What is Special Education?
Special education means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability… Specially designed instruction means adapting, as appropriate to the needs of an eligible child under this part, the content, methodology, or delivery of instruction—
(i) To address the unique needs of the child that result from the child’s disability; and
(ii) To ensure access of the child to the general curriculum, so that the child can meet the educational standards within the jurisdiction of the public agency that apply to all children.
Notice that specially designed instruction addresses the unique needs of the child to ensure access to the general curriculum.
Who can provide specially designed instruction?
The SEA must establish and maintain qualifications to ensure that personnel necessary to carry out the purposes of this part are appropriately and adequately prepared and trained, including that those personnel have the content knowledge and skills to serve children with disabilities.
This could be one person who has content knowledge AND skills to service children with disabilities. This may also be two educators working collaboratively: one with content knowledge and the other with the knowledge and skills to service children with disabilities. \
New guidance document from US Department of Education (January 16, 2025)
Who can provide specially designed instruction?
Ultimately the answer needs to be based on the individual needs of a student, but IDEA does not limit who can provide specially designed instruction. For example, a math teacher could provide specially designed instruction for a child with a disability based on the child’s IEP by:
Allowing students to think aloud and talk through the problem-solving process;
Sharing a written list of steps needed to solve a math concept; or
Creating visual flow charts for the problem-solving process.
Can general education instruction and services provided to all students through a Title I schoolwide plan or MTSS interventions be considered specially designed instruction?
Yes, the Office of Special Education Programs (OSEP) has previously stated in a policy letter that if special education is also considered a “best teaching practice” or “part of the district’s regular education program” it does not preclude those services from meeting the definition of “special education” or “related services” and being included in the child’s IEP. The LEA must provide a child with a disability specially designed instruction that addresses the unique needs of the child that result from the child’s disability and ensures access by the child to the general curriculum, even if that type of instruction is being provided to other children, with or without disabilities, in the child’s classroom, grade, or building.
What about resource? Are we no longer allowed to have resource?
(a) Each public agency must ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services.
(b) The continuum required in paragraph (a) of this section must—
(1) Include the alternative placements listed in the definition of special education under §300.39 (instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions); and
(2) Make provision for supplementary services (such as resource room or itinerant instruction) to be provided in conjunction with regular class placement.
Resource services must be provided if a student requires those; however, IDEA is clear that resource should be a supplemental service provided in conjunction with regular class placement.
Is a special educator required to be in the room when specially designed instruction is occurring?
Content of the IEP (Sec. 300.320 (a) (4))
A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided to enable the child—
(i) To advance appropriately toward attaining the annual goals;
(ii) To be involved in and make progress in the general education curriculum in accordance with paragraph (a)(1) of this section, and to participate in extracurricular and other nonacademic activities...
The special educator may provide services on behalf of the child. In this case, the special educator could work with the general educator prior to instruction to make sure the student's needs are met. The special educator would not have to be in the room with the student. Please note that this type of service will not meet the needs of all students who are IEP-eligible.