Dear Collegiate Member,

I hope your semester is going well!

This month’s feature article, by Dr. Darlene Fett, provides insight on ways to teach children with disabilities by being aware of the laws that pertain to disabled students. You will learn how you can adapt your classroom to best fit your needs. In this issue, you will also learn ways you can be an advocate for music education by participating in the petition drive, the World’s Largest Concert®, and Music in Our Schools Month®.

Remember, Professional Achievement Recognition applications are due by February 28th! Read more below or click here to download an application.

As always, if you have comments, questions, or would like to share your chapter’s activities or recruitment strategies with us for publication in a future issue, e-mail Shauna Leavitt. 
 

The Law and You—Teaching Children with Disabilities

Dr. Darlene Fett is Associate Professor of Music Education and Associate Chair of the Music Department at The University of South Dakota. She is a Past-President of the South Dakota Music Educators Association and faculty advisor to USD’s MENC Collegiate Chapter 343. Dr. Fett also holds secondary principal licensure in South Dakota and Iowa.

Students in today’s music classes come from a very diverse population. It is not uncommon to find members of several ethnic groups in a given class. In addition, there may also be several children with special needs in the group. While this is exciting from the perspective of being able to learn music and customs from each other, it can be somewhat overwhelming to a first-year teacher.

Recently while taking a special education law class, I recognized that, while most American teacher education programs include a course or two in special education, these classes do not address the laws pertaining to disabled individuals in any great depth. This article is an attempt to clarify some of the gray area regarding what a music teacher should know about the laws governing special education and his or her legal responsibilities when teaching students with special needs.

The Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1994 defined the term developmental disability as:

a severe, chronic disability of an individual five years of age or older that: (1) is attributable to a mental or physical impairment or combination of mental and physical impairments; (2) is manifested before the individual attains age 22; is likely to continue indefinitely; (4) results in substantial functional limitations in three or more of the following areas of major life activity: self-care, receptive and expression language, learning, mobility, self-direction, capacity for independent living; economic self- sufficiency; and (5) reflects the individual’s need for a combination and sequence of special, interdisciplinary, or generic services, supports, or other assistance that is of lifelong or extended duration and is individually planned and coordinated, except that such term, when applied to infants and young children means individuals from birth to age 5, inclusive, who have substantial developmental delay or specific congenital or acquired conditions with a high probability of resulting in developmental disabilities if services are not provided. [Public Law 103-230 (42 USC 6001)]

Laws are generally written to protect people’s rights. This also is true in the case of the laws pertaining to individuals with disabilities. Before 1965, there were no definitive laws written to protect the rights of students who were disadvantaged. One of the first laws to address this problem was the Elementary and Secondary Education Act of 1965. Its purpose was to try to combat the high poverty rate that existed in the United States at that time. The passing of this legislation marked the first time that the federal government provided funding to support the education of disadvantaged students. Among the groups identified for assistance under this law were students who were deaf, blind, and/or had cognitive impairments. The ESEA legislation became a predecessor for later laws providing direct federal aid for disabled students.

Another important piece of legislation affecting individuals with special needs was Section 504 of the Vocational Rehabilitation Act (1973). Also known as P.L. 93-112, Section 504 of the VRA was the first federal law to protect the civil rights of disabled individuals. It defined a handicapped individual as “any person who has a physical or mental impairment that substantially limits one or more of that person’s major life activities” (Yell, 70). This definition also included people who had a record of impairments or were seen as having impairments. The Vocational Rehabilitation Act was the first law to declare that any agency receiving federal funding could not discriminate against anyone with a disability. This act only guaranteed rights to a person with disabilities. It did not provide federal funding for accommodating the individual.

The landmark Education for All Handicapped Children Act of 1975 (PL 94-142) provided the foundation for all subsequent legislation pertaining to individuals with disabilities. Prior to EAHCA, the educational needs of disabled children were not being met in the public schools. Children with disabilities often were kept at home or at least away from the public school settings. Often, disabled children who attended public schools did not receive the education or training that was appropriate for their disability. Another problem was the lack of identification and diagnosis of disabilities. If children with disabilities weren’t identified, they could not be taught appropriately to meet their special needs. Finally, many of the state and local public school agencies did not have enough funding or adequate resources to provide appropriate accommodations for children with special needs. Consequently, families of disabled children were forced to look elsewhere for help, including private agencies or facilities. Passage of the Education for All Handicapped Children Act guaranteed a “free appropriate public education for all qualified students with disabilities between the ages of 3 and 18” (Yell, 71).

The most recent legislation concerning to special needs students includes the Individuals with Disabilities Education Act (1990), the Americans with Disabilities Act (ADA), and the Individuals with Disabilities Education Improvement Act (2004). The goal of IDEA (1990) was to insure that individuals with disabilities received a high-quality education. IDEA actually took the mandates of the Education for All Handicapped Children Act a step further by including a free appropriate public school education that emphasized special education and related services tailored to meet the unique needs of the child and prepare him or her for further education, employment, and independent living (Yell, 87). The protection of the disabled child’s and his or her parents’ rights was also guaranteed by this legislation. The Individuals with Disabilities Education Act also provided monetary assistance to states, educational service agencies, and as federal and local agencies to further the education of all children with disabilities.

One of the key outcomes of the IDEA legislation was the requirement for inclusion of a transition plan in a sixteen-year-old high school student’s individualized education plan (IEP) to help him or her transition from the classroom into living and working in the community. Another element of IDEA provided funding to colleges and universities to develop training programs for teachers of special needs children.

The Americans with Disabilities Act (ADA) granted “protection for persons with disabilities against discrimination in both the private and public sectors” (Yell, 155). This legislation clarified and reinforced the ideas set forth in Section 504 of the Vocational Rehabilitation Act (1973). The law implies that people with disabilities have legal rights that must be protected and granted to these individuals.

The Individuals with Disabilities Education Improvement Act (PL 108-446) reinforced the ideas of the Education for All Handicapped Children Act of 1975 (PL 94-142). This legislation brought about changes in terminology from identifying a person as a handicapped individual to a person with a disability. Additionally, it set forth major changes in identifying students with learning disabilities. It set forth more specific requirements for a student’s Individual Education Plan (IEP). The Act also established guidelines for the disciplining of children with special needs and disabilities. PL 108-446 was to give greater emphasis to the accountability aspects of the No Child Left Behind law. Today, it is mandated that all classroom teachers of children with disabilities be highly qualified and certified in special education.

How do these laws affect music teachers?

As a music teacher, it is important to know what rights are guaranteed to students with disabilities. As previously stated, these students have the right to a free public education in the least restrictive environment. This means that disabled students have the right to be educated in a regular public school classroom with any necessary special services provided by the school at no cost to the students or their families. Students with disabilities also have the right to be educated with their peers. Once a student has been identified, evaluated, and determined to qualify for special assistance, he or she will be placed in a regular classroom setting if appropriate. If this is not feasible, then attempts will be made to mainstream or include the student in as many situations with their peers as is possible.

All students with disabilities have the right to participate in all school activities, both curricular and extracurricular. Classes such as music and art, special field trips, or special school events fulfill this requirement. If the child is placed in a regular music class, the music teacher is legally obligated to provide accommodations and adaptations appropriate for the student.

School districts are required by law to identify, locate, and evaluate any child within the district who is in need of special education and/or related services. Music teachers, as employees of their school districts, have a responsibility to report any student in their classes or ensembles for possible evaluation if they suspect that the child may be in need of special assistance. Students may be referred for a number of reasons. If a child consistently demonstrates unusual or serious problem behaviors in the classroom, he or she can be referred. Any student that is suspected of possible drug use can also be referred. Students who consistently demonstrate poor judgment or irresponsible behaviors can be referred for evaluation, as well.

Once a child has been referred, his or her parents must be notified of the referral by the school district. Parents or legal guardians must give consent before a student can be evaluated by the school’s appropriate personnel. Following evaluation and if the child is determined to qualify for special assistance, an Individualized Educational Plan (IEP) is created. To begin this process, an IEP team is formed within thirty calendar days following the evaluation. The team usually comprises individuals from a variety of backgrounds, including parents and occasionally the student depending on the circumstances, classroom teachers, special education teachers, psychologists, and others who can best help plan the student’s education. Once the IEP is drafted, a copy is presented to the parents for approval or corrections. Parental consent is necessary before the plan can be implemented. If a music teacher is part of the IEP team, he or she has the obligation to attend all meetings regarding the student’s educational progress, unless previously excused. This includes all meetings in various formats such as conference calls, videoconferences, and face-to-face meetings.

Unfortunately, music teachers are often omitted from the IEP process. If that is the case, the music teacher should make a real effort to find out what the child’s needs are and then determine how best the music class or ensemble can be adapted to accommodate the student. Since the student’s IEP is reviewed annually and he or she must be reevaluated every three years, it’s important that music teachers check regularly for any changes that have been made to learning goals and objectives. Knowing the student’s IEP goals and objectives can help the teacher when adjusting his or her lesson plans or teaching to accommodate the student.

Classroom management when a student with special needs is part of the music class can be a concern for an inexperienced music teacher. Like all students, special needs students are expected to display appropriate behaviors in and out of the classroom, as well as follow all rules of conduct as set forth by the school district. One resource that can be helpful if you are unsure how to handle a discipline situation is the student’s IEP. Often it will contain behavior expectations and even offer an IEP-team-created intervention plan for teachers to use to help the student meet their goals. Another excellent resource is to talk to the special education teacher and/or other general classroom teachers who have the student in class. Getting their perspectives on how they handle certain situations can be helpful in creating your discipline plan. Remember, though, that what worked in one situation might not work every time. That is why it is always good to have several well-thought out ideas in mind to try if one tactic isn’t successful at stopping the misbehavior. Your principal can be another good resource for offering strategies for managing special needs students’ behaviors in your classroom.

While having a plan in mind for addressing problems that may arise in the classroom is certainly important, it is equally important to create a classroom environment that fosters good student behaviors. How you arrange seating for your students, establishing guidelines for using classroom instruments and textbooks, and planning instruction that keeps the students actively engaged in music making and learning can contribute to a positive environment with less behavior problems. However, should a child with special needs choose to break the classroom rules and disrupt student learning, the teacher has several options to implement. First, document the situation in as much detail as possible, along with the date and time of the misbehavior. This also includes documenting what you did to rectify the problem and/or deal with the disruptive student. If the problem is serious in nature, the child’s parents need to be informed of the occurrence and what you did to correct the misbehavior.

Classroom Adaptations

Music teachers have a number of possibilities available when it comes to modifying their classroom to accommodate special learners and their needs. Some of these are very easy to implement and are relatively inexpensive. Here is a list of some simple adaptations that can be done to help children with special needs achieve success in your classroom:
 

• Adjust the seating arrangement of students in the classroom. Placing students who have hearing difficulties toward the front of the room will enable them to see and hear the teacher.
• Reduce distractions if possible by closing blinds/shades or closing windows. This is particularly beneficial for children with attention deficit disorder. Removing distractions allows these individuals to better focus on the task at hand.
• Allow more time for completing assignments and tests. Some students naturally take longer than others to process information and to complete their work.
• Adjust the length of assignments. This is an easy adaptation for the student that struggles with staying on-task for a long period of time. Giving him or her a shorter assignment that achieves the same goal as a longer class assignment is one way to help the child learn important information while eliminating things that are not so crucial to understanding the concepts being taught.
• Modify the pace of your presentations, and use audiovisual aids whenever possible.
• Use visual aids and verbal cues when teaching. Visual aids and verbal cues are essential tools to provide assistance for those students who are more visually-oriented learners.
• Highlight important words, phrases, and ideas in textbooks and worksheets. Another easy adaptation to reinforce important concepts that you are teaching is to create a “textbook” for the learning-impaired child by cutting important information out of the regular textbook and pasting or taping it into a spiral-bound notebook. This allows the student to read only the information that is most essential to know.
• Tape-recording lectures and providing the special needs students with outlines or study guides of the material you are teaching are other adaptations that can help special needs students achieve success in your classroom.
• Giving alternative tests, such as oral or tape-recorded, can allow you to easily determine if the special needs student is understanding the material being taught.
• Allow use of laptop computers, Palm Pilots, Braille readers, so forth. Enlarge reading material when possible. This is an easy adaptation for students who are dyslexic or who have visual impairments. The larger print is much easier for these individuals to read.
• Provide human readers for students who have difficulty reading or who have visual impairments. Often hearing the text as it is read is much easier to comprehend that struggling to read every word. As a result, the material is easier to understand for these individuals.

In addition to basic teaching adaptations, there are abundant resources that contain useful ideas for teaching musical concepts to special needs individuals. Here are a few that music teachers may find helpful:

American Music Therapy Association, Inc. http://www.musictherapy.org/
Atterbury, B.W. (1990). Mainstreaming exceptional learners in music. Englewood Cliffs, NJ: 
     Prentice Hall.
Council for Exceptional Children. Music for Students with Disabilities. (January 2002).
     http://ericec.org/faq/music.html
Farnin, L.A. and Johnson, F.L. Everyone Can Participate: Adapting Music Experiences for
     Students with Special Needs. http://music.utsa.edu/tdml/conf-II/II-Farnan&Johnson.html
MTGIC: Music therapy for people with special needs. 
     http://www.mtgic.org/
The Music Therapy Gateway in Communications Organization. www.mtgic.org
http://www.specialeducationalneeds.com/InclusiveCurricula/Mu.htm
http://members.tripod.com/stellargeller/id22.htm
http://www.newhorizons.org/spneeds/inclusion/information/front_general.html
Perry, T.M. Music Lessons for Children with Special Needs. ISBN – 10: 1-85302-295-0 http://www.jkp.com/catalogue/book.php?isbn=1-85302-295-0
Prelude Music Therapy. http://home.att.net/~preludetherapy/related.html
Slamnet “Music” Special Needs Ideas. http://www.school-portal.co.uk/GroupHomepage.asp?GroupID=309838
http://www.ccsesaarts.org/content/arts_special_needs.asp
The University of South Dakota School of Medicine & Health Sciences Center for Disabilities. 
     Developmental Disabilities Handbook. http://www.usd.edu/medical-school/center-for-disabilities/developmental-disabilities-handbook.cfm
Yell, M. (2006). The law and special education. Upper Saddle River, NJ: Prentice-Hall.
Zinar, R. (1987). Music activities for special children. West Nyack, NY: Parker Publishing
     Company, Inc.

Advocacy

MENC Advocacy Brochure Series

MENC’s “The Power of Music ... Changing Lives,” music education advocacy brochure series is now available in black and white online. This series of four advocacy brochures is designed for distribution to parents, school board members, elementary school principals and secondary school principals, to give those audiences “the why and the how” of supporting school music education. The entire brochure series, in color and black and white, is available for download in PDF form. Color print copies are available for purchase at the MENC store, or call 800-828-0229.

Get Ready for Music In Our Schools Month!

Music In Our Schools Month (MIOSM) is the time of year when music education becomes the focus of schools across the nation. MIOSM began as a single statewide celebration in 1973, and has grown over the decades to become a month-long celebration of school music. The purpose of MIOSM is to raise awareness of the importance of music education for all children and to remind citizens that school is where all children should have access to music. To celebrate MIOSM, participate in the World's Largest Concert.

Participate in the World’s Largest Concert

Make your campus a part of the World’s Largest Concert (WLC), an event that has been the highlight of Music In Our Schools Month (MIOSM) since 1985. The WLC is a sing-along concert that links students around the world through music. It reaches about 6 million students, teachers, and music supporters.

The 2009 WLC will take place on Thursday, March 12, 2009, at 1 PM Eastern Time. The theme, “Music! Just Imagine …” corresponds with the 2009 MIOSM.

A teacher’s guide is now online featuring free lesson plans and sheet music for this year’s program. Visit www.menc.org/wlc to learn more, and download the lesson plans.  Learn more about MIOSM and check out all of the 2009 awareness items by visiting our Web site.  Order your 2009 World’s Largest Concert DVD online or call 1-800-828-0229.

Member Benefit Spotlight

Weekly article- each week a short article is posted on the Future Teacher section of the MENC’s Web site. These articles discuss topics of special concern to future educators, such as job search tips, student teaching suggestions, and help with classroom issues such as discipline. To read current and past articles, click here.

Scholarships, Competition and Recognitions

Academy offers Scholarships

LA Music Academy, fully accredited by the National Association of Schools of Music, has announced scholarships available for its vocal, drum, bass and guitar departments, according to the school’s president, Tom Aylesbury. Interested domestic and international students demonstrating exceptional musical talent, ability and enthusiasm can apply now for the 2009-2010 school year. Applicants are evaluated based on their essays, academic history, playing skills and letters of recommendation. Last year, LA Music Academy awarded more than $100,000 in scholarships.

Professional Achievement Recognition

Postmark Deadline: February 28, 2009
The MENC Collegiate Professional Achievement Recognition recognizes Collegiate members for their commitment and dedication to MENC and music education. This recognition is given to members who have served their Collegiate chapters in an exemplary manner. Selected students will receive a Certificate of Achievement and a specially designed lapel pin. Each senior nominee will be considered for a $500 grant from the Caitlin Merie Hurrey Memorial Scholarship. For each eligible Collegiate member, chapter advisors should send a completed Professional Achievement application and a description of the eligible member's participation and involvement in chapter-related activities to MENC.

Composition Competition

Call for Wind Ensemble Entries

In an effort to broaden the repertoire for flute concertos with wind ensemble accompaniment, Falls House Press will host a composition competition for 2009. The music must be an original composition for solo flute and wind ensemble. All entries must be received by July 1, 2009. The judges will inform the winner by September 1, 2009. The winner's composition will be published by Falls House Press. Falls House Press reserves the right to not choose a winner if the judges determine that no composition meets its standards.

Current News and Announcements

February Member Special:

March is just around the corner. Music In Our Schools Month (MIOSM) 2009 will be here before you know it! The February MENC Member Monthly Special features the colorful MIOSM banner. You will want to place plenty of these eye-catching banners around your school and community. In February only, MENC members can purchase MIOSM banners for only $1.50 – half off the regular price!

This special is not available at state conference resource shops. Call 1-800-828-0229, or visit the online store to order.

Poll of the Month

Each month, MENC asks its members for their input on current issues and trends in music education. This month’s question is “In general, where, when and how do you prepare and plan the majority of your classroom curriculum and performance materials?” Visit http://www.menc.org/connect/poll to check all that apply.

Collegiate Facebook Groups

• Stay connected with other MENC Collegiate members around the world by joining MENC’s Collegiate Facebook group. To join, simply visit www.facebook.com and search “MENC Collegiate Headquarters.”
• Join “Change Music Education … for the Better” Facebook group and link with other supporters as we present our petition to the Department of Education in Washington, DC. Visit www.facebook.com and search “Change Music Education … for the Better.”

New Multicultural Music Book

Indian Music for the Classroom by Natalie Sarrizin is now available. MENC members receive a 25% discount off the list price of $34.95.

“A comprehensive and accessible textbook on various genres of Indian music—classical, folk, film, and popular—an excellent resource for music educators. Sarrazin brings a depth of insider knowledge to her work based on her research and performance of the music and immersion in the culture.”—Marie McCarthy, professor and chair of music education, University of Michigan.

Natalie Sarrazin holds a Ph.D. in Ethnomusicology and a master’s degree in music education. She is currently assistant professor of music in the Arts for Children program, an interdisciplinary arts program at The College at Brockport, State University of New York.

Conn-Selmer Institute

An event for all present and future music educators

The Conn-Selmer Institute is an annual event for music educators to explore what it means to teach music, collaborate with other educators, and have fun. Don't miss this year's event in June 2009!  Visit www.csinstitute.org to learn more and register. Here's what Paula Crider, professor emeritus, University of Texas, has to say about the event:

"All teachers and music education majors need an occasional shot in the arm to provide innovative means by which to approach the challenges that face us all as music educators. For those who seek knowledge, motivation, pedagogical techniques or who simply wish to enjoy the camaraderie of intelligent and inquisitive musicians on a beautiful University campus, CSI is singularly one of the most inspiring and energizing events offered to music educators. I never fail to come away from CSI with a renewed faith in the dedication of our nation's teachers and in their power to change the world through music."

“Ask the Mentors” Forum

Do you have music education questions? MENC’s mentors have the answers! Each month from September to May, the “Ask the Mentors” forum features a different mentor for band, orchestra, chorus, general music, jazz, and mariachi. The mentors are veteran teachers who offer advice in response to your teaching questions. Visit the Future Teachers Forum to post questions and read responses. Visit MENC Mentors for this month’s mentor bios, and MENC Forums to post questions and read responses.

Month of February

Band – Anthony Amitrano
General Music – Nancy Parent
Chorus – Carol Purcell
Orchestra – Geoff Neumann
Mariachi – Katherine "Kitty" Lopez
Jazz – Alan Shapiro
Guitar – Suzanne Shull

 --Shauna Leavitt, January 6, 2009, ©MENC: The National Association of Music Education