank you [Applause]
”
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