Chapter 2
Policies, Practices, and Programs
Disability Litigation Begins
Case
Brown v. Board of
Education
Diana v. State Board
of Education
PARC
Date
Importance
1954
no segregation by race - cannot be
excluded from school
class placement – students tested in
primary language
Guaranteed special education for children
with mental retardation
1970
1972
Mills v. Board of
Education
1972
Extended the right to special education to
children of all disabilities
Larry P. v. Riles
1972
Tests used for eligibility for special
education must be non-discriminatory;
class placement parallel to “Diana” for
African American – only in Ca.
The Education for All Handicapped
Children Act (PL 94-142)
• President Gerald Ford, 11/29/1975
• “ Bill of Rights” for children with
exceptionalities
• Six major components
• Preschool Incentive Grants
• Evaluation of children from birth to age 21
• Exact count of children served
PL 94-142 & the Big Six
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Free and appropriate public education
Least restrictive environment
Individualized education program
Procedural due process
Nondiscriminatory assessment
Parental participation
LRE
• Least Restrictive Environment
– Education of children with disabilities to the
maximum extent possible with students
without disabilities
– Placement must be consistent with
educational needs
IEP
• Individualized Education Plan
– Individually tailored educational plan
developed in conjunction with the parents or
guardians
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Present level of performance
Annual goals
Instructional objectives
Degree of participation in general education
Dates of initiation of services
Annual evaluation
FAPE
• Free and Appropriate Public Education
– Zero reject policy
– Education according to unique needs
– No cost to parent or guardian
– Concept of related services in order to benefit
from special education
Designing the IEP
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Present levels of performance
Statement of annual goals & measurement
Short term instructional objectives
Related services, program modifications,
supports, explanation of LRE choice
• State/district wide assessment status
• Service: initiation, duration, location, frequency
• Transition
Individualized Family Service Plan
(IFSP)
• Statement of infant or toddler’s
– Physical, cognitive, communication,
social/emotional/ and adaptive development
levels
– Major outcomes expected to be achieved
– Specific early intervention services, their
environment, and timelines
– Name of service coordinator, initiation and
duration of services, transitioning elements
DUE PROCESS
• Procedural Due Process
– Parent/guardian safeguards and rights
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Confidentiality
Examination of all records
To obtain an independent evaluation
Notification of proposed changes to the IEP or
placement must be in writing
• Pertinent correspondence in parent’s native
language
• Impartial hearing and representation by legal
counsel
NON DISCRIMININATORY
ASSESSMENT
• Evaluation
– By a multidisciplinary team
– In all areas of suspected disability
– With tests that are neither culturally,
linguistically, or racially biased
– Administered by trained personnel
– Must be based on several types of
assessment
PARENTAL PARTICIPATION
• Parent’s Law
– Meaningful parental involvement
– Full participation in the decision-making
process that affects their child’s education
1986 Amendments to PL 94-142
(PL 99-457)
• All preschoolers with special needs ages 3
through 5 are to receive a free and
appropriate public education
• Title 1- Handicapped Infants and Toddlers
Program established for children from birth
through 2 with developmental delays or
disabilities
1990 Amendments to PL 94-142
PL 101-476
• Individuals with Disabilities Education Act
(IDEA)
– Individual transition plans (ITP)
– Expanded related services– social work and
rehabilitation counseling
– Distinct disability categories for autism and
traumatic brain injury
– Allows parents and others to sue the state in
federal court for noncompliance with law
1997 Amendments to IDEA
PL 105-17
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Disciplinary removal for 45 days
Manifestation determinations
Justification for exclusionary placements
Orientation and mobility for students with vision
impairments
• Developmental delays
• Services excludes delays contributed to lack of
education opportunity or limited English
proficiency
• Mandatory academic performance assessment
American with Disabilities Act
PL 101-336
• Civil rights legislation for individuals with
disabilities- signed into law July 26, 1990
by President George Bush
– Clear, strong, enforceable standards for
prohibiting discrimination (Turnbull, 1993)
– Forbids discrimination in public and private
sectors
Section 504 of the Rehabilitation
Act of 1973
• A civil rights law that protects children and
adults with disabilities against intentional
or unintentional discrimination
• Reasonable accommodations to
participate in educational programs
provided to other students
• Applies to all educational agencies that
receive federal funding
ADA
• Examples of ADA Influence
–areas of accommodation
–access to private and public
buildings
–hiring practices, promotion
decisions
–mass transit accessibility
–telecommunication
ADA and Education
• Reasonable accommodation for students
with disabilities
– Accessibility- ramps, elevators, building
modifications
– Modification of examinations, training
materials, and policies
– Provision of qualified readers, interpreters
– Modifying the work schedule
IDEA, Section 504, and ADA
IDEA (2-21)
Section 504 (lifespan)
ADA (lifespan)
Children and Adults
No Child Left Behind Act of 2001
PL 107-110
• Reauthorization of the Elementary and
Secondary Education Act
– All pupils will demonstrate proficiency in
mathematics and reading
– Annual testing will show adequate yearly
progress (AYP)
– Consequences for lack of AYP= parent may
transfer their child to another school
– Highly qualified teachers and aides
Professionals in Special Education
• Special education teachers
– Itinerant special educator
– Bilingual special educator
– Early childhood special educator
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Speech/language therapist
School psychologist
School counselor
School nurse
Educational interpreter
Others in Special Education
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General education teacher
Paraeducators
Parents
Other highly specialized service
providers
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Adaptive physical educator
Orientation and mobility specialist
Physical or occupational therapist
Audiologist
Eligibility for Special Education
Referral and Assessment for
Special Education
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Pre-referral
Referral
Assessment
Instructional Programming and
Appropriate Placement
– Individualized Education Program (IEP)
– Individualized Family Service Plan ( IFSP)
Pre-referral
• Intervention strategy
• Occurs prior to initiating a referral for
possible special education services
– Reduces unwarranted referrals
– Provides individualized service
– Collaboration between general educators and
other professionals
• Shared responsibility for child’s success
Referral
• Written request to evaluate a student to
determine whether or not the child has a
disability
– Arises from concern over child’s academic
achievement or social/behavioral problems
– 75% of the referrals for special education
service actually result in placement; the
remaining children are found ineligible
Assessment Components
• Student must be assessed in all areas of
suspected need
• Assessment typically includes:
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Vision and hearing screening
Intelligence testing
Achievement testing
Social and behavioral functioning
Developmental history
Other areas needed
Norm-Referenced Test
• Standardized Tests
• Compare pupil’s performance with that of
a representative sample of children
• Data– percentile ranks, stanines, or grade
equivalent scores
• Provide limited instructional information
Criterion-Referenced Test
• Student’s performance on a task is
compared to a particular level of mastery
• Criterion level established by teacher
• Data is useful for instructional planning
• Determines individual skill mastery and
patterns of strength
Assessment Procedures
• Must be nondiscriminatory on a racial or cultural
basis
• Instruments must be valid and reliable
• Instruments must be administered by trained
professionals
• Testing must be in the language or form most
likely to provide accurate information on the
child’s abilities
• Include a variety of assessment tools
Decision-Making for Special
Education
• Does student have a disability?
• Does the disability adversely
affect educational
performance?
• Is the student eligible for
special education and related
services?
Service Delivery Options
• Least Intense, Most Integrated
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Regular classroom with modification/support
Regular classroom /resource room
Part time regular classroom
Full time special class
Special day school/Residential School
Homebound instruction
Hospital and treatment centers
• Most Intense, Least Integrated
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Mainstreaming
• Social and instructional integration
• Places students with disabilities into
educational programs whose primary
purpose is to serve typically developing
individuals
• Must provide an appropriate education
based on unique needs
Least Restrictive Environment
• The desire to provide an LRE must be
balanced by the requirement of providing
an education appropriate to the unique
needs of the individual
• The integrative environment may not
always be the most appropriate placement
option
Regular Education Initiative (REI)
• Madeline Will, 1986, Former Assistant
Secretary of Education (Office of Special
Education and Rehabilitative Services)
– Envisioned a cooperative system that would
“bring the program to the child, not the child to
the program" (Will, 1986a, p.21)
– Programs would encompass greater
cooperation, collaboration, coordination
between general and special educators
Full Inclusion
• A belief that all children with disabilities
should be taught exclusively
– with appropriate supports
– in general education classrooms
• age/grade appropriate
• at neighborhood schools
• where they would attend if they were not disabled
Inclusion Positions
• Con: The neighborhood general education
classroom is not preferable to a cascade
of services
• Pro: Full inclusion combined with a
collaborative partnership between special
and general education would result in a
better education for all pupils, not just
those with special needs
What Is Full Inclusion?
• Attending your home school
• Natural proportion of children with special
needs at the school site and in your
classroom
• Placement with students at your
appropriate grade level and chronological
age
• Where educational services are provided
not what is taught or the kinds of services
offered