speech/language services in public schools historical perspective of legal issues and social trends...

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Speech/Language Speech/Language Services in Public Services in Public Schools Schools Historical Perspective of Legal Historical Perspective of Legal Issues and Social Trends Issues and Social Trends impacting Service Delivery impacting Service Delivery

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Speech/Language Speech/Language Services in Public Services in Public

SchoolsSchools

Speech/Language Speech/Language Services in Public Services in Public

SchoolsSchoolsHistorical Perspective of Legal Issues Historical Perspective of Legal Issues and Social Trends impacting Service and Social Trends impacting Service

DeliveryDelivery

History of SLP Services in Schools

• Deaf Education• Early Programs in Public Schools

– “Stammering”– “Speech Correction”

• University Programs started in 1920’s to 40’s• Public Funding in 45 states by mid ’60’s• ASHA – founded in 1925 as “American Society of

Speech Correction”– By 1969 had full time staff position for school and clinical

affairs– 1971 – Language Speech and Hearing Services in Schools– 1997 – 53% of ASHA members were SLP’s working in

schools

Early Initiatives in Special Education

• 1820’s -1870’s– Federal Government established

some special schools• Blind, deaf, mentally ill

Early Initiatives in Special Education,

cont.• 1911 U.S. Bureau of Education

Survey– Special classes by cases

• Gifted – 11%• “Backward” – 25%• Physically Exceptional – 10%• “Morally Expectional, Delinquent, and

Incorrigible –17%

Early Initiatives in Special Education,

cont.• World War I and World II

– Government provided training for veterans, including disabled

– Federal involvement in education for children with disabilities.

• Long, slow process• States took the lead• Focus on vocational skills/community living skills

Early Initiatives in Special Education,

cont.• Dwight D. Eisenhower – 1958

– Public Law 85-926• The Education of Mentally Retarted

Children Act– Funds to colleges educating teachers of

mentally retarted students

• John F. Kennedy – early 60’s•President’s Committee on Mental Retardation

Education for All Handicapped Children Act of

1975 (PL 94-142)

• Established Special Ed as we know it– Provision of services– Procedural Safeguards

• FAPE• IEP• Due process• Timelines for evaluation• LRE• Access to records• Parental involvement and consent• Procedures for complaints and disagreements

– Federal funding– Child find

• Requires states to be proactive

Amendments to PL 94-142 (1986)

• Preschool Amendments– Extended age of eligibility to birth– Qualifies infants and toddlers under less

intensive criteria

• Handicapped Children’s Protection Act– Authorized awarding attorney’s fees to

families who prevail in due process lawsuits

1990 – Under George W. Bush

• PL 101-476, 1990– Renamed PL94-142 (Educating All Handicapped Children Act) to IDEA– “People First”

• “child who stutters”• “individuals with autism”

– Added areas of eligibility• In addition to speech/language impaired, mental retardation,

other/health impairment:– Traumatic Brain Injury– Autism

– Added Individualized Transition Plan– Required greater integration of students with disabilities

• Communities and schools– Required consideration and purchase of assistive technology if needed.

• ADA (PL 101-336)– Made illegal all discriminatory practices in public accommodations

Reforms – Second Wave

• Bottom up initiatives– Empowerment– Collaboration– Building the profession

Changes• Site-based management• Shared decision making on site• Increased union involvement• School choice• Partnerships with businesses and

communities• Focus on teacher preparation and

compentence

Reforms – Third Wave• Equity for children with special

needs– Disadvantaged– Drop outs– ELLs– Disabled

IDEA• Services must be provided for

disabled students – birth to 21 years• Issues arise from disproportionate

numbers served under IDEA:– Children in poverty– Children in racial and ethnic minorities

States Implement Federal Mandates

• States required to develop their own programs

• OSEP – Office of Special Education Programs– Monitors state programs– Works with SEAs – State Education

Agencies– Ensures that federal mandates are met– Continuous improvement monitoring– Focuses on outcomes

Concerns of critics:• Expense• Lack of results• Dual system of discipline

Hart and Risley (1995)• Average number of words heard per

hour:– 2,150 in professional families– 1,250 in working-class families– 620 in welfare families

• Advantaged children – twice the vocabulary as welfare children; adding vocabulary at twice the rate

IDEA 2004• 2002• Reauthorization process begins: Congress works to reform IDEA 1997• Dec. 3, 2004

– IDEA 2004 signed into law• Dec. 29, 2004

– ED solicits comments for development of regulations• ASHA members respond

– 1600 letters– Testify at regional meetings

• June 21, 2005– ED releases official notice of proposed regulations

• ASHA members respond• July 1, 2006

– Most provisions take effect• Oct. 13, 2006

– Part B final regulations take effect– Public Law No. 108-446

IDEA: After 30 years of guaranteeing free and

appropriate public education• Removed provision requiring personnel standards to

meet the highest requirement for a profession in the state– Allow use of paraprofessionals and assistants

• Appropriately trained and supervised• Not directly responsible for services

• Local Education Associations (LEAs) must take measurable steps toward highly qualified personnel– Recruit– Hire– Train– Retain

IDEA: Surgically Implanted Devices

• Not a related service:– Optimization/maintenance/replacement

• Ex. mapping cochlear implant

• Does not limit:– Related services specified by IEP team– Responsibility to monitor and maintain

medical devices needed for health and safety– Routine checking of external component of

surgically implanted device

IDEA 2004 Adds:• New section on interpreting

services– Deaf or hard of hearing– Related service– Unique needs for deaf blind

• Transcription services

IDEA: IEP• Member not required to attend if LEA and parent agree in writing

– If member’s area will be addressed:• Submit written input prior to meeting

• Encourages consolidation of re-evaluations and IEP meetings• IEPs may be amended without a meeting

– If parent and LEA agree– LEA must inform IEP team of changes made

• Short-term objectives only required for children– Who take alternate assessments

• Aligned to alternate achievement standards

• Services must be “based on peer-reviewed research to the extent practicable”

• Must include statement of how parents will be informed.– Progress towards goal– Will goals be achieved by end of the IEP year?

References• Moore-Brown, B.J. & Montgomery, J.K.

(2008). Making a Difference for America’s Children: Speech-Language Pathologists in Public Schools. Eau Claire, WI: Thinking Publications.

• IDEA: A Supplement to the ASHA Leader. (2006). The ASHA Leader, 11(14) 27-30.