Legal Support for Expanded Core Curriculum Assessment and Instruction

Updated as of September 7, 2024.

Scenario: School has said that FAPE (free appropriate public education) includes only the core academic curriculum and does not include instruction in the expanded core curriculum (ECC).

Additional scenario issues:

Need for before- or after-school instruction
Providing ECC instruction in the summer or during breaks
Enrollment in courses (or classes) at the Maryland School for the Blind (MSB)

Strategy: Know the Law That Governs ALL IEPs

Initial and Reevaluations

As an initial matter, the Individuals with Disabilities in Education Act (IDEA) requires that “Each local educational agency shall ensure that … the child is assessed in all areas of suspected disability” 20 USC §1414(b)(3)(B).

Additionally, the IDEA requires, that “In conducting the evaluation, the local educational agency shall … use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information, including information provided by the parent, that may assist in determining … the content of the child’s individualized education program, including information related to enabling the child to be involved in and progress in the general education curriculum, or, for preschool children, to participate in appropriate activities. 20 USC §1414(b)(2)(A)(ii). This inquiry is important to determine the second and third prongs of the eligibility determination: adverse educational impact and need for special education.

Thus, even in the initial evaluation for eligibility, the LEA must evaluate the ability of “the child to be involved in and progress in the general education curriculum.” All nine areas of the ECC are pertinent to this inquiry:

Assistive Technology

Even a mild visual impairment can adversely impact a child’s ability to efficiently, effectively, and sustainably participate and progress in the general education curriculum. Assistive technology covers many potential tools that would enable the child to do so.
Also, Assistive Technology is a “Special Consideration” which must be addressed in EVERY IEP, pursuant to 20 USC §1414(d)(3)(B)(v).
Thus, an Assistive Technology must be performed for ALL evaluations – both initial and reevaluations, and Assistive Technology assessments are appropriate for the development of all IEPs, regardless of the disability involved.

Compensatory Skills

This is a terribly unfortunate title of the skills involved. Instead, it should be renamed “Access Skills.”
Even a mild visual impairment can adversely impact a child’s ability to efficiently, effectively, and sustainably access curricular materials used in the general education curriculum.
This area addresses tools and/or instruction the student needs in order to ACCESS the general education curriculum. This area should be evaluated/assessed for all initial evaluations and reevaluations of children who are suspected to have (or have been found to have) the disability of “visual impairment, including blindness.”

Sensory Efficiency

Even a mild visual impairment can adversely impact a child’s ability to efficiently, effectively, and sustainably participate and progress in the general education curriculum.
Both general education and related services rely heavily on curricular materials, tools, and instructional techniques that require good vision and the ability to use vision in a typical manner.
Children who are suspected to have (or have been found to have) the disability of “visual impairment, including blindness” do not have good vision, the ability to use vision in a typical manner, or either.
Thus, given the very nature of our vision-centric schools, it is vital that we assess these children in terms of their current sensory efficiency and in their potential need for the development of skills to more efficiently utilize their senses.

Social Interaction Skills

Even a mild visual impairment can adversely impact a child’s ability to efficiently, effectively, and sustainably learn and engage in age-appropriate social interaction skills.
Social interaction skills are inextricably interwoven into the general education curriculum: from classroom behavioral expectations to group work/centers and beyond.
Experts in the field of blindness/visual impairment recognize that: “Almost all social skills are learned by visually observing other people. Instruction in social interaction skills in school, work, and recreational settings is crucial. Having appropriate social skills can often mean the difference between social isolation and a fulfilling life as an adult.” See What Is the Expanded Core Curriculum?
As a result of their disability, children who are suspected to have (or have been found to have) the disability of “visual impairment, including blindness” may need explicit instruction in social interaction information, such as awareness of body language, gestures, facial expressions, and personal space as well as explicit instruction in interpersonal relationships, self-control, and human sexuality.

Orientation and Mobility (O&M)

Even a mild visual impairment can adversely impact a child’s ability to efficiently, effectively, and sustainably learn and engage in age-appropriate social interaction skills.
Experts in the field of blindness/visual impairment recognize that: “O&M instruction enables students of all ages and motor abilities to be oriented to their surroundings and to move as independently and safely as possible.” See What Is the Expanded Core Curriculum?
As a result of their disability, children who are suspected to have (or have been found to have) the disability of “visual impairment, including blindness” may need explicit instruction in various aspects of O&M in order to access the general education curriculum and to prepare for post-secondary life.”

Career Education

Career education is embedded throughout the general education curriculum from Kindergarten through high school – through reading and writing, math problems, field trips, etc.
Even a mild visual impairment can adversely impact a child’s ability to fully understand jobs, job-related tasks, or other aspects of career education due to the student’s disability.
Experts in the field of blindness/visual impairment recognize that children with (or suspected to have) the disability of visual impairment, including blindness, need: “the opportunity to learn through hands-on experiences about jobs that they may not otherwise be aware of without the ability to observe people working. learn and engage in age-appropriate social interaction skills.” See What Is the Expanded Core Curriculum?

Independent Living Skills

Even a mild visual impairment can adversely impact a child’s ability to efficiently, effectively, and sustainably learn and engage in (or be provided the opportunity to learn and engage in) age-appropriate independent living skills.
Independent Living skills are inextricably interwoven into the general education curriculum: from age-based self-care expectations to age-based fine-motor and gross-motor expectations to the ability to engage in age-appropriate independent skills on field trips, and to engage in age-appropriate hands-on instruction (such as science labs) and elective classes, etc.
Experts in the field of blindness/visual impairment recognize that: “People with vision typically learn such daily routines [personal hygiene, eating skills, food preparation, time and money management, clothing care, and household tasks] through observation, whereas individuals with visual impairments often need systematic instruction and frequent practice in these daily tasks.” See What Is the Expanded Core Curriculum?
As a result of their disability, children who are suspected to have (or have been found to have) the disability of “visual impairment, including blindness” may need explicit and systematic instruction in independent living skills.

Recreation and Leisure

Even a mild visual impairment can adversely impact a child’s ability to efficiently, effectively, and sustainably learn and engage in (or be provided the opportunity to learn and engage in) age-appropriate recreation and leisure skills.
Recreation and Leisure skills are inextricably interwoven into the general education curriculum: from cooperative and competitive games from Kindergarten through secondary education to state-required physical education classes to extra-curricular opportunities and beyond.
Experts in the field of blindness/visual impairment recognize that: “Being unable to observe others reduces awareness of recreation and leisure options. Instruction in recreation and leisure skills will ensure that students with visual impairments will have opportunities to explore, experience, and choose physical and leisure-time activities, both organized and individual, that they enjoy.” See What Is the Expanded Core Curriculum?
As a result of their disability, children who are suspected to have (or have been found to have) the disability of “visual impairment, including blindness” may need explicit and ACCESSIBLE introduction to recreational and leisure options and instruction to enable them to engage in these activities.

Self-Determination

Even a mild visual impairment can adversely impact a child’s ability to efficiently, effectively, and sustainably engage in (and be provided the opportunity to engage in) age-appropriate self-determination skills.
Self-Determination skills are inextricably interwoven into the general education curriculum: from making lunch choices to choosing one’s seat in class to choosing from a list of acceptable project options to choosing curricular electives and extra-curricular activities.
Experts in the field of blindness/visual impairment recognize that: “Students with visual impairments often have fewer opportunities to develop and practice the specific skills that lead to self-determination. Students who know and value who they are and who have self-determination skills become effective advocates for themselves and therefore have more control over their lives.” See What Is the Expanded Core Curriculum?
As a result of their disability, children who are suspected to have (or have been found to have) the disability of “visual impairment, including blindness” may need explicit instruction in self-determination skills.

Conclusion for evaluations

Thus, based on both the IDEA and best practices in the field of education for students with (or suspected to have) the disability of “visual impairment, including blindness,” the local education agency has the duty to perform assessments in all areas of the ECC for all initial evaluations and reevaluations.

Instruction in ECC Areas

Once the student has been found to have the disability of “visual impairment, including blindness” [34 CFR §300.8(c)(13)], the next question is: Must the local education agency (LEA) provide INSTRUCTION in all areas of the ECC?

Development of the IEP

To answer this question, we must look at the LEA’s duties under federal law in developing the IEP. “In developing each child’s IEP, the IEP Team … shall consider … the academic, developmental, and functional needs of the child.” 20 USC §1414(d)(3)(A)(iv). Thus, it does not matter whether these needs are academic or developmental or functional – every one of these needs must be considered in the development of the IEP.

Further, federal regulations require that all IEPs include:

A statement of measurable annual goals, including academic and functional goals designed to … Meet the child’s needs that result from the child’s disability to enable the child to be involved in and make progress in the general education curriculum; and 34 CFR §300.320(a)(2)(A)
Meet each of the child’s other educational needs that result from the child’s disability 34 CFR §300.320(a)(2)(B).

Conclusion

As noted above, each of the ECC areas does impact the ability of a child with the disability of “visual impairment, including blindness” to participate and progress in the general education curriculum. Moreover, each of the ECC areas relate to developmental and functional skills. Federal law requires LEAs to evaluate, assess, and meet all of the needs of the child with a disability. Thus, regardless of an LEA’s characterization of a skill/need area, it has the duty to meet all of the academic, developmental, and functional needs of all students with IEPs.

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This unique project is being coordinated through The IMAGE Center of Maryland, a center for independent living in Towson, and it is funded by a grant from the Maryland Department of Education Division of Special Education/Early Intervention Services.