Chapter 5: Exceptionality Donna M. Gollnick and Philip C. Chinn Merrill/Prentice Hall (2009) Multicultural Education in a Pluralistic Society 8th Edition Gollnick & Chinn Multicultural Education in a Pluralistic Society 8th Edition ISBN: Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved. 1

2 Early Treatment In earlier periods of history, individuals with disabilities were killed or left to die because they were viewed as nonproductive and expendable. Society tended to treat those with disabilities much like other oppressed minority groups. As late as the 1970s, many of those with disabilities, particularly with moderate to severe disabilities, were institutionalized. Placed in institutions often far from their families, they were often forgotten. Gollnick & Chinn Multicultural Education in a Pluralistic Society 8th Edition Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.

3 Exceptional Students Exceptional Students are those students with disabilities, and those who are gifted and talented, who may require special education services in school to reach their full educational potential. Special education is “the educational programming designed to meet the unique learning and developmental needs of a student who is exceptional.” Gollnick & Chinn Multicultural Education in a Pluralistic Society 8th Edition Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.

4 Individuals with Disabilities Individuals with disabilities are expected to subordinate their interests and desires to the goals of programs decreed for them by professionals who provide services to them. Federal laws provide for the basic civil rights for individuals with disabilities, but the laws cannot prevent ignorance or insensitivity. Gollnick & Chinn Multicultural Education in a Pluralistic Society 8th Edition Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.

5 Brown v. Board of Education The 1954 U.S. Supreme Court decision in Brown v. Board of Education addressed segregation of African American students. Brown became the basis for almost all special education right-to-education litigation. Gollnick & Chinn Multicultural Education in a Pluralistic Society 8th Edition Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.

6 Brown v. Board of Education: Implications The U.S. Supreme Court determined in Brown that if a state provides a free education for its citizenry, a property right of an education is established. The U.S. Constitution prohibits the deprivation of life, liberty, or property without due process. Gollnick & Chinn Multicultural Education in a Pluralistic Society 8th Edition Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.

7 Pennsylvania Association for Retarded Children (PARC) v. Commonwealth of Pennsylvania Using the Brown decision, attorneys argued that having undertaken a free public education for the children of Pennsylvania, the state could not deny children with mental retardation the same. The earlier students with mental retardation are provided education, the greater the amount of learning that can be predicted. Gollnick & Chinn Multicultural Education in a Pluralistic Society 8th Edition Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.

8 PARC Rulings The Federal District Court ruled in favor of the plaintiffs. All children between ages 6 and 21 must be provided free public education. The court indicated that children with mental retardation are to be educated in programs most like those for their peers without disabilities. Gollnick & Chinn Multicultural Education in a Pluralistic Society 8th Edition Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.

9 Mills v. Board of Education This case was a class action suit for 18,000 out-of- school children with disabilities in the District of Columbia. The children’s disabilities included behavior problems, hyperactivity, epilepsy, mental retardation, and physical impairments. Brown was also used as the plaintiff’s argument. The court mandated that the school district provide all children with disabilities a public-supported education. Gollnick & Chinn Multicultural Education in a Pluralistic Society 8th Edition Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.

10 Mills Decision The school district was ordered to provide due process safeguards. The court outlined due process procedures for labeling, placement, and exclusion. Procedural safeguards include right to appeal, right of access to records, and written notice of all stages of the process. Gollnick & Chinn Multicultural Education in a Pluralistic Society 8th Edition Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.

11 Legislation Most federal and state right-to-education laws are based on prior litigation (PARC, Mills, and others) giving educational rights to individuals with disabilities. The two earlier and most prominent pieces of legislation include Section 504 of P.L and P.L (the Education for All Handicapped Children Act). Gollnick & Chinn Multicultural Education in a Pluralistic Society 8th Edition Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.

12 Section 504 of P.L Section 504 was enacted as part of the Vocational Rehabilitation Act of Section 504 was the counterpart to the Civil Rights Act of 1964 (prohibiting discrimination based on race or national origin) and Title IX of the Education Amendments of 1972 (prohibiting discrimination based on gender). Gollnick & Chinn Multicultural Education in a Pluralistic Society 8th Edition Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.

13 Section 504 “No otherwise qualified handicapped individual in the United States... shall, solely by reason of his (or her) handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” Gollnick & Chinn Multicultural Education in a Pluralistic Society 8th Edition Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.

14 Section 504 Section 504 includes a civil rights provision prohibiting discrimination against America’s individuals with disabilities. Section 504 requires physical access in buildings for individuals with disabilities. Students not qualifying under IDEA definitions, may qualify under Section 504 if significant learning problems exist affecting school performance. Gollnick & Chinn Multicultural Education in a Pluralistic Society 8th Edition Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.

15 P.L In 1975 Congress passed Public Law , naming it the Education for All Handicapped Children Act (EHA, or EHCA). This law permanently changed the face of education in the United States. Gollnick & Chinn Multicultural Education in a Pluralistic Society 8th Edition Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.

16 Public Law Principles for students ages 3-21: Zero reject A free and appropriate education for all children with disabilities Procedural safeguards to protect the rights of the students and their parents Education in the least restrictive environment Individualized educational programs Parental involvement in educational decisions related to their children with disabilities Gollnick & Chinn Multicultural Education in a Pluralistic Society 8th Edition Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.

17 Individuals with Disabilities Education Act (IDEA) P.L was reauthorized and amended five times. In 1990 Congress renamed the law the Individuals with Disabilities Education Act (IDEA). The most recent reauthorization occurred in December Since 1990, emphasis has been on the individual first and disability second. (For example, “student with learning disabilities” is preferred over “learning- disabled student.”) Gollnick & Chinn Multicultural Education in a Pluralistic Society 8th Edition Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.

18 Components of IDEA, Since 1990 Students must have a Transition Plan in place, in their IEP, by age 16. Autism and Traumatic Brain Injury were added as separate categories of disability. Mediation allows parents a stronger voice and role should disagreements about a child’s IEP take place. Students with disabilities are ensured access to the general education curriculum. Key provisions are aligned with No Child Left Behind. Gollnick & Chinn Multicultural Education in a Pluralistic Society 8th Edition Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.

19 Public Law : Americans with Disabilities Act (ADA) Congress passed the ADA in 1990 because Section 504 was not sufficient and did not end discrimination for adults with disabilities. The ADA guarantees access to all aspects of life— not just those that are federally funded (as with Section 504)—to individuals with disabilities. Gollnick & Chinn Multicultural Education in a Pluralistic Society 8th Edition Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.

20 ADA Requirements The ADA supports and extends Section 504 by providing adults with disabilities greater access to employment and participation in everyday activities. The Act requires that new public transportation must be accessible to persons with disabilities. Gollnick & Chinn Multicultural Education in a Pluralistic Society 8th Edition Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.

21 ADA Protections The ADA gives civil rights protection to individuals with disabilities similar to that provided to other individuals by the Civil Rights Act of 1964 and Title IX. It also includes those with HIV and AIDS. It protects those with a record of disability. The Act guarantees equal opportunity in public accommodations, employment, transportation, state and local government services, and telecommunications. Gollnick & Chinn Multicultural Education in a Pluralistic Society 8th Edition Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.

22 Society’s View of Disability  Society’s view of people with disabilities parallels the media portrayal of these individuals.  The media portrayal is as (1) children or childlike, with severe mental retardation or obvious physical stigmata or (2) persons with crippling conditions in wheelchairs or on crutches. Gollnick & Chinn Multicultural Education in a Pluralistic Society 8th Edition Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.

23 Societal Values  Society places great value on the “body beautiful” and the “body whole.”  We value athletes, movie stars, and other “beautiful” people.  Those not meeting minimal standards can suffer social rejection.  Society views disability as incompatible with adult roles. Gollnick & Chinn Multicultural Education in a Pluralistic Society 8th Edition Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.

24 Society’s Perception of Individuals with Disabilities  Disability dominates our perception of the individual’s social value.  Although the terms are now politically incorrect, we still hear “blind man,” “deaf woman,” and “retarded kid”—terms that emphasize the disability before the person.  Stereotypes of individuals with disabilities deny them a place in society, limiting their social and economic equality. Gollnick & Chinn Multicultural Education in a Pluralistic Society 8th Edition Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.

25 Exceptional Cultural Groups They often find comfort and security with each other in exceptional cultural groups. Individuals with visual and hearing impairments are the most likely to form their own cultural groups. Gollnick & Chinn Multicultural Education in a Pluralistic Society 8th Edition Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.

26 Disproportionate Placements  Disproportionate placement of students of color in classes for students with disabilities is among the biggest problem areas in special education.  The disproportion is greatest among African American males who are placed in classes for students with mental retardation and severe emotional disturbances.  American Indian students are overrepresented in some disability categories, as are Hispanics in some states and Native Hawaiians in Hawaii. Gollnick & Chinn Multicultural Education in a Pluralistic Society 8th Edition Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.

27 Contributing Variables  Incongruent values and backgrounds between students and teacher result in overreferrals.  Students referred to special education are primarily African American males from lower socioeconomic status backgrounds.  Teachers making referrals are primarily white, female, and middle class. Gollnick & Chinn Multicultural Education in a Pluralistic Society 8th Edition Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.

28 Other Contributing Variables  Bias in  Test instruments  Testing process  Interpretation of test results  Placement after testing  Poverty resulting in  Poor pre- and postnatal care  Poor nutrition  Poor environmental conditions (exposure to lead poisoning, for example)  Lack of adequate stimulation  Poor schools Gollnick & Chinn Multicultural Education in a Pluralistic Society 8th Edition Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.

29 Educating Students with Exceptionalities They are more like, than unlike, other students. They should be assisted to become proficient at whatever they are capable of doing. They have the same basic needs as other children: communication, acceptance, and freedom to grow. Gollnick & Chinn Multicultural Education in a Pluralistic Society 8th Edition Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.

30 Normalization and Inclusion  Normalization: Making regular experiences and ways of life available to people with disabilities.  Least-restrictive environment (LRE) is a key component of IDEA, with placement in a setting closest to a regular or general education as is feasible for each student with a disability.  Inclusion: Allowing students with disabilities to be educated in general education classrooms. Based on the general education classroom being the least restrictive environment for most, if not all, students. Inclusion is not federally mandated. LRE, however, is. Gollnick & Chinn Multicultural Education in a Pluralistic Society 8th Edition Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.

31 Full Inclusion  Current trends within special education are toward inclusive placements in general education classes.  There are also increasing numbers of full- inclusion placements, with full-day placement within all general education classes regardless of the type of disability or degree of disability. Gollnick & Chinn Multicultural Education in a Pluralistic Society 8th Edition Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.

32 Supporters of Full Inclusion  For many or most supporters, full inclusion is more a moral and ethical issue of desegregation than academic efficacy.  They view segregation of children with disabilities as immoral and unethical as segregation of students because of race. Gollnick & Chinn Multicultural Education in a Pluralistic Society 8th Edition Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.

33 Questioning Full Inclusion  Some supporters question the appropriateness of full inclusion for all children with disabilities regardless of the type or degree of disability.  Concerns are raised over some students with such severe disabilities that nothing is gained academically and little socially.  Some argue that inclusion of students with disabilities is a disrupting influence to other students. Gollnick & Chinn Multicultural Education in a Pluralistic Society 8th Edition Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.

34 Is it Possible? Serving students with disabilities in general education environments would be possible for most students with disabilities if: schools and teachers have adequate resources. all teachers and specialists received adequate training. federal and state funding was at appropriate levels (federal funding is currently at 18% of what was/is promised in the legislation). Courts will not support inadequate funding as a reason not to provide students with inclusive education. Gollnick & Chinn Multicultural Education in a Pluralistic Society 8th Edition Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.