research base and1 legal considerations in special education€¦ · ____ 10. there are 13 specific...

1Examining theResearch Base and

Legal Considerationsin Special Education

DISABILITY LEGISLATION

Legislation has changed the way society thinks about disabilities and hasalso driven research to find better ways for schools to deliver appropriateservices to children in the least restrictive environment. Basically, studentshave rights to a free, appropriate public education that addresses theirdiverse needs. Teachers must understand what legislation and research sayabout the special needs student with regard to the curriculum, instruction,and assessment. Legislative information and strategic research about dis-abilities are detailed in this chapter, along with the reasons for inclusion.

INTRODUCTION: WHY DO INCLUSION?

Affective Comparison

Directions: Think of a time when you were excluded from an academicor social activity as a child or an adult. List the emotions you experiencedas a result of this exclusion. Contrast this experience with a time whenyou were included or allowed to participate with others, and list thoseemotions as well under the appropriate heading.

1

INCLUSION vs. EXCLUSION

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The primary reason for inclusion is the list of positive inclusiveemotions. The Latin root of inclusion is includo, meaning to embrace, whilethe Latin root of exclusion is excludo, meaning to separate or shut out.Unfortunately, in the beginning haste to include students, administratorsin some school districts created the impression that inclusion is just a wayto save money, with the unintended outcome that it only burdens teachers.They are now beginning to realize that it needs the proper scaffolding tosucceed. Most teachers are skeptical because there is no script or templateto follow for inclusion. It’s definitely in its infancy and will evolve. Simplystated, inclusion is a way of life and a preparation for adulthood. Itsupports the civil rights of all learners. Inclusion may not be the mostappropriate placement for all students’ needs, yet it should be consideredas the first viable option. Now think of teaching a student who has similarexclusionary emotions, and how he or she would feel about school. Howcould you learn, if you were experiencing these exclusionary emotions?

Any moral here???

ESTABLISHING LEGISLATIVE KNOWLEDGE

Courting Issues

Laws were designed to protect people with disabilities by giving themaccess to the same societal opportunities as those accessible to people with-out disabilities. Segueing to a more detailed examination of the special edu-cation laws and research, answer the following “true or false” questions(see pg. 4 for answers).

True or False?

____ 1. 18% of the school-age population has a disability.

____ 2. Cooperative learning is a competitive teaching strategy.

____ 3. Right angles of learning refers to measuring the classroom.

____ 4. About 6% of the school-age population is learning disabled.

____ 5. Section 504 of the Rehabilitation Act has been in effect since1983.

____ 6. FAPE stands for Federally Approved Programs for Education.

____ 7. IDEA is an educational program that protects children ages5 to 21.

____ 8. Teachers can call for a new IEP meeting any time they needadded support.

____ 9. A student who is not classified can be considered for 504protection.

2 INCLUSION STRATEGIES THAT WORK!

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____ 10. There are 13 specific disability categories under IDEA.

____ 11. ADA protects individuals with physical or mental impairmentsthat limit one or more life activities.

____ 12. People with mental retardation are more likely to havechildren who are also cognitively impaired.

3EXAMINING THE RESEARCH BASE AND LEGAL CONSIDERATIONS IN SPECIAL EDUCATION

where?

why?

LRELeast RestrictiveEnvironment

way of lifeCivil Rights preparationfor adult living, IDEA

what?

how?

Objectives:social, academic,cognitive, emotional

accommodations, individualization,cooperative learning, multipleintelligences, active involvement,pre/inter/post, planning, coteaching

INCLUSION

appropriate

all teachers—GE & SEstudentsparentsteamsadministratorscommunitylegislators

when?

who?

Inclusion Web: Special Education laws now demand that the regularclassroom be looked at as the first placement option and least restrictiveenvironment for students with disabilities. The web below outlines moreinclusive particulars about inclusion.

The above activity might have been frustrating if you did not have backgroundknowledge about special education or the laws. Compare it to the spelling pretestgiven to students who have no prior knowledge of the words. Teachers sometimesbegin a content area, assuming children have prior knowledge.

Moral: All students do not have the same background knowledgeor experience. Learning should be at an optimum, while frustrations are

kept at a minimum since they only interfere with and thwart the learning process.

Answers are on the next page.

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Jigsawing Reading

To review the basic terminology and legislation in the field of special education,cooperative groups equitably divide the legislative readings on the following pagesto collectively share knowledge and then answer 6 out of 10 listed questions underthe heading Cooperative Legislative Review. This jigsaw technique is a cooperativelearning strategy, where teachers direct students to learn and share content witheach other. Teachers can monitor learners and drift to different groups, clarifyingquestions and concerns, while addressing individual and group thought processes.The following readings summarize pertinent facts about legislation along withpast/present/future concerns about special education and the rights of people withdisabilities.

Cooperative Division:

1. Everyone reads the IEP/ADA/504 comparison.

Then equitably divide the following:

2. Details about the Least Restrictive Environment

3. Description of 13 disability categories under IDEA

4. History of the ADA

5. Civil Rights for people with disabilities

6. Past, present, and future concerns

Research about cooperative learning indicates that it confers both socialand academic advantages. Socially, positive interactions increase, asstudents work collaboratively toward a common goal. Academically,students are willing to spend more time learning from each other ratherthan from the teacher. Cooperative communication also bridges schools toadulthood, since it is a prerequisite for future employment relationships.Getting along with others is a skill that schools can foster through cooper-ative learning.

Services are provided without cost to the students and families underall three laws, with the least restrictive environment being the first optionunless the severity of the disability prohibits that placement.


Answers to True/False: 1.F-approximately 13%*, 2.F-noncompetitive, 3.F-it’sa hierarchy of learning objectives 4.T, 5.F-1973, 6.F-Free and Appropriate PublicEducation, 7.F-Ages 3 to 21, 8.T, 9.T-Examples include a child with AIDS,juvenile arthritis (word processor), AD/HD (modified schedule, homework)10.T, 11.T-life activities include walking, speaking, working, and learning,12.F-children can be affected by the limitations, but their mothers’ illnessduring pregnancy, and drugs and alcohol are major contributors.

National Center for Educational Statistics (2003), Institute of EducationSciences, U.S. Dept. of Education. 1990 K Street, NW, Washington, DC20006, (202) 502–7300 www.nces.ed.gov

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Individuals with DisabilitiesEducation Act (IDEA)

Children ages 3 to 21 withdisabilities listed below areeligible for a free andappropriate public educationin the least restrictiveenvironment (LRE). It is astatute that funds specialeducation programs, underthe following categories:

AutismDeafnessDeafness–BlindnessHearing ImpairmentsMental RetardationMultiple DisabilitiesOrthopedic ImpairmentsOther Health ImpairmentsEmotional DisturbanceSpecific Learning DisabilitiesSpeech or Language

ImpairmentsTraumatic Brain InjuryVisual Impairments

The IDEA defines anIndividualized EducationProgram (IEP), which listswritten statements of currenteducational levels,objectives, appropriateservices, accommodations,and evaluation criteria thatare developed for each child.

Americans with DisabilitiesAct of 1990 (ADA)

Civil rights antidiscriminatorylaw that protects peoplewith disabilities fromdiscrimination in publicservices, if reasonableaccommodations can beprovided there by state andlocal governments.

Physical or mental impairmenthas to substantially limit oneor more life activities(walking, breathing, seeing,hearing, speaking, learning,working, and caring foroneself).

Must have a record and beregarded as having such animpairment

Prevents employmentdiscrimination againstindividuals with disabilitieswho meet other jobqualifications

Helps to ensure public accessto transportation andcommunication

Can include special educationstudents who are involvedin community jobs

Can refer to private,nonsectarian schools

OCR (Office of Civil Rights)enforces Title II of the ADA,which extends theprohibition againstdiscrimination to publicschools, whether or not theyreceive public funding

Section 504 of theRehabilitation Act

Civil Rights law that stopsdiscrimination againstpeople with disabilities inpublic and privateprograms/activities thatreceive financial assistance.

Similar to IDEA, but caninclude students and staffof all ages who may not becovered under IDEAclassifications

Has to limit student’s abilityto learn or other major lifeactivities

Limited amount of money aschool district can spend ifthe services are too costly,since unlike IDEA, there areno provisions that districtsare reimbursed

State and local jurisdictionsare responsible

Requires a plan with a groupof experts who areknowledgeable about thestudent and can specifyneeded educational benefits,aids, and services

Periodic reevaluations

Like IDEA, local educationagencies must provideimpartial hearings forparents who disagreewith the identification,placement, or evaluation

Do not need both an IEP and aSection 504 plan, if studentqualifies for services underboth, since one way to meet504 requirements is tocomply with IDEA.

General educationteachers must implementprovisions of Section 504;their refusal would meandistrict may be foundto be noncompliant.

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Least Restrictive Environments

According to IDEA, FAPE (Free Appropriate Public Education)must be provided in the least restrictive environment (LRE), which con-siders the regular classroom setting as the first option for academic andnonacademic benefits along with the effects of that placement on otherchildren.

The assumption under the law is that every child with a disabilityis educated in the regular classroom; if this is not the case, then theschool district must provide documentation why this should notoccur.

A continuum of some alternative placements includes the following:

Least Restrictive Environment Options

• Regular classroom with moderate support strategies or consultationperiods of in-class support by a special education teacher or other trainedpersonnel for part of the day, or perhaps two teachers, general educationand special education coteaching and coplanning lessons for all childrenin the classroom. The two teachers (GE+SE) work together in an inclusionsetting.

• Pull-out programs to support or replace some subjects which maybe taught in the resource center. Academic subjects such as reading, lan-guage, science, social studies, or mathematics, may be taught or supportedin another setting within the school. The student fully participates in allother classroom content areas and activities with peers, and follows therest of the class schedule, with maximum social integration. This allowsfor periods of direct skill instruction along with maximum appropriatesocial and academic inclusion with peers.

• Special education classroom in regular school with the possibility ofmainstreaming for certain subjects if appropriate academic and socialgoals are delineated and adequate supports are provided in the regularclassroom. Special class placement can also be self-contained.

• Special school if education cannot be provided in neighborhoodschool.

• Home instruction if student’s needs cannot be met in the school dueto social, academic, physical, or medical issues.

• Residential placement that is provided in a setting other than theneighborhood school or home, which can include instruction in hospitalsor residential institutions. Even though a placement such as a hospital isconsidered one of the most restricted environments, it may actually be the


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least restrictive setting for someone who is severely mentally ill, since itmay be deemed the most appropriate one to service that individual’sneeds.

IDEA has four parts with these inclusive elements:

Part A: General Provisions– Includes purpose of Special Education law, definitions of terms,

and congressional findings

Part B: Assistance for Education for All– This part includes state formula grant program, eligibility, evalu-

ations, IEP, funding, procedural safeguards, and preschool grants

Part C: Infants and Toddlers with Disabilities– Has early intervention programs for infants and toddlers with

disabilities, along with findings and policies

Part D: National Activities to Improve Education of Children withDisabilities– Included here are discretionary programs, state improvement

grants, supporting and applying research, personnel preparation,parent training and information centers, technical assistance,technology development, and disseminating information

As this book is going to press, IDEA is undergoing a reauthorizationprocess. The House of Representatives passed HR1350 in April 2003 andthe Senate passed S1248 in May 2004. The next step is for the House andSenate to meet to decide on the final IDEA document in a conferencecommittee. The common purpose of the two different bills on the reau-thorization of IDEA is to improve the education results for children withdisabilities. Some major points of the two proposed bills include but arenot limited to the following:

1. Improving and measuring the academic achievement and func-tional performance of children with disabilities, including the use ofscientifically based instructional practices, accompanied by multiple validand reliable up-to-date assessments and accommodations and if neces-sary, coordination with institutes of higher education

2. Supporting high-quality, intensive professional development forpersonnel who work with children with disabilities, including trainingrelated services personnel and paraprofessionals

3. Supporting the use of technology to maximize accessibility forchildren with disabilities

4. Transition services within a results-oriented process to the maximumextent possible to facilitate movement from school to post-secondaryactivities, including further recommendations for continuing education,independent living, and community participation


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5. Helping students with disabilities meet challenging state studentacademic achievement standards

6. Reducing paperwork burdens on teachers by conducting reviewsof processes, forms, and expanding use of technology in IEP process

7. Improving services for the homeless and foster children andchildren with disabilities in the military

8. National Children’s Study Amendment—Long-term child devel-opment study to determine the relationship between environmental healthfactors and the development of disabilities in children

9. Awarding attorney fees to local education agencies if parent’s caseis determined frivolous or improper based on legal precedents. Currentlaw only allows parents who win to collect attorney fees

10. Mentions the high-need child, defined as a child with a disabilityfor whom a free appropriate public education involves four times theaverage per-pupil expenditure for fiscal year

11. With reference to learning disabilities, removing the discrepancybetween achievement and intellectual ability and replacing it with aprocess that determines if the child responds to scientific, research-basedintervention

12. Excusing IEP members from attending meetings if all agreeattendance is deemed unnecessary beforehand, with IEP team obtainingthat member’s input prior to the meeting

13. Trying to consolidate meetings, such as reevaluations with IEPteam meetings

14. Development of a 3-year IEP, with review of measurable goals incurrent IEP and removal of benchmarks and short-term objectives fromIEP’s

15. Alternative means of meeting participation and communication,such as video conferences, conference calls, and e-mail

16. Usage of positive discipline and other behavioral assessments andclassroom approaches to prevent emotional and behavioral violationsfrom recurring

17. Reducing misidentification of children with disabilities by encour-aging direct skill instruction

18. Setting up procedures that require the State educational agency todevelop a model form to assist parents in filing a complaint, and a dueprocess complaint notice

19. Reducing number of times copy of procedural safeguards is givento parents


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20. Delaying due process hearing while all parties attempt to meet toresolve problems

21. Not allowing parties to raise issues at due process hearings thatwere not raised in original complaint

22. Change in discipline code on a case-by-case basis to ensure thesafety and appropriate educational atmosphere in the schools under thejurisdiction of the local educational agency, allowing schools to expelstudents without first determining whether the behavior was linked to thechild’s disability

23. Recording the incidence, duration, and type of disciplinary actionsand determining if misbehaviors were the result of a failure of the IEP

24. Provision of appropriate early intervention services in naturalenvironments to meet the needs of individual children

25. Strengthening the role and responsibility of parents and ensuringthat families have meaningful opportunities to participate in the educationof their children at school and at home

Check these resources for further updates:

www.nichcy.org/reauth/scoop.htm

http://www.cec.sped.org/

http://thomas.loc.gov

www.nochildleftbehind.gov

www.wrightslaw.com

DISABILITY CATEGORIES UNDER INDIVIDUALSWITH DISABILITIES EDUCATION ACT (IDEA)

In order to receive funds under Part B of IDEA, states must assure that afree and appropriate public education (FAPE) is provided to childrenwithin 13 disability categories at no cost to the parents, in conformity withthe individualized education program.

Exact classification language of each state is decided after it looks atfederal regulations and does its alignment. As the United States Depart-ment of Education points out, the federal role in education is limited as perthe 10th amendment. Education policy is determined by state and local levels.Different school districts across our nation have many interpretations andimplementations of disability laws. Sometimes states have different terms,but it is not the label that is important; it is matching the criteria under that


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disability category. Labels are just for eligibility; there is an enormousdisadvantage for students when you need words and a condition title todescribe and convey a disability, rather than a person. Again, some statesuse different terms, as words develop negative connotations, but criteriaremain the same and are aligned with federal regulations.

IDEA Categories

• Autism—A developmental disability significantly affecting verbaland nonverbal communication and social interaction, generally evidentbefore age three, that adversely affects educational performance. Added toIDEA in 1990.

• Deafness—A hearing impairment so severe that a child is impairedin processing linguistic information through hearing, with or withoutamplification, resulting in adverse effects on educational performance.

• Deaf-Blindness—Simultaneous hearing and visual impairments,the combination of which causes such severe communication and otherdevelopmental and educational problems that a child cannot be accom-modated in special education programs solely for children with deafnessor blindness.

• Hearing Impairment—An impairment in hearing, whether perma-nent or fluctuating, which adversely affects a child’s educational perfor-mance but is not included under the definition of “deafness.”

• Mental Retardation—Significantly sub-average general intellectualfunctioning, existing concurrently with deficits in adaptive behavior,manifested during the developmental period, which adversely affect achild’s educational performance.

• Multiple Disabilities—Simultaneous impairments (such as mentalretardation/blindness or mental retardation/orthopedic impairment),the combination of which causes such severe educational problems thatthe child cannot be accommodated in a special education program solelyfor one of the impairments. The term does not include children withdeaf-blindness.

• Orthopedic Impairment—A severe orthopedic impairment thatadversely affects a child’s educational performance. The term includesimpairments caused by a congenital anomaly such as clubfoot, orabsence of a limb. Impairments caused by disease include poliomyelitisor bone tuberculosis, and impairments from other causes such as cere-bral palsy, amputations, and fractures or burns which might causecontractures.

• Other Health Impairment—Having limited strength, vitality,or alertness, due to chronic or acute health problems such as heart condi-tion, tuberculosis, rheumatic fever, nephritis, asthma, sickle cell anemia,


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hemophilia, epilepsy, lead poisoning, leukemia, or diabetes, whichadversely affects a child’s educational performance. According to theOSERS (Office of Special Education and Rehabilitative Services) clarifica-tion statement of September 16, 1991, eligible children with AD/HD mayalso be classified under “other health impairment.”

• Emotional Disturbance—A condition exhibiting one or more of thefollowing characteristics over a long period of time and to a markeddegree, which adversely affects educational performance:

(A) an inability to learn which cannot be explained by intellectual,sensory, or health factors

(B) an inability to build or maintain satisfactory interpersonal rela-tionships with peers and teachers

(C) inappropriate types of behavior or feelings under normalcircumstances

(D) a general or pervasive mood of unhappiness or depression(E) a tendency to develop physical symptoms or fears associated

with personal or school problems

The term includes children who have schizophrenia. The term does notinclude children who are socially maladjusted, unless it is determined thatthey have a serious emotional disturbance.

• Specific Learning Disability—A disorder in one or more of the basicpsychological processes involved in understanding or using spokenor written language, which may manifest itself in an imperfect abilityto listen, think, speak, read, write, spell, or do mathematical calculations.The term includes such conditions as perceptual disabilities, brain injury,minimal brain dysfunction, dyslexia, and developmental aphasia. Theterm does not include children who have learning problems that areprimarily the result of visual, hearing, or motor disabilities; mental retar-dation; emotional disturbance; or environmental, cultural, or economicdisadvantage.

• Speech or Language Impairment—A communication disordersuch as stuttering, impaired articulation, a language impairment, or a voiceimpairment, which adversely affects a child’s educational performance.

• Traumatic Brain Injury—An acquired injury to the brain caused byan external physical force, resulting in total or partial functional disabilityor psychosocial impairment, or both, which adversely affects educationalperformance. The term does not include brain injuries that are congenitalor degenerative, or brain injuries induced by birth trauma. Added to IDEAas a category in 1990.

• Visual Impairment, Including Blindness—A visual impairment thatincludes both partial sight and total blindness, which even with correctionadversely affects a child’s educational performance.


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The following is a mnemonic to help you remember all 13 IDEAdisabilities:

All very disabled students deserve many more opportunities thanschool has ever offered.

All (autism)

very (visually impairment)

disabled (deafness)

students (speech and language impairment)

deserve (deaf-blindness)

many (mental retardation)

more (multiple disabilities)

opportunities (orthopedic impairment)

than (traumatic brain injury)

school (specific learning disability)

has (hearing impairment)

ever (emotional disturbance)

offered (other health impairments).

HISTORY OF THE AMERICANSWITH DISABILITIES ACT (ADA)

The Americans with Disabilities Act (Public Law 101–336), passed in 1990,was designed to prohibit discrimination against people with disabilities bystate and local governments and provide equal opportunities in the fol-lowing areas:

• Public accommodations• Employment• Transportation• Telecommunications• State and local governments

ADA’s intent was to afford people with disabilities the same opportu-nities as everyone else to lead full and productive lives. Its goal was tobreak down barriers for people with disabilities that stop them fromachieving emotional and social independence. As a civil rights act, itsenforcement enables our society to benefit from the skills and talents thatpeople with disabilities have always possessed, but have been thwartedfrom demonstrating.


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The ADA defines disability as an impairment that substantially limitsmajor life activities such as breathing, seeing, hearing, speaking, learning,caring for oneself, and working. If the impairment is temporary, such as anonchronic condition of a short duration, then that person is not coveredunder ADA. For example, someone with a broken leg would not qualify.In addition, ADA states that a person must have a record of an impair-ment that would include someone recovering from a chronic or long-termimpairment such as mental illness or cancer. The definition expands furtherby including someone who is regarded as having such an impairment.This would include how others regard or look at someone with a disabil-ity. This would protect someone who might have a facial disfigurementsuch as cleft palate from being denied employment because of workers’reactions. It would also allow someone who has motor impairmentsdue to cerebral palsy to perform a job that someone might incorrectlyassume he or she cannot cognitively perform due to that person’s discrim-inatory perception of the individual.

An individual is deemed “qualified” if he or she possesses theskills, education, or other job requirements of a position with or withoutreasonable accommodation. It basically prohibits discrimination againstindividuals with disabilities in the private sector. Court systems are currentlyinterpreting this law on an individual basis.

Examples of reasonable accommodations include the following:

• Modifying a work schedule

• Providing menus in Braille, or a waiter reading the menu to acustomer who is blind

• Installing numbers in Braille in office or hotel elevators and outsiderooms

• Allowing seeing-eye dogs in public facilities

• Providing a sign interpreter at theater performances, if the theater isgiven sufficient notice by someone with a hearing impairment

• Removal of existing barriers, if it is readily achievable and can bedone without much difficulty or expense. For instance, if a ramp orelevator could not be built because the business is not profitable enough,curbside service could be provided to people with disabilities. Not everybuilding or each part of every building needs to be accessible.

• Accommodations could be as simple as lowering a paper toweldispenser, widening a doorway, or providing special parking spots.

Courts levy penalties against a business if it shows bad faith incomplying with ADA. Acts of bad faith might include deliberatelyignoring a person’s request, hostile acts, or refusing voluntary compliance.The Justice Department considers the size and resources of individualbusinesses, before civil penalties are issued. Complaints must be valid. For


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example, refusing employment to someone with depression, AIDS, or ahistory of alcoholism would be discrimination based upon societal stereo-types, not the person’s ability to perform a job. However, someone withmyopia or hypertension is not covered by ADA because the condition iscorrectable (e.g., with eyeglasses and medication). If a person needs to usea seeing-eye dog, the owner of a restaurant cannot arbitrarily deny admit-tance to the dog and the patron who is blind. Similarly, if the venue is givenample notice, sign language interpreters must be provided at theaters andother public gatherings, for people who cannot hear.

Court cases that are currently pending are wrestling with the meaningof the word disability. In 1998, a golfer with a birth defect in his right leg,Casey Martin, was allowed to ride a golf cart instead of walking the coursein tournament play. At the time, the PGA thought that Mr. Martin wouldhave an unfair advantage over other golfers, but the Supreme Court deter-mined that a golf cart was a reasonable accommodation, since CaseyMartin suffered from fatigue, and walking the course would have been anadditional burden for him. In May 2004, the Supreme Court allowed a manin a wheelchair—George Lane, who was a defendant ordered to testify—andBeverly Jones, a court reporter with a mobility impairment, to sue the state ofTennessee for monetary damages since they needed to appear in a second-floor courtroom in a building without elevators. In this ruling, it wasdetermined that there was a failure to provide people with disabilitiesaccess to the courts. Other pending cases concern seniority issues andwhether someone’s health might be impacted by a certain job (e.g., work-ing with chemicals if you have a preexisting medical condition), beinggranted testing accommodations on a graduate level or claiming too muchnoise interfered with passing a nursing exam for someone with a mentalimpairment. Topics under debate also include the possibility of grantingindefinite periods of leave or open-ended schedules.

Reasonable accommodations mean that with the accommodation inplace, the person is otherwise able to perform all of the job requirements.Safety is sometimes a mitigating factor; for example, someone who is blindcannot successfully claim discrimination because the person is not hired asan airline pilot. But overall, the ADA protects persons with disabilities inthe private sector.

CIVIL RIGHTS FOR STUDENTSWITH DISABILITIES UNDER SECTION 504

Section 504 of the Rehabilitation Act of 1973 is enforced by the Office ofCivil Rights (OCR) in the U.S. Department of Education and generallyrefers to adjustments in the regular classroom but can include othereducational services as well. It states the following:

No otherwise qualified individual with a disability in the UnitedStates . . . shall, solely by reason of her or his disability, be excludedfrom the participation in, be denied the benefits of, or be subjected


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to discrimination under any program or activity receiving Federalfinancial assistance. (http://www.ed.gov/The regulation imple-menting Section 504 in the context of educational institutionsappears at 34 C.F.R. Part 104)

Recipients of 504 protection include public school districts, institutionsof higher education, and other state and local education agencies. BothADA and Section 504 are enforced by OCR, while IDEA is enforced byOSERS, which are both components of the U.S. Department of Education.ADA does not limit the rights or remedies available under Section 504.

For a person to be classified as having a disability, he or she must havea record of a physical or mental impairment that limits one or more majorlife activities, and be regarded as having such an impairment. A life activ-ity includes functions such as caring for one’s self, performing manualtasks, walking, seeing, hearing, speaking, breathing, learning, and work-ing. Evaluation of students with disabilities, to determine placement, isconducted by trained personnel who have particular knowledge of eachstudent’s strengths, abilities, and needs The information is not solelybased upon one assessment, and must assess the student’s need, not theimpairment. For example, a student with blindness cannot be asked tocount the number of hands raised, but would need to be given an alternatekinesthetic accommodation to test the child’s ability to actually count, nothis or her ability to see the hands. Placement decisions come from varyingsources, including teacher recommendations and aptitude and achieve-ment tests, and they must take into account cultural, social, physical, andadaptive needs.

Like IDEA, Section 504 states that every effort must be made to edu-cate students with their nondisabled peers, if the academic and socialneeds can be met there. Specific recommendations must include strategiesand delineate accommodations. Disability documentation needs to beprovided, and necessary accommodations must be requested. Qualifiedindividuals for Section 504 protection can fall under any of the 13 IDEAclassifications or others such as the following examples; this is not anexhaustive list:

Learning Disability Cerebral PalsyEpilepsy Emotional/Psychiatric DisabilityVisual Impairment/Blindness Attention DisordersHearing Impairment/Deafness AIDSCancer Arthritis

Strategies, names of implementers, monitoring dates, and generalcomments are some elements that can be included in 504 plans. If a studentqualifies for services under IDEA, that student does not need bothan IEP and a Section 504 plan. The reason is that one way to meet 504requirements is to comply with IDEA. General education teachers mustimplement provisions of Section 504, or that district may be found to be


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noncompliant with the federal law. Again, the general education teacherneeds the 504 plan, which includes appropriate educational services.School districts must properly identify and evaluate students with disabil-ities who need services, supplying an educational plan under Section 504,which is then protected by procedural safeguards. In this scenario,teachers also need proper instruction and preparation to meet that indi-vidual child’s needs. Parents, building administrators, teachers, supportstaff, and the Section 504 Coordinator are involved in developing the plan.A 504 plan can be as simple as including strategies that break down long-term projects into smaller sequential steps, sending home a duplicate setof texts, or maybe sitting a child nearer to the board.

Section 504 laws apply to elementary, secondary, and postsecondaryschools. Trained personnel who assess the needs, not the impairments,must conduct evaluative procedures in order to determine placement.Placement decisions consider the maximum extent to which the studentcan be educated with his or her nondisabled peers. Placement can rangefrom the general education classroom with or without supplementary ser-vices to a special education classroom with related services. In addition,schools need to conduct periodic reevaluations. Parents and guardians areinformed about all placement and evaluation actions, and may examinetheir child’s records. Students may not be denied access to any nonacade-mic activities, such as clubs, transportation, athletics, and counseling,based upon their disability.

PAST, PRESENT, AND FUTURE CONCERNS

Special education was not always accepted in the larger school commu-nity. Before the passage of PL94–142 (Education of the Handicapped Act)in 1975, students with disabilities did not receive the most appropriate ser-vices. After the act was passed, students were entitled to receive a free andappropriate public education, designed to meet their unique needs. Theresult of this law yielded specialized programs and services. However,nowhere does the law explain what appropriate means, or use the word,inclusion. Approximately 20 years later, research indicated that these sepa-rate programs were actually excluding students with disabilities fromexposure to the general education curriculum and not preparing them forsuccessful community integration. Today’s thrust is upon inclusion, butnew concerns are already becoming evident.

Debates between teachers and administrators include topics such astime for planning and collaboration, types of supports and assessmentsgiven, modifications of curriculum, how to divide instructional time toequally provide learning for all groups of learners, behavioral concerns,and accountability issues. Often teachers are so overwhelmed by their busydays that they are unable to preplan, evaluate, and assess lessons withcooperating teachers. In the ideal world, common planning time should beallotted in both general and special education teachers’ schedules, givingthem the time to design and evaluate lessons. Consistent constructive


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review of both successful and unsuccessful teaching methodology is anintegral inclusionary factor.

Teachers are seldom unwilling to include students, but some lack thetraining or experience regarding what strategies, programs, or academicand/or behavioral scaffolding need to be provided, without sacrificingany one group of learners. State and national curricula further complicatethese issues and cause concern about taking time away from instruction ofmuch-needed skills, as well as concerns about individuality of instruction.Accountability of student performance raises the following question amongteachers, students, parents, administrators, and learners:

“Does fair mean equal?”

Outcomes and delineated standards for all students have become ournation’s goal. Several studies have revealed that in the past, schools havedisappointed former special education students. Special educationteachers now face further challenges as they try to balance and align thestandards with students’ IEP’s and the assigned curriculum.

At times, an abundance of paperwork has scared away many teachersfrom continuing in the field, since quite often their time is deducted frommuch-needed student instruction in order to comply with written IEP andprogress reports, meetings, and changes in legislation. In the attempt to“get it right,” parents, general and special education teachers, and allstudents can be frustrated by the sometimes confusing system, whichmakes it harder to focus on helping students with disabilities achieveacademic and social successes.

Inclusion is a fabulous concept, but the pragmatics involved donot always result in its proper implementation. Inclusion has sometimesresulted in exclusion. Special educators should be integral members of thelarger school community, but this is often not the case. Special educatorsand students possess the ability to make integral, productive contributionsto the classroom. All students and teachers need to be treated as equalsin both the general classroom and the whole school district. As delineatedin the collaboration chapter, special education and general educationteachers can work as partners to instruct all students in shared classrooms.

The educational goals of students with disabilities are just as valid asthose of other students. High expectations need to be developed for allstudents in the classroom, but without proper supports, children andteachers can become lost and frustrated by the system. Sometimes, won-derfully conducted research offering promising techniques seems difficultor impossible to pragmatically translate into classrooms.

General education teachers want all students to succeed, but they needmore direction and training on how to differentiate instruction withoutsacrificing any one group of students. Inclusion has sometimes danger-ously erased direct skill instruction that used to be given in separate class-rooms. PL94–142 was originally designed to provide services to students


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whose academic needs were not being met in the regular classroom. Now,unless the dynamics of the regular classroom are changed, these academic,social, cognitive, and emotional needs will still not be met. Somewhere inedutopia, a happy balance needs to be achieved.

Special education is headed in the right direction. With more fine-tuning,this transitional stage will effectively ride the current turbulent waves.Education never worked well with a one-size-fits-all philosophy. Inclusionis a great idea, if it is properly implemented, but should not be consideredthe only option, if the child’s academic and social needs are not beingmet by being placed in the general classroom. Accountability, along withappropriate identifications and interventions, is essential. Special educa-tion is an evolutionary, not a revolutionary process. Significantly reducing thebureaucracy, paperwork, and litigiousness that too often springs fromdisagreements over implementation of the law; settling school disciplineissues; and figuring out how to fund IDEA are not simple issues. Educationis a complex issue for parents, teachers, and children of all abilities.

The ultimate goal is successful outcomes for all!


COOPERATIVE LEGISLATIVE REVIEW

Directions: As a review of these readings, cooperatively answer six of the followingquestions on a separate piece of paper. Circle the question numbers you will beanswering. Each person writes the answers (true cooperative learning).

1. Describe three laws that protect persons with disabilities.

2. List 13 IDEA categories.

3. Who can benefit from a 504 plan?

4. Think of a disability scenario that the ADA is protecting.

5. Compare and contrast the benefits and pitfalls of inclusion.

6. If you could amend any of the laws, what changes would you make?

7. Where do you see special education in the next 10 years?

8. Tell how children with disabilities can benefit from inclusion.

9. How can general education teachers influence a child’s classroomsuccess?

10. Do you think special education is going in the right direction?

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Choosing questions you wish to answer empowers you as alearner. Questions are teacher-guided, but students gain somecontrol and responsibility for their learning.

IMPLICATIONS OF NO CHILD LEFT BEHIND ACT (NCLB)

In the years 2001 to 2002, the 1965 Elementary and Secondary EducationAct (ESEA) was updated and signed into law by President George W.Bush, intending to provide a better education for all children. Schoolsare now held more accountable for results, parents are given additionaloptions, and methods of teaching are being more heavily scrutinized. Theact is intended to improve the academic achievement of all students,including those from low-income schools. Some highlights, which are stillin the revision process for Title I and other schools, include the following:

• Better state assessments are being developed; educational progressis based on student-lead, longitudinal data rather than short-term, snap-shot approaches

• Current reading and math assessments for grades 3 to 8 will be inplace by the 2005-2006 school year, with achievements made in a 12-yeartime frame of AYP (Adequate Yearly Progress)

• Science assessments are administered in K-12 education in theelementary, middle, and high school levels

• Children with disabilities are included in district testing with appro-priate accommodations given

• Alternate achievement standards may be used for students with themost significant cognitive disabilities (not more than 1% of students tested)

• Student performance standards are in place for each state

• A sample of 4th and 8th graders must participate in the NationalAssessment of Educational Progress to ascertain validity of states’ programsand educational directions taken

• School report cards must be provided, indicating annual progressfrom state, district, and individual schools, starting with the 2002–2003school year

• New federal money is available to recruit more qualified teachers

• Teachers are encouraged to look at what is taught, and how it istaught, using research-based and scientifically proven methods

• Choices are given to parents and students with access to supple-mental educational services for those students attending failing schools

• Sanctions are levied for schools who do not comply with thelegislation


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NCLB Questions to Ponder

Is this a step in the right direction?

Will individual special needs students get lost in the group accountabilityshuffle, with some children actually left behind?

Can an act like this eventually replace IDEA?

What impact will sanctions have on special needs students?

Will teachers teach to the test, or can all subjects be equally balanced?

What will the educational picture look like in the next decade? IsNCLB here to stay?

(Answers may vary)

Source: www.nochildleftbehind.gov

TRANSLATING RESEARCH TOLEARNING STRATEGIES THAT WORK

Research Says . . .

“A teacher can be ten times more effective by incorporating visualinformation into a classroom discussion. . . . Our brains have morereceptors to process the images coming in than the words wehear.” (Burmark, in ASCD, 2002)

“Students need to know that they’re accepted. I had one studentwith a learning disability; everyone told him what was wrong withhim, but no one tried to help him realize what was good in him.”(Tomlinson, in ASCD, 2002)

“Students need multiple opportunities to meet standards, and thoseopportunities should include differentiated instruction, accommoda-tions and modifications, and opportunities for advanced learners.”(Harris, in ASCD, 2002)

“Can grading be a part of efforts to help all students succeed?Absolutely, when it grows from a philosophy of teaching for max-imum individual growth.” (Tomlinson, 2001)

“Optimal outcomes for children with disabilities can only occurwhen professionals create a bridge from the culture of schoolingto parents’ multifaceted perceptions of the disability.” (Lamorey,2002)


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“Teachers tended to collaborate around the curriculum as opposedto around the placement of a student. They worked very hard toensure that the students with disabilities had access to the curricu-lum and instruction, using different materials and more intensiveinstruction as necessary.” (Mc Laughlin, 2000)

“Traditionally, special education legislation has focused on com-pliance with the procedure for providing special services describedin the federal and state laws. However, the philosophy and themandates contained in the 1997 Individuals with Disabilities Act(IDEA) shifted that accountability to focus on how students aremeeting the new standards, thus increasing expectations forstudents with disabilities.” (U.S. Department of Education, 1998)

“The public wants schools to hold kids accountable, but they alsowant schools to recognize that kids are kids.” (Johnson, 2003)

“Teachers who were involved in inclusive school programs felt thatthe students with disabilities could benefit from the curriculum ofthe general education classroom if two basic changes in classroompractice were made . . . modifying the curriculum to enhance therelevancy for each student and modifying instructional tech-niques. . . . Teachers’ interviews felt that the curricular and instruc-tional changes were made possible by collaborative relationshipsdeveloped, as teachers worked together to determine methods thatcould be used to best meet the needs of all learners. . . . Specific dif-ficulties that impeded effective teaming included problems withscheduling and uncooperative teachers. The teachers commentedthat having enough time for planning is a critical aspect of effectiveteaming.” (McLesky & Waldron, 2002)

“The way to ensure that alternate assessment provides a vehiclefor learning new skills is to include students in the construction,monitoring, and evaluation of their own portfolio work. Not onlywill this process reduce the burden on teachers, but students willhave greater ownership of their own learning as they developimportant component skills to the essential, long-term outcome ofself-determination.” (Kleinert et al., 2002)

“Instructional multimedia can help with the following principles:overlearning and automaticity, mastery learning, direct instruction,cooperative learning, mnemonics and memorization skills, readingcomprehension, written composition, and study skills. . . . It incor-porates auditory and visual instructions and feedback to thelearner.” (Wissick & Gardner, 2000)

“A Principal’s Strategies for Inclusive Vision: a) locate specialeducation classrooms throughout the building, not in one wing or


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corridor; b) match students with disabilities with the appropriategeneral education teachers who will do everything possible to helpthe students learn; c) hire teachers who truly believe and practicethe philosophy that all students will learn; and d) provide theresources to promote the vision.” (Dailey & Zantal-Weiner, 2000)

“Having opportunities to make choices in academic tasks canprovide the environmental predictability needed to minimizeinappropriate behaviors of students, while strengthening appro-priate responses and increased levels of engagement. . . . Forstudents with EBD, predictability and control may be critical con-cepts and skills that are necessary for appropriately coping withthe environment.” (Jolivete et al., 2002)

“We must still go a long way toward defining what curricularaccess means for all students. We must also become more strategicand more committed to designing professional development forgeneral and special educators that promotes mutual understand-ing of standards and curricula and of how diverse students learn.Instructional planning must result in more than a sequence oflesson plans: it must become a road map for bringing a groupof students on different routes to some common destinations.”(McLaughlin, 2000)


My research says . . .

Source:

INCLUSION AND THE SPECIAL NEEDS STUDENT

When inclusion replaced the word mainstreaming, many teachers andprofessionals embraced the idea while others thought if they resisted itenough, it might go away. Mainstreaming had students included in

My Pragmatic Research Investigation

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classrooms for subjects they were more prepared for. Inclusion says, let’sinclude the students and make it work. There are no guidelines, but listedbelow are several ways students, teachers, and peers can fit in. As the bookprogresses, all of these will be delineated further, with specific curriculumclassroom applications.


Activity: Each person puts his or her name on an index card or popsicle stick that isthen randomly pulled from a hat, can, or jar to read these numbered inclusion ideas.Each number on the list can also be clapped to focus attention, thereby adding amusical/rhythmic component. This procedure establishes equity in the classroom andstops the ooh-ooh child from volunteering to read everything or answering all of thequestions. It also wakes up sleepers. In the classroom, sensitivity and variation can beused to help students with reading difficulties.

Eighteen Inclusive Principles:

1. Ask for help.

2. Differentiate content and process.

3. Work with specialists as a team to modify and adapt the curricu-lum to meet the special needs of students while allowing for flexi-bility in scheduling.

4. Teach students how to learn.

5. Get the whole class involved so that everyone is working togetherto help each other.

6. Use cooperative learning and let peers work together to developfriendships.

7. Know when to change course.

8. Increase your own disability awareness.

9. Be aware of the physical classroom setup.

10. Provide directions in written form for children with auditoryproblems and in verbal form for those with visual difficulties.

11. Teach to strengths while avoiding weaknesses to minimizefrustrations.

12. Help students with methods to organize their written work.

13. Collect files containing additional higher-level materials andactivities for students who require more challenges.

14. Allow students to work on varied assigned tasks.

15. Be aware of multiple intelligences.

16. Value opinions of parents and community.

17. Model appropriate behavior.

18. Believe in yourself and your students!

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Inclusion is . . .

Directions for Inclusion Acrostic Activity: Write a word thatdescribes inclusion next to each letter below You can use whateverwords you desire, but a suggestion for one of the “N’s” is theword, naturally. Hopefully including others can becomesomething automatic and “natural”—a way of life.

Acrostic writing is sometimes used to focus thoughts and enhancecreativity.

I

N

C

L

U

S

I

O

N aturally


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Success Stories

Whatever happened to that kid? Remember the one who wouldn’tsit still in class and kept jumping around from activity to activity, with-out completing the specified requirements? Well, that child grew up andbecame the dancer who loves to express herself through body movements.Or that child might be the CEO who supervises others, multitasking anddelegating the details to subordinates. Whatever happened to that childwho doodled all day in class? Well, that child may now be the renownedarchitect or engineer who just designed that incredible building or newprototype for that ingenious car. Maybe the fidgety child who could neversit still learned to work with her hands, create sculpture, be a chef, or evenwork as a sign language interpreter. Maybe the child who had troublemaking friends is now a guidance counselor or child psychologist. Maybethe child who has Down syndrome is now gainfully employed and haslearned to live independently. Maybe the child who couldn’t stop talkingis now a lawyer or a journalist. What about the child who could barelyread on level? Well, that child now loves audio books and has figured outhow to decipher the written word by using different learning strategies.That child also went on to college. Sure, that child might have needed aremedial reading and writing course, but with strong perseverance andsupport from friends, educators, and family, that child never gave up onher goals. That child graduated with a college diploma and is now gain-fully employed. Maybe that child never went to college, but is now takingadult education courses to learn more. Maybe that child learned a tradeand is now a whiz with computers, or maybe that child is an electrician ora plumber. Maybe that child learned to focus on her strengths and abili-ties. Maybe that child was helped by a teacher who successfully found away to include her in the classroom. Maybe that child was included insociety, not because it was the law, but because it was the right thing to do.Legislation and research support inclusion, but educators are the oneswho must support the child by turning the rhetoric into successful class-room practice.


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research base and1 legal considerations in special education€¦ · ____ 10. there are 13 specific...

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