from closets to classrooms
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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
Yell / The Law and Special Education, Second EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
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
Yell / The Law and Special Education, Second EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
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)
Yell / The Law and Special Education, Second EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
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-
Yell / The Law and Special Education, Second EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
Critical Event #3
Right to Education Cases
Critical Event #3
Right to Education Cases
Yell / The Law and Special Education, Second EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
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)
Yell / The Law and Special Education, Second EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
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
Yell / The Law and Special Education, Second EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
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.
Yell / The Law and Special Education, Second EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
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
Yell / The Law and Special Education, Second EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
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
1997 The Individuals with Disabilities Education Act
Amendments of 1997
1986 The Handicapped Children’s Protection Act The Infants & Toddlers with Disabilities Act
1990 The Individuals with Disabilities Education Act
1997 The Individuals with Disabilities Education Act
Amendments of 1997
Yell / The Law and Special Education, Second EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
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)
Yell / The Law and Special Education, Second EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
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)
Yell / The Law and Special Education, Second EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
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?
Yell / The Law and Special Education, Second EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
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)
Yell / The Law and Special Education, Second EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
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
Yell / The Law and Special Education, Second EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
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
Yell / The Law and Special Education, Second EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
Critical Event #6
The No Child Left Behind Act of 2001
Critical Event #6
The No Child Left Behind Act of 2001
Yell / The Law and Special Education, Second EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
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)
Yell / The Law and Special Education, Second EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
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)
Yell / The Law and Special Education, Second EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
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,
Yell / The Law and Special Education, Second EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
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
Yell / The Law and Special Education, Second EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
Critical Event #8
The Individuals with Disabilities Education Improvement Act
of 2004
Critical Event #8
The Individuals with Disabilities Education Improvement Act
of 2004
Yell / The Law and Special Education, Second EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
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
Yell / The Law and Special Education, Second EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
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
Yell / The Law and Special Education, Second EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
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
Yell / The Law and Special Education, Second EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved
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.
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?