Foundations of Secondary Education: EDSS 3900 Reading Assignment 7 An Introduction to Special Education in Secondary Schools This reading contains excerpts and modified excerpts from: Background The Legislative and Litigation History of Special Education by Edwin Martin, Reed Martin, and Donna L. Terman. There has been discrimination against persons with physical and mental disabilities across cultures for thousands of years. On virtually every continent there are records of isolation, exclusion, and poor treatment of persons with disabilities. Through much of the history of public schooling in America, services to children with disabilities were minimal and were provided at the discretion of local school districts. Until the 1970s, laws in most states allowed school districts to refuse to enroll any student that they considered uneducable, a term generally defined by local school administrators/officials. Some children with disabilities were admitted to public schools, but were placed in general education with no support services. Others were served in special programs in public schools, though the support services provided to them were often inadequate. Section 504 of the Rehabilitation Act The federal Rehabilitation Act of 1973 served to increase the rights of people with disabilities by prohibiting discrimination by those entities receiving federal funds. Section 504 of the Rehabilitation Act of 1973 provided that any entity receiving federal funding (including public schools) must not discriminate against people with disabilities. This has served as important federal civil rights legislation in the fight against the discrimination of people with disabilities including students in school and educational settings. While Section 504 of the Rehabilitation Act of 1973 primarily dealt with preventing discrimination, many educators felt that there was much more that could be done to maximize the educational experience for elementary and secondary students. This led to more comprehensive legislation being passed to better serve students with special needs in public schools. The Education for All Handicapped Children Act Despite the efforts to prohibit discrimination, advocates for children with disabilities did not feel that enough was being done to properly serve students. In 1975, Congress passed the Education for All Handicapped Children Act, which required that all students with disabilities receive a Free Appropriate Public Education (FAPE). This act offered more comprehensive protections and rights for students with disabilities (and their families) in school settings. The Education for All Handicapped Children Act was signed into federal law by President Gerald Ford. This law was specifically aimed at increasing access, protections, and rights for children with disabilities in educational settings. Although this federal legislation passed by an overwhelming majority, the law was not without its critics. Some felt the bill would be too expensive, would interfere with state and local responsibilities, and would upset the balance of relationships between parents and local schools. However, the Education for All Handicapped Children Act provided important provisions to safeguard the rights of children with disabilities in educational/school settings.
The Individuals with Disabilities Education Act Over time, amendments were made to the Education for All Handicapped Children Act in order to strengthen the safeguards and protections for students with disabilities. The title of the law was also changed and in 1990 it became widely known as the Individuals with Disabilities Education Act (IDEA). IDEA has been a central federal special education law providing protections, safeguards, and rights to children with disabilities (and their families) in primary and secondary educational/school settings. Provisions of IDEA require that schools implement certain procedures pertaining to special education services such as putting in place a system of child find to locate all students with disabilities; performing evaluations to determine the effect of the disability on educational performance; conducting annual meetings to produce individualized education programs for students receiving special education services, and ensuring that the educational program for a student was carried out in the least restrictive environment. As a note, many of the specific decisions about curricula, the format of the IEP documentation, and other instructional matters have been typically determined by local/state authorities. Significant Provisions - The Individuals with Disabilities Education Act (IDEA) Eligibility for Services According to IDEA, a child suspected of having a disability has the right to be evaluated to determine his/her eligibility for receiving special education services. The child must be evaluated before school personnel can begin special programming, and the parents are entitled to be involved in the evaluation process. The child must be evaluated in all areas related to the suspected disability. When a parent disagrees with the school s evaluation, the parent may procure an independent evaluation, which the school must consider in programming decisions. If a child is found to be eligible for special education, he/she is entitled to appropriate services. Free Appropriate Public Education Students eligible for special education services are entitled to a Free Appropriate Public Education (FAPE) based on their needs. Based on FAPE, it is the responsibility of public schools to provide appropriate accommodations, modifications, and/or services for students who are eligible for special education at no cost to families. However, interpreting this standard has proven to be difficult because of the diversity of the special education population. While the issue of an appropriate education has been widely debated and at times left in the hands of courts, there are some general guidelines pertaining to this provision. In general, the standard for judging appropriateness is whether the child s educational program (1) relates to the child s learning capacity, (2) is specially designed for the child s unique needs and not merely what is offered to others, and (3) is reasonably calculated to confer educational benefit. Issues continue to arise about the term appropriate in cases involving the right to a Free Appropriate Public Education. It should be noted, that parents have the right to appeal a school s decision about the appropriateness of the education being provided to a child. Individualized Education Program (IEP) An Individualized Education Program (IEP) is a formal and legal document that includes information about a student who is eligible for special education services as well as the individualized services and support that will be provided to ensure that an appropriate education is being received. An IEP lays out the school s goals for the child and services to be provided,
including the extent to which the child will participate in general educational programs/classes. At each meeting about a child s IEP, the school district must ensure that the parents of the child are afforded the opportunity to participate, including advance notification, scheduling the meeting at a mutually agreeable time and place, and providing an interpreter if needed. Parental Involvement The IDEA provides many specific procedural protections for the parents of children with disabilities. These include notice to parents of proposed actions, attendance at meetings concerning the child (i.e. an IEP meeting), and the right to appeal school decisions to an impartial hearing officer. The IDEA s procedures are designed to encourage parents and school districts to work together in creating an appropriate educational program for a child with a disability. Ideally, there will be agreement between parents and schools about appropriate placement and services for individual children. Where there is not agreement, the IDEA spells out strong due process rights to ensure parental input in the process. Least Restrictive Environment Based on IDEA, a student with a disability should be educated in the least restrictive environment to the greatest extent that it is appropriate. Receiving an education that involves taking general education classes along with grade- level peers at a school is considered a less restrictive environment as compared to an alternative placement outside of general education classes. The IDEA requires that an IEP Team consider the adaptations that can be made in a general classroom before determining the child should be educated in a more restrictive placement outside of general education classes. In many cases, general education teachers can make adaptations to help students achieve success in classes. However, in some instances, appropriate support services may be most effectively utilized in separate classes or a different educational setting. In a court ruling pertaining to the Least Restrictive Environment, it was stated that The [IDEA] and its regulations do not contemplate an all- or- nothing educational system in which children with disabilities attend either general or special education. Rather, the Act and its regulations require schools to offer a continuum of services. Thus, in secondary schools, students eligible to receive special education services can spend part of a school day in general education classes, while also receiving specialized instruction/assistance during other class periods within a school day. Related Services Under the IDEA, schools must provide the related services needed for the child to benefit from his or her schooling. Related services can include developmental and other supportive services that are needed to help a child benefit from special education, including physical therapy, occupational therapy, speech therapy, psychological services, and health services. Related services can also include transportation services as well as other services that will help a student benefit from his/her education. Recent Legislative Changes -Source: The information included above comes from excerpts and modified excerpts from The Legislative and Litigation History of Special Education. Amendments made to IDEA in 1997 were designed to further strengthen the protections, rights, and services provided for students who are eligible for special education services. Amendments
to IDEA in 1997 included provisions such as: Extending the use of assistive technology devices and services "to maximize accessibility for students (Wrights Law, 2010). Specifically including orientation and mobility services for children who are blind or who have visual impairments, as well as for other children who may also need assistance in traveling around a school or to and from a school (American Federation for the Blind, 2013). Extending the Least Restrictive Environment (LRE) to ensure that students would have access to the general curriculum to the maximum extent that it was possible/appropriate (Assistive Technology Project, 2005). There were additional changes/amendments made to IDEA in 2004, which included provisions relating to early and proactive intervention services as well as alternative methods for becoming eligible to receive special education support (Wrights Law, 2005). Information about Mainstreaming One important term involved with special education is known as mainstreaming. At the secondary level, mainstreaming refers to the placement of a student, who is eligible for special education services, in one or more general education classes (Wisconsin Education Association Council). Students who are mainstreamed participate in general education classes, but they can still receive special education support. For example, in a high school setting, a student with a special need who is mainstreamed in general education classes may also have a specified period during the school day in which he/she works with a special education teacher to receive assistance with the general education curriculum. Additionally, a student may be mainstreamed in certain subject area classes, while receiving specialized instruction in other subject areas. One model of inclusive education that some schools have implemented involves the collaboration of a general education teacher and a special education teacher within one classroom. This is often referred to as a co- teaching inclusion model. In this model, the general education teacher and the special education teacher work together to provide instruction that meets the needs of a diverse population of students. The knowledge and strengths of both teachers can serve to benefit all students in the class. Additionally, the teachers work to ensure that the needs of all students are being met. Concluding Notes According to the National Dissemination Center for Children with Disabilities, the Individuals with Disabilities Education Act (IDEA) includes 14 categories under which students may be eligible for special education services. To view the categories along with general overviews, please see the table in Appendix A of this reading. Overall, providing support for students with disabilities is an extremely important. Teachers can make a significant impact in helping students to successfully access the course material and to effectively demonstrate their knowledge on educational assessments. Teachers can also play an integral role in meeting the emotional needs of all students by developing a classroom environment that promotes acceptance and support.
Appendix A Categories Under IDEA According to the National Dissemination Center for Children with Disabilities, the Individuals with Disabilities Education Act (IDEA) includes 14 categories under which students may be eligible for special education services. The table below includes information about the categories. Important note: the descriptions included in the table are based on the National Dissemination Center for Children with Disabilities. The descriptions should be considered as general overviews as opposed comprehensive explanations. Category Alternative Term(s) Brief Description Traumatic Brain Injury (TBI) Orthopedic Impairment (0I) Hearing Impairment Specific Learning Disability (LD) Speech or Language Disability Physical disability Learning disability Communication disorder (CD) An acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child s educational performance. The term applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech. A significant physical limitation that impairs the ability to move or complete motor activities that adversely affects a child s educational performance. An impact on hearing, whether permanent or fluctuating, that adversely affects a child s educational performance but is not included under the definition of deafness. Impacting one or more of the processes involved in understanding or in using language, spoken or written, that may manifest itself in having difficulty with listening, thinking, speaking, reading, writing, spelling, or doing mathematical calculations. The term includes such conditions as perceptual disabilities, dyslexia, and developmental aphasia. A communication issue such as stuttering, difficulty with articulation, a language or voice impairment that adversely affects a child s educational performance. Intellectual Disability Cognitive impairment Significantly below average general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, that adversely affects a child s educational performance. Emotional Disturbance (ED) Deafness Visual Impairment, including blindness Deaf-Blindness Autism Behavior disorder (BD). Low vision, blind Autism spectrum disorder (ASD) Significant problems in the social-emotional area to a degree that learning is negatively affected. Impacting the processing of linguistic information through hearing, with or without amplification, that adversely affects a child s educational performance. An issue with vision that, even with correction, adversely affects a child s educational performance. The term includes both partial sight and blindness. Concomitant [simultaneous] loss of hearing and vision capacities, the combination of which causes such severe communication and other developmental and educational needs that cannot be accommodated in special education programs solely for children with deafness or for children with blindness. Significantly issues with verbal as well as nonverbal communication and social interactions, generally evident before age three, that adversely affects a child s educational
Category Alternative Term(s) Brief Description Other Health Impairment (OHI) Multiple Disabilities Developmental Delay (DD) performance. Other characteristics that can be associated with autism include engaging in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. Having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that (a) is due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette syndrome; and (b) adversely affects a child s educational performance. The concomitant [simultaneous] impairments (such as intellectual disability-blindness, intellectual disability-orthopedic impairment, etc.), the combination of which causes such severe educational needs that they cannot be accommodated in a special education program solely for one disability. The term does not include deafblindness. For children from birth to age three (under IDEA Part C) and children from ages three through nine (under IDEA Part B), the term developmental delay, as defined by each State, means a delay in one or more of the following areas: physical development; cognitive development; communication; social or emotional development; or adaptive [behavioral] development. Sources: The National Dissemination Center for Children with Disabilities Students With Special Needs: A Practical Guide for Classroom Teachers
References American Federation for the Blind (2013). IDEA97: Important Changes for Students Who Are Blind or Visually Impaired. Retrieved January,2012 from the Website: http://www.afb.org/info/public-policy-archive/education-issues-archive/idea-amendments-of-1997/235 Assistive Technology Training Online Project (2005). Special Education Laws. Retrieved July, 2011 from the Assistive Technology Training Online Project website: http://atto.buffalo.edu/registered/atbasics/foundation/laws/specialed.php#eha1 Friend M. & Bursuck, W.D (2009). Students With Special Needs: A Practical Guide for Classroom Teachers (5th Edition). : Allyn and Bacon. Friend M. & Bursuck, W.D (2009). IDEA Disability Categories. Retrieved July 2011 from Pearson Allyn Bacon Prentice Hall, Website: http://www.education.com/reference/article/idea-disabilities-categories/ Martin, E.W., Martin R. & Termin. D (1996). The Legislative and Litigation History of Special Education. The Future of Children: Special Education for Children with Disabilities 6(1), 25-39. National Dissemination Center for Children with Disabilities (2012). Categories of Disability Under IDEA. Retrieved January 2012 from the website: http://nichcy.org/disability/categories National Education Association (2010). NEA Reviews of the Research on Best Practices in Education. Retrieved July 2011 from the NEA website: http://www.nea.org/tools/16899.htm State of New Jersey Department of Education (2004). Re-Authorization of IDEA 2004. Retrieved January 2012 from the website: http://www.nj.gov/education/specialed/idea/reauth/provisions.shtml Wisconsin Education Association Council (2013). Special Education Inclusion. Retrieved January, 2012 from the website: http://www.weac.org/issues_advocacy/resource_pages_on_issues_one/special_education/special_education_inclusion.aspx Wrightslaw (2010). IDEA 2004. Retrieved July 2012 from the Wrightslaw website: http://www.wrightslaw.com/idea/index.htm Wrightslaw (2010). Assistive Technology. Retrieved July 2012 from the Wrightslaw website: http://www.wrightslaw.com/info/atech.index.htm