from closets to classrooms

From Closets to Classrooms:A Historical View Of Special Education

From Closets to Classrooms:A Historical View Of Special Education

Ms. Sara VanAbel

ED361 Winter 2008Ms. Sara VanAbel

ED361 Winter 2008

Why Legislation?BEFORE & AFTER

Why Legislation?BEFORE & AFTER

1950-1960’s Not many options Perceptions Social Pressures

1950-1960’s Not many options Perceptions Social Pressures

NOW-2008 Early intervention

0-3 preprimary programs.

Hospital visits FAPE Not only is it

available, it is the law.

NOW-2008 Early intervention

0-3 preprimary programs.

Hospital visits FAPE Not only is it

available, it is the law.

The History of Special Education Law

The History of Special Education Law

Yell / The Law and Special Education, Second EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved

Critical Event #1

Heroic Individual and Group Efforts

Critical Event #1

Heroic Individual and Group Efforts


Early DevelopmentEarly Development Compulsory attendance laws The exclusion of students with

disabilities Parental advocacy

Council for Exceptional Children, 1922

Cuyahoga Council for Retarded Children, 1933

National Association for Retarded Citizens (The ARC), 1950

Compulsory attendance laws The exclusion of students with

disabilities Parental advocacy

Council for Exceptional Children, 1922

Cuyahoga Council for Retarded Children, 1933

National Association for Retarded Citizens (The ARC), 1950


Critical Event #2

Brown v. Board of Education, 347 U.S. 483 (1954)

Critical Event #2

Brown v. Board of Education, 347 U.S. 483 (1954)


Brown v. Board of Education

“In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right that must be available to all on equal terms.”

-Chief Justice Earl Warren-


Critical Event #3

Right to Education Cases

Critical Event #3

Right to Education Cases


The Seminal Cases

Pennsylvania Association for Retarded Children (PARC)v.

Pennsylvania(343 F.Supp, 279, E.D. PA, 1972)

Millsv.

District of Columbia Board of Education(348 F.Supp, 869, D.D.C. 1972)


Early Federal InvolvementEarly Federal Involvement The Elementary and Secondary

Education Act of 1965 The Education of the Handicapped Act

of 1970 Section 504 of the Rehabilitation Act of

1973 The Education Amendments of 1974

The Elementary and Secondary Education Act of 1965

The Education of the Handicapped Act of 1970

Section 504 of the Rehabilitation Act of 1973

The Education Amendments of 1974


Critical Event #4

The Education for All Handicapped Children Act

of 1975 (P.L. 94-142)

Critical Event #4

The Education for All Handicapped Children Act

of 1975 (P.L. 94-142)Yell / The Law and Special Education, Second EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved

Six Principles of IDEASix Principles of IDEAPrinciple of IDEA RequirementZero Reject Locate, identify, & provide services to all eligible

students with disabilities

Protection in Evaluation Conduct an assessment to determine if a student has an IDEA related disability and if he/she needs special education services

Free Appropriate Public Education Develop and deliver an individualized education program of special education services that confers meaningful educational benefit.

Least Restrictive Environment Educate students with disabilities with nondisabled students to the maximum extent appropriate.

Procedural Safeguards Comply with the procedural requirements of the IDEA.

Parental Participation Collaborate with parents in the development and delivery of their child’s special education program.


Focus of EAHCAFocus of EAHCA To ensure access to public education

for students with disabilities

To ensure access to public education for students with disabilities


Reauthorizations of the EAHCA

Reauthorizations of the EAHCA

1986 The Handicapped Children’s Protection Act The Infants & Toddlers with Disabilities Act

1990 The Individuals with Disabilities Education Act


Amendments of 1997

1986 The Handicapped Children’s Protection Act The Infants & Toddlers with Disabilities Act



Amendments of 1997


Critical Event #4

Board of Education v. Rowley 458, U.S. 176 (1982)

Critical Event #4

Board of Education v. Rowley 458, U.S. 176 (1982)


Free Appropriate Public Education

Free Appropriate Public Education

“We hold that the state satisfies the FAPE requirement by providing personalized instruction with sufficient support services to permit the child to benefit educationally from that instruction” (Rowley, pp. 203-204)

“We hold that the state satisfies the FAPE requirement by providing personalized instruction with sufficient support services to permit the child to benefit educationally from that instruction” (Rowley, pp. 203-204)


The Rowley Twofold Inquiry

Has the state complied with the procedures in the act?

Is the IEP reasonably calculated to enable the child to receive educational benefits?


Critical Event #5

The Individuals with Disabilities Education Act

Amendments of 1997(IDEA '97)

Critical Event #5

The Individuals with Disabilities Education Act

Amendments of 1997(IDEA '97)


The IDEA Amendments of 1997

The IDEA Amendments of 1997

The underlying theme of IDEA '97 was to improve the effectiveness of special education by requiring demonstrable improvements in the educational achievement of students with disabilities

The underlying theme of IDEA '97 was to improve the effectiveness of special education by requiring demonstrable improvements in the educational achievement of students with disabilities


Goal of IDEA '97Goal of IDEA '97 “To move to the next step in

providing special education: To improve and increase educational achievement of students with disabilities” H.R. 105-95

“To move to the next step in providing special education: To improve and increase educational achievement of students with disabilities” H.R. 105-95


Critical Event #6

The No Child Left Behind Act of 2001

Critical Event #6

The No Child Left Behind Act of 2001


NCLB AccountabilityNCLB Accountability NCLB focuses on:

a. Increasing the academic achievement of all public school students

b. Improving the performance of low-performing schoolsc. Requiring schools to adopt scientifically based

instructional practices NCLB accomplishes this by:

a. Requiring states to measure the progress of students and groups of students, including students with disabilities, every year

b. Reporting the results of these measures to parentsc. Requiring states to set proficiency standards that

schools must attain within a set period of time

NCLB focuses on:

a. Increasing the academic achievement of all public school students

b. Improving the performance of low-performing schoolsc. Requiring schools to adopt scientifically based

instructional practices NCLB accomplishes this by:

a. Requiring states to measure the progress of students and groups of students, including students with disabilities, every year

b. Reporting the results of these measures to parentsc. Requiring states to set proficiency standards that

schools must attain within a set period of timeYell / The Law and Special Education, Second EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved

Important Things to Understand About NCLB

Important Things to Understand About NCLB

NCLB is a reaction to low academic achievement in America’s students

NCLB is sweeping legislation that will exert a profound influence on education

NCLB recognizes and embraces science NCLB will affect the ways that universities prepare

teachers and teachers teach their students NCLB is here to stay (although there will be

modifications to the law)

NCLB is a reaction to low academic achievement in America’s students

NCLB is sweeping legislation that will exert a profound influence on education

NCLB recognizes and embraces science NCLB will affect the ways that universities prepare

teachers and teachers teach their students NCLB is here to stay (although there will be

modifications to the law)


Critical Event #7

President’s Commission on Excellence in Special Education: A new era: Revitalizing special education for children and their

families (11/2/01)

Critical Event #7

President’s Commission on Excellence in Special Education: A new era: Revitalizing special education for children and their

families (11/2/01)


Major FindingsMajor Findings1. Process and compliance are often placed above

results2. The wait-to-fail model of special education prevents

prevention3. Lack of scientifically based approaches in general

education results in inappropriate placements4. A culture of compliance results in too much attention

has been diverted from the first mission of schools: educating every child

5. Many of the current methods of identifying children with disabilities lack validity & many children are misidentified

6. The current system does not always embrace evidence-based practices,

1. Process and compliance are often placed above results

2. The wait-to-fail model of special education prevents prevention

3. Lack of scientifically based approaches in general education results in inappropriate placements

4. A culture of compliance results in too much attention has been diverted from the first mission of schools: educating every child

5. Many of the current methods of identifying children with disabilities lack validity & many children are misidentified

6. The current system does not always embrace evidence-based practices,


Major RecommendationsMajor Recommendations

1. Focus on results—not on process: The IDEA must retain the legal and procedural safeguards necessary to guarantee a FAPE while providing opportunities and improved student outcomes

2. Embrace a model of prevention not a model of failure: Special education must move toward early identification and swift intervention using scientifically based instruction and teaching methods

3. Consider children with disabilities as general education children first: General and special education must work together to provide effective teaching because both systems share responsibilities for children with disabilities

1. Focus on results—not on process: The IDEA must retain the legal and procedural safeguards necessary to guarantee a FAPE while providing opportunities and improved student outcomes

2. Embrace a model of prevention not a model of failure: Special education must move toward early identification and swift intervention using scientifically based instruction and teaching methods

3. Consider children with disabilities as general education children first: General and special education must work together to provide effective teaching because both systems share responsibilities for children with disabilities


Critical Event #8

The Individuals with Disabilities Education Improvement Act

of 2004

Critical Event #8

The Individuals with Disabilities Education Improvement Act

of 2004


Focus of IDEA 2004Focus of IDEA 2004 To increase the academic achievement of

students in special education Focus on writing measurable goals and actually

measuring them Focus on progress monitoring

To increase accountability for results To streamline the special education process

To increase the academic achievement of students in special education Focus on writing measurable goals and actually

measuring them Focus on progress monitoring

To increase accountability for results To streamline the special education process


Challenges to Special Education

Challenges to Special Education

Conduct relevant assessments of students’ educational needs

Implement research-based instructional programming, based on these assessments, that confers meaningful educational benefit

Monitor students’ progress using data- based formative evaluation systems

Conduct relevant assessments of students’ educational needs

Implement research-based instructional programming, based on these assessments, that confers meaningful educational benefit

Monitor students’ progress using data- based formative evaluation systems


Changes in Special Education LawChanges in Special Education Law• Heroic Individual and Group Efforts

• The Education for All Handicapped Children Act of 1974

• The Individuals with Disabilities Education Act of 1990

• The Individuals with Disabilities Education Act Amendments of 1997

• The Individuals with Disabilities Education Improvement Act of 2004

Issues of Access

Issues of Quality


MainstreamingMainstreaming

Many professionals and parents confuse the term Mainstreaming with Inclusion.

Mainstreaming is basically including a student in a regular education class as a visitor or on a trial basis. (e.g., The adapted physical education teacher

occasionally takes the student with disabilities down to the regular physical education class to participate in games or exercises; or the child in the self contained classroom is invited down to the regular classroom for snacks or movie day.)

Many professionals and parents confuse the term Mainstreaming with Inclusion.

Mainstreaming is basically including a student in a regular education class as a visitor or on a trial basis. (e.g., The adapted physical education teacher

occasionally takes the student with disabilities down to the regular physical education class to participate in games or exercises; or the child in the self contained classroom is invited down to the regular classroom for snacks or movie day.)

InclusionInclusion

Full Inclusion- Full inclusion is a philosophical movement based upon the notion that all students, regardless of the level or type of disability, should be educated entirely in the same general education classrooms as their same-age peers.

Inclusion-the student is on the rolls as a member of the class and is functioning there with all needed supports under the general education curriculum.

Full Inclusion- Full inclusion is a philosophical movement based upon the notion that all students, regardless of the level or type of disability, should be educated entirely in the same general education classrooms as their same-age peers.

Inclusion-the student is on the rolls as a member of the class and is functioning there with all needed supports under the general education curriculum.

Labels and Person FirstLabels and Person First

Always speak using the person first.

I have a student with a learning disability.

NOT I have a learning

disabled student.

Always speak using the person first.

I have a student with a learning disability.

NOT I have a learning

disabled student.

http://www.kidstogether.org/pep-1st.htm

http://www.kidstogether.org/pep-1st.htm

Disability CategoriesDisability Categories

Autism Deafness Deaf-blindness Emotional disturbance Hearing Impairments Mental Retardation Multiple disabilities

Autism Deafness Deaf-blindness Emotional disturbance Hearing Impairments Mental Retardation Multiple disabilities

Orthopedic impairments Other health impairments Specific Learning disabilities Speech or Language

impairments Traumatic Brain injury Visual impairments, including

blindness

Orthopedic impairments Other health impairments Specific Learning disabilities Speech or Language

impairments Traumatic Brain injury Visual impairments, including

blindness

Other areasOther areas

ESL or Cultural diversity

At-risk students Gifted and talented

ESL or Cultural diversity

At-risk students Gifted and talented

Continuum of ServicesContinuum of Services

General Education ClassroomGeneral Education Classroom

Consultation Services Co-Teaching

Consultation Services Co-Teaching

Resource RoomResource Room

Students spend over 1/2 their day in GE Reading Math Study Skills Core content support

Students spend over 1/2 their day in GE Reading Math Study Skills Core content support

Self-Contained ClassroomSelf-Contained Classroom

Students spend most (over 1/2) their day Usually just leave for nonacademic

courses ie. Art, music, PE, shop, cooking, etc.

Paraprofessionals do some of the instruction

Students spend most (over 1/2) their day Usually just leave for nonacademic

courses ie. Art, music, PE, shop, cooking, etc.

Paraprofessionals do some of the instruction

Special ProgramsSpecial Programs

Goodwill, vocational training, group homes, etc.

Goodwill, vocational training, group homes, etc.

Related ServicesRelated Services

Speech and Language Occupational Therapy Physical Therapy

Speech and Language Occupational Therapy Physical Therapy

What does this mean to you?What does this mean to you?