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How has legislation affected the classroom? Education that is equal, free, and appropriate is now within the reach of persons with disabilities. History of Special Education: The Law & Special Education. 19 th century
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Education that is equal, free, and appropriate is now within the reach of persons with disabilitiesHistory of Special Education: The Law & Special Education
Horace Mann and the common school ideal and revival are probably the best known as the most important factors in developing the American public educational system. Horace Mann in the 19th century was concerned with reforming the colonial education system of mostly private and religious schools considered only for the elite and middle class. The common school ideal and Mann’s common school revival ascertained the equality of all citizens, and mass education for all.
Institutions emerged for individuals with disabilities or special needs, instead of alignment with the common schools.
In 1909 there was legislation regarding the compulsory school attendance for some individuals with exceptionalities. Mainly these laws were in a few states (five, one includes Ohio) specifically for the deaf and blind.
Compulsory school laws begot special classes in public schools (community-based services versus institutions).
1910: A White House Conference on Children was held and one of the main goals were developing and establishing remedial programs for children with disabilities.
1920’s & 1930’s were periods of universal acceptance of special classes (segregated classes for persons with disabilities).
1940’s: Over 100 laws existed regarding the education of students with disabilities, and approximately 39 states had basic special educational laws (albeit mandatory or permissive) by the early 1950’s.
1950’s were a pivotal time in advocating for the education of individuals with disabilities
1954: Brown vs. Board of Educationwas passed and its outcome became the springboard for civil rights issues regarding the education of individuals with disabilities.
Brown indicated equal protection under the law for all citizens based upon the 14th amendment. This ruling declared that you cannot deny equal protection to citizens and segregate on the basis of unalterable characteristics such as race or disability.History of Special Education
1960’s: Key legislation was The Elementary and Secondary Education Act (ESEA) of 1965
This act provided for improving educational opportunities for certain categories of students. These students were considered to be disadvantaged and included students with disabilities. This act established the Bureau of the Handicapped Children and Youth at the federal level, and provided funding to institutions, and state schools, and later local education agencies for the education of individuals with disabilities.
Education of the Handicapped Act- Education of the Handicapped Act in 1970 was an amendment to ESEA and is significant for its funding for the education of students with disabilities.
PARC - PARC judicial case in Pennsylvania persons with mental retardation won a case and upheld that schools cannot deny or exclude individuals with disabilities from education, hence advocating for free and appropriate education (FAPE).
Mills- Judicial case> they cannot be denied or excluded from education, thus FAPE again. In addition to FAPE, this case also purported the claim of procedural safeguards, mainly due process.
Section 504 of the Rehabilitation Act of1973-1973 Section 504 of the Rehabilitation act is the first civil rights legislation protecting persons with disabilities.
Education Amendments of 1974-one goal of the Education Amendments was to have states make a goal of providing full educational opportunities for persons with disabilities.
Individuals with Disabilities Education Act (IDEA)
Congress passed landmark legislation to re-authorize the Individuals with Disabilities Education Act (IDEA) A.K.A.Individuals with Disabilities Education Improvement Act (IDEIA) of 2004 on Nov 19, 2004
Signed into law December 2, 2004 by President George W. Bush
Law effective July 1, 2005
Websites regarding the law
Actual law> http://thomas.loc.gov/cgi-bin/query/z?c108:h.1350.enr:
Pulliam & Van Patten (1999) The History of American Education
Winzer (1993) History of Special Education
Yell (1998) The Law and Special Education
EAHCA renamed IDEA
IDEA renamed IDEIA in 2004
special education is a service
rather than a place where they are sent
- Congress (1997)
Other Health Impairment
Serious Emotional Disturbance
Specific Learning Disability
Speech or Language Impairment
Traumatic Brain Injury
Visual Impairment, including BlindnessDisability Categories
(a) An inability to learn that cannot be explained by intellectual, sensory, or health factors.
(b) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers.
(c) Inappropriate types of behavior or feelings under normal circumstances.
(d) A general pervasive mood of unhappiness or depression.
(e) A tendency to develop physical symptoms or fears associated with personal or school problems.
The term includes schizophrenia. The term does not apply to children who are socially maladjusted, unless it is determined that they have an emotional disturbance.
notion that all children with disabilities be educated with students without disabilities to the maximum level appropriate for that child)
Setting aside inclusion > only if student can not benefit from being educated with their peers ONLY after the school has provided the student with supplementary aids and services. In that event the school may serve the student in a less inclusive program.
Continuum of services> schools must offer a range of services such as general education, resource rooms, special classes, special schools, homebound services, hospitals, and institutions (residential or long-term care)
Procedural due process
When school’s do not carry out IDEIA’s principles
When schools and parents disagree on the type of special education that is appropriate
Right to examine all educational records
Seek an independent educational evaluation
Right to a hearing to resolve differences
Resolution (try to settle differences)
Due process hearing (administrative quasi-judicial hearing)
E.g. parents being members of the IEP team
Access to school records and control over who has access to those records
Zero reject (no exclusion of student from school – receiving a Free and Appropriate Public Education or FAPE)
Nondiscriminatory evaluation: purpose isto determine if your child has a disability and the types of services he or she needs
unbiased evaluation> use of a variety of assessments
no single instrument used as sole basis of evaluation
may be requested by a parent, SEA, LEA, or another state agency
Assessment is not discriminatory on a racial or cultural basis
Administered by trained and knowledgeable professionals
Administered in a language appropriate for the student
Parental notice and consent (written consent before evaluation)
If parents do not consent - use mediation or due process
Screening (administer tests to all students to determine who needs further testing
pre-referral (help to teachers ; the use of interventions before considering referral to special education)
referral (formal written request for a student to receive a nondiscriminatory evaluation)
Appropriate education (an individualized education program-IEP OR Individualized Family Services Plan)
(IEP: 3 -21 yrs; IFSP: 0-2 yrs; “notion of an individually tailored plan for every child with a disability”)Six principles (governs students’ education)
Based on student’s evaluation
Developed by a team (IEP team- collaborative decision making)
Foundation for student’s appropriate education
Review once a year or at parent or teacher request
Content (also see blank STATE IEP)
Present levels of performance
Goals, benchmarks, objectives
Special education and related services and supplementary aids and services
Modifications in state and district wide assessments
How progress will be measured & how parents will be informed
Definition of related services
Appropriate EducationIEP Components --Special Education Service Components
Generally more males (66%) identified and receive services than females (33%)
Family education level
Overview of Today’s Special Education
Provision of gifted education
Types of providers
-Use people first (disability is not the superceding characteristic of a person)
Special Education Outcomes/Results
Benefits: label qualifies individuals to receive services
Drawbacks: person may be regarded as ‘broken to be fixed’; can segregate students from those w/o disabilities
Learning Disabilities: disorder in 1 or more of the basic psychological processes involved in using language, spoken or written, which manifest itself in imperfect ability to listen, think, speak, read, write, spell, or do math calculations
Success due to luck, will expect failure and often give up
The Process: In Action
Simply put, Direct Instruction (DI) is a system of teaching.Direct Instruction is based on Zig Engelmann's theory that children can learn at an accelerated rate if educators deliver instructions that are clear, are able to predict likely misinterpretations and therefore reduce confusion, and assist in forming generalizations.It is a highly structured, intensive teaching program that aims to absolutely prepare the educator in such a way that all children learn to 100% mastery of the subject.
From The Association for Direct Instruction websiteDirect Instruction
An advance organizer is information that is presented prior to learning that can be used by the learner to organize and interpret new incoming information
David Ausubel, An American Psychologist
Techniques, principles, or rules that enable students to learn, solve problems, and to complete task independently
Learn content through instruction in skills necessary to acquire, store, and express content
Acquisition of information
Storage of information
Expression or demonstration of knowledgeLearning Strategies
“Teachers are like hairdressers. They know the same style won’t work for everybody.”
Category- What is it?
What is it like?
people to learn
Focus- acquire, retain, and express knowledge
Highlights relationships within the information
Graphic organizers study guides paraphrasing strategy
mnemonic devices test-taking skills vocabulary strategy
What are some examples?
Asperger’s : significant challenges in social functioning but do not have significant delays in language development or intellectual functioning
First reported by Rett in 1966
confusion with autism - particularly in the preschool years
very early development is normal
Head growth then decelerates, usually in the first months of life, and a loss of purposeful hand movements occurs
Motor involvement is quite striking and profound mental retardation is typical
Characteristic hand-washing stereotypes develop
Condition documented primarily in girls
Genetic > found on the MECP2 gene
See Rett Syndrome Association for more information
Childhood Disintegrative Disorder
From Vienna (Theodore Heller)
Discovered before autism
Etiology (cause) is unknown (although considered to be a central nervous system dysfunction)
The condition develops in children who have previously seemed perfectly normal. Typically language, interest in the social environment, and often toileting and self-care abilities are lost, and there may be a general loss of interest in the environment. The child usually comes to look very 'autistic', i.e., the clinical presentation (but not the history) is then typical of a child with autism.
Pervasive Developmental Disorder (non-specified)
Also known as PDD
Pervasive developmentaldisorder-nonspecific may be considered when symptoms of the other disorders are not present but there is a considerable difficulty with specific behaviors.Pervasive Developmental Disorders
set of complex disorders that affect the brain. PDDs are characterized by an intense difficulty in social interaction and communication with others.
Autism (ch. 11) : impairment in social interaction; impairment in communication; restrictive repetitive and stereotyped patterns of behavior - Diagnostic and Statistical Manual of Mental Disorders (DSM-IV )
Progress in the General Curriculum
* Positive Behavior Support
* Mnemonic Strategies
4 types of sentences:
Diagnosis from physician or team during early childhood years
Perspective sentences (describes internal physical state or desire; also describes others perspective-thoughts, feelings, beliefs)
Directive sentences (describe what is expected as a response (to a cue or in a given situation)
Control sentences (written by student; strategy to re-call info in social story; define own response)
1) Sitting on the Carpet
Sometimes our class sits on the carpet. (descriptive) We sit on the carpet to listen to stories and for group lessons. (descriptive) My friends are trying hard to listen so they can enjoy the story or learn from the lessons. (perspective) It can be hard for them to listen if someone is noisy or not sitting still. (descriptive) I will try to sit still and stay quiet during our time on the carpet. (descriptive)
From http://www.polyxo.com/socialstories/introduction.html#sampleSocial Stories
Sample social story
Tips for Inclusion
1.Carefully structure seating
arrangements and group work.
2. Provide a safe haven.
3. Save the student from himself or herself.
4. Prepare for changes in routine.
5. Use available resources-
make needed accommodations.
6. Connect with each other, parents, Internet support groups, and other groups.
7. Promote positive peer interactions.
8. Capitalize on special interests.
9. Don’t take it personally.
10. Help your classroom become a caring community
Safran, J. (2002). Supporting Students with Asperger’s Syndrome in General Education. Teaching Exceptional Children, 34, (5), 60-66.