Exceptional Children and Social Institutions: Schools, Government, and the Courts

1. Chapter 2 Exceptional Children and Social Institutions: Schools, Government, and the Courts

2. Historical Overview - Society • How the institutions of a society (schools, legislatures, courts) treat its members with exceptionalities tells us about that society. In the United States, we have moved from “stored away” (pre-1850) to “stored in special schools” (schools that provided an environment that often protected the individual throughout life), to “passive acceptance” (inclusion models in public schools). • The degree to which children with exceptionalities will adapt to society is set by how the cultural and environmental forces facilitate or inhibit the child’s development.

3. Historical Overview – Courts • 1954 Brown v. Board of Education—the case ruled (1) education is a right and not a privilege and (2) separate education is not equal. Although this case reaffirmed the rights of minority students in education, many felt that the rights of students with disabilities should also be protected. • 1972 PARC v. Commonwealth of PA—ruled that students with IDD had a right to a free and appropriate education. • 1972 Mills v. Board of Education—ruled that the presumed absence of funds is not an excuse for failing to provide educational services to exceptional children. If sufficient funds are not available, then all programs should be cut back. • 1972 Wyatt v. Stickney—ruled that students with disabilities who are committed to state institutions have the right to education and/or treatment. • 1979 Larry P. v. Riles—ruled that children should not be labeled “disabled” or placed into special education without adequate diagnosis that takes into account different cultural and linguistic backgrounds

4. 1979 Jose P. v Amback—ruled that bilingual exceptional children need identification, evaluation, and educational procedures that reflect and respect their dual-language background. • 1982 Board of Education v. Rowley—ruled that a child with disabilities is entitled to an appropriate, not an optimum, education. This decision was the first court decision that suggested that there was a limit to the resources that exceptional children could expect. • 1990s Inclusion and funding lawsuits—Recently, there have been many lawsuits and class action suits that have addressed the issues of inclusion and least restricted environment. The rulings have been mixed in supporting inclusion or a continuum of services.

5. Public Law 107-110:No Child Left Behind 2001 • NCLB Act of 2001 was a major education legislation in the George Bush Administration. • Its purpose was to hold schools and education responsible for bringing students to a minimum level of competency. • Some students with disabilities could not meet the standards not mater how hard the tried. • Some attempts have been made to provide alternative assessments for children with disabilities • Children who are gifted do not feel challenged and standards are reached with little or no effort

6. What types of government legislation support students with disabilities? A summary of legislation over the past 40 years indicates a growing awareness of the education of children with exceptionalities. In 1963, PL 88-164 authorized funds for training professionals and for research and demonstration in the area of serving students with disabilities. • Congress in 1975 passed PL 94-142, the Education for All Handicapped Children Act. The measure, which took effect in 1977, was designed “to assure that all handicapped children have available to them a free appropriate public education which emphasizes special education and related services designed to meet their unique needs” (U.S. House of Representatives, 1975, p. 35).

7. Six Key Principles from PL 94-142 • P.39 • Zero Reject: FAP • Nondiscriminatory evaluation • Individualized education program (IEP) • Least restrictive environment (LRE) • Due process • Parental participation

8. 1986 PL 99-457: The Education of the Handicapped Act Amendments: Services to children and families from birth to five • Individuals with Disabilities Education Act Amendments of 1977 (IDEA; PL 101-476) added requirements for transition services for the promotion from school to postschool activities: vocational training, independent living, and community participation. This introduced people first to the language in the field of special education and changed the terminology from handicapped to disabled. • IDEA 2004 (PL 108-446) also included various changes in the law addressing the quality of personnel: special education specialists must hold full state certification as special education teachers and have a license to teach. They must demonstrate subject-matter competence in the academic programs they teach. Transition servces/plan must be included in all IEPs for students at age 16 and for younger students if appropriate

9. Historical Overview • Section 504 of the Rehabilitation Act of 1973 (PL 93-112). The key provision of the act states that it is illegal to deny participation in activities or programs solely because of a disability. Individuals with disabilities must have equal access to programs and services. One of its advantages is that children who might not meet the criteria for IDEA may still be judged eligible for services under Section 504. • ADA:The Americans with Disabilities Act of 1992 (PL 101-336) extends to persons with disabilities civil rights equal to those guaranteed without regard to race, color, national origin, gender, or religion through the Civil Rights Act of 1964.

10. Integrated Services • Inclusion is the philosophy that all children, regardless of disability or intensity of exceptionality, should be educated in general education environments. Those who advocate the inclusion movement (Stainback & Stainback, 1992) stress the importance of social relationships and emphasize social integration skills. • Continuum of Services

11. Figure 2.4: Students with disabilities served in inclusive setting 2004-2005 Source: U.S. Department of Education (2005). Twenty-seventh Annual Report to Congress. Washington, DC: Offi ce of Special Education Programs.

12. Assessment ProcessResponse to Intervention:RTI • RTI approach, provides 3 levels of service rather than 2(Special and general ed).

13. Assessment ProcessResponse to Intervention:RTI • Tier I includes universal screening of children in the early grades to find those students who may need special help. This action will enables the schools to plan an appropriate program for those students. • Progress Monitoring: Periodic progress monitoring of students in Tier II and Tier III measures progress and determines if the students are in the proper placement. • Assessment tools determines if expected gains are achieved by groups of children as well as the individual children with special programs.

14. Assessment • P.48 Six general approaches can be used to assess a child: (1) norm-referenced tests, (2) diagnostic achievement tests, (3) interviews, (4) observations, (5) informal assessments, and (6) portfolio assessment • Assessing student progress has traditionally been accomplished through the use of standardized, norm-referenced achievement tests. However, these tests do not adequately measure the attainments of many exceptional children. Performance assessments and authentic assessments are new approaches that supplement standardized assessments. assessment

15. Gardner’s theory of multiple intelligences • Linguistic: understand and use written communication • Logical mathematical: Math, computer programmer • Musical • Spatial: Orient and manipulate three dimensional space • Bodily Kinesthetic: Coordinate physical movement • Naturalistic: Distinguish and categorize objjects or phenomena in nature • Interpersonal: To understand and interact well with other people: Politician, sales • Intrapersonal Understand and use one’s thouhts , feelings, preferences and interests. Entrepreneur, biographer.. • Existential: Ability to contemplate phenomena or questions beyond sensory data

16. Inter-individual Differences • Academic aptitude • Academic performance • Language development • Psychomotor skills • Psychosocial development

17. Individualized Education Plan Team • Parent or guardian • Regular educator • Special educator • Administrator • Other Personnel

18. Individualized Education Program • Present levels of performance • Annual goals • Goal assessment • Special Education and Related Services • Program modifications or supports • Inclusion statement

19. Adapting to Differences • Adapting the learning environment • Adapting the curriculum content • Adapting teaching strategies • Adapting technology

20. Adapting Teaching Strategies • Universal Design for Learning /UDL: assistive supports are built in, rather than added as an afterthought • Instruction can be accessible • Closed captioning • Student responses - drawings instead of written answers • UDL also allows flexibility in student expression. Instead of giving a paper-and-pencil answer, a student may use drawings or illustrations, or respond through a computer.

21. Adapting Technology • Assistive technology consists of tools and adaptations that enhance the functioning of persons with disabilities. Instructional technology involves the selection of computers and related technology that support and expand instruction. IDEA 2004 mandates the mastery of technology on the part of special education teachers. Discuss the various types of technology presented in Table 2.5. • Instructional technology p.64

22. Transition Services • Instruction :ILS, Assisted Living, IHSS • Community experience: Social recreational activities • Development of employment: Dept of Rehab/Regional Centers • Post-school adult-living objectives: Independent living, group homes

23. Rights of children with Disabilities: • P.65-66 • Inclusion & Funding issues: p.66-67 • Moral dilemma: p.67 • Small groups: What do you think?