Chapter 2 Children with Exceptionalities and Social Institutions: Government, Schools, and the Courts © 2015 Cengage Learning. All rights reserved.

Societal Responses to Children with Exceptionalities Rejection -> Charitable Isolation -> Contributing Members of Society Pre-WWII: Limited services for some children with sensory disabilities or physical impairments provided by some states Post-WWII: Expansion in services to other disability categories; problem of personnel scarcity and variation in services from state to state © 2015 Cengage Learning. All rights reserved.

The Role of Government Legislation is a vehicle for change. Legislation means a legal requirement for educators to follow. Federal legislation went against the American tradition of education being the responsibility of state and local governments. Parents’ groups were instrumental in pushing for federal legislation. © 2015 Cengage Learning. All rights reserved.

Public Law PL was passed in 1963 Authorized funds for training professionals Authorized funds for research and for demonstration of best practices for children with IDD and deafness © 2015 Cengage Learning. All rights reserved.

Public Law PL was passed in 1975; also known as the Education for All Handicapped Children Act. Designed to assure a FAPE (free appropriate public education) for all children, including those with exceptionalities. Included requirements for assessment, parental contact, and student evaluation. © 2015 Cengage Learning. All rights reserved.

Education for All Handicapped Children Act Zero Reject Nondiscriminatory Evaluation Individualized Education Program (IEP) Least Restrictive Environment Due Process Parental Participation © 2015 Cengage Learning. All rights reserved.

Public Law Passed in 1986; amended the Education for All Handicapped Children Act Provided services for children birth to school age. Title changed to Individuals with Disabilities Act (IDEA) © 2015 Cengage Learning. All rights reserved.

IDEA 2004 IDEA 2004 reauthorized PL ; strengthened and improved earlier versions Quality of Personnel IEP Standards Transition Planning Provided funding for special education supports such as professional training © 2015 Cengage Learning. All rights reserved.

Access Legislation Section 504 of the Rehabilitation Act of 1973 (PL ) Americans with Disabilities Act of 1992 (PL ) © 2015 Cengage Learning. All rights reserved.

No Child Left Behind (PL ) Passed in 2001; not specifically targeting exceptional children Requires testing to ensure all students meet standards; goal of 100% proficiency Problematic for many students with exceptionalities who are unable to gain an academic year of growth Failure to meet this standard has consequences for students, teachers, and schools. © 2015 Cengage Learning. All rights reserved.

American Recovery and Reinvestment Act of 2009 Legislation designed for economic stimulus Funding provided to states under IDEA – one time funds directed at special programs including improving early identification and intervention services © 2015 Cengage Learning. All rights reserved.

Javits Act (PL ) One of the few pieces of legislation to address students with special gifts and talents Provided funds for research and demonstration programs targeting students from economically disadvantaged backgrounds, who are physically disabled, or who are culturally diverse © 2015 Cengage Learning. All rights reserved.

Role of the Courts Courts rule on the interpretation of laws Courts provide a recourse when rights are violated – Brown vs. Board of Education 1972 – Pennsylvania Association for Retarded Children (PARC) vs. Commonwealth of Pennsylvania Class action lawsuits mean one case affects all individuals in a “class” (such as children with exceptionalities). © 2015 Cengage Learning. All rights reserved.

Cases Supporting the Right to a FAPE 1972: Mills v. Board of Education 1972: Wyatt v. Stickney 1979: Larry P. v. Riles 1979: Jose P. v Amback 1982: Board of Education v. Rowley Post Rowley Period © 2015 Cengage Learning. All rights reserved.

Inclusion and Funding Related Court Cases The 1990s saw an increase in cases addressing the issue of inclusion and least restrictive environment. Rulings have been mixed in supporting inclusion or a continuum of services. Also more cases in recent history regarding services for students with autism. © 2015 Cengage Learning. All rights reserved.

Cases Regarding Appropriate Special Education Services Recently, court cases have focused on the question of whether or not a student’s IEP was correctly designed or implemented. Some cases of “predetermination” where the school decided what to do prior to consulting parents – a violation of proper procedure. © 2015 Cengage Learning. All rights reserved.

Courts and Parental Involvement Courts have repeatedly endorsed the participation of parents in the FAPE their child receives. © 2015 Cengage Learning. All rights reserved.

Schools as Social Institutions Five tasks facing schools: Finding the child with special needs Identifying and specifying the special needs Organizing programming to meet those needs Proving that this programming works Facilitating a transition to the community Trend toward accountability: Are educators doing what they said they would do? Balance between individualized instruction and access to the general curriculum © 2015 Cengage Learning. All rights reserved.

Key Elements to Help Schools Reach High Expectations From McNulty and Gloeckler (2011): Ownership High expectations Intervention systems Inclusion/collaborative teaching Organizational/professional development Incorporating these can help schools meet the needs of ALL students. © 2015 Cengage Learning. All rights reserved.

Finding the Child with Special Needs Students are referred for special education services for many reasons; most frequently by a teacher who feels the child differs significantly from his peers in a way affecting learning Screening tests administered to all students in the early grades may also be a basis for referral Pre-referral committees help establish if the child is simply having difficulty adjusting or if his difficulties warrant further evaluation © 2015 Cengage Learning. All rights reserved.

Planning for Children with Special Needs Instruction can be adapted to meet the needs of students with exceptionalities in several ways: Adapting the learning environment Adapting the curriculum Adapting teaching strategies Adapting assistive and instructional technology © 2015 Cengage Learning. All rights reserved.

Assessing and Planning for Individual Needs Organizational Changes: change the learning environment and the personnel Instructional Changes: change the curriculum and instructional strategies Individualized Education Program (IEP) – contract outlining student’s individualized needs and a plan for action IEPs are written by teams including school personnel and the child’s parents/guardians © 2015 Cengage Learning. All rights reserved.

Features of the IEP Present levels of performance Annual goals Goal assessment Special education and related services Program modifications or supports Inclusion statement Transition plan when appropriate BIP when appropriate © 2015 Cengage Learning. All rights reserved.

Adapting the Learning Environment Inclusion – An educational philosophy based on the idea that children with exceptionalities should be a part of the general education environment Least-restrictive environment – the educational concept that children with exceptionalities should be educated in the setting that maximizes the chances that they will meet educational goals. © 2015 Cengage Learning. All rights reserved.

Identifying Special Needs The Information Processing Model can be useful in identifying a student’s special needs © 2015 Cengage Learning. All rights reserved.

Collaboration and Support Services Educating students with exceptionalities is a team game! Co-teaching/team-teaching – special education teacher and general classroom teacher collaboratively teach ALL students in an inclusive classroom. Support services support and prepare teachers to meet the needs of all students. © 2015 Cengage Learning. All rights reserved.

Curriculum and Instruction Common Core State Standards (CCSS) – skills and knowledge expected from K-12 students; what are the implications for students with exceptionalities? Strengths based approach UDL (Universal Design for Learning) Multiple ways to access information Multiple methods of interacting with information Multiple ways to demonstrate understanding © 2015 Cengage Learning. All rights reserved.

Technological Assistance Assistive Technology: designed primarily to allow the student with exceptionalities to gain access to information. Examples: hearing aids, communication boards, pencil grips, audiobooks Instructional Technology: developed primarily as a means to deliver content and instruction in an appropriate manner to students with exceptionalities Examples: computer learning programs © 2015 Cengage Learning. All rights reserved.

Cultural Differences and Exceptionalities Cultural and language biases in assessment Potential misunderstandings between school and home culture The RtI model may address inadequacies in screening for culturally or linguistically diverse students and can provide supports for students who are struggling academically but do not qualify for services. © 2015 Cengage Learning. All rights reserved.

Accountability How do we assess the effectiveness of special education programs? Assessment in RtI Tier I: universal screening; diagnostic testing Tier II & III: progress monitoring High-stakes testing – concern over student expectations Performance assessment Authentic assessment © 2015 Cengage Learning. All rights reserved.

Transition to Work or Advanced Education Transition services included in the IEP of all students 16 and up. Transition services are designed to help students move from school to either work or advanced education. © 2015 Cengage Learning. All rights reserved.