Chapter 2
Exceptional Children
and Social Institutions:
Schools, Government,
and the Courts
Who is responsible for providing
services?
• Regional Centers: IFSP (0 to 3) & IPP( 3 and up)
• SCHOOL DISTRICT : IEP (3 to 21 years old)
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WILLOBROOK
• http://www.bing.com/videos/watch/video/unforgo
tten-twenty-five-years-after-willowbrookunforgotten/54898a822f32a71079a554898a822f
32a71079a5327172292727?q=willobrook+geraldo+rivera&F
ORM=VIRE2
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Historical Overview - Society
• How the institutions of a society (schools, legislatures,
courts) treat its members with exceptionalities tells us
about that society. In the United States, we have moved
from “stored away” (pre-1850) to “stored in special
schools” (schools that provided an environment that
often protected the individual throughout life), to
“passive acceptance” (inclusion models in public
schools).
• The degree to which children with exceptionalities will
adapt to society is set by how the cultural and
environmental forces facilitate or inhibit the child’s
development.
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Historical Overview – Courts
• 1954 Brown v. Board of Education—the case ruled (1)
education is a right and not a privilege and (2) separate
education is not equal. Although this case reaffirmed the rights
of minority students in education, many felt that the rights of
students with disabilities should also be protected.
• 1972 PARC v. Commonwealth of PA—ruled that students with
IDD had a right to a free and appropriate education.
• 1972 Mills v. Board of Education—ruled that the presumed
absence of funds is not an excuse for failing to provide
educational services to exceptional children. If sufficient funds
are not available, then all programs should be cut back.
• 1972 Wyatt v. Stickney—ruled that students with disabilities
who are committed to state institutions have the right to
education and/or treatment.
•
1979 Larry P. v. Riles—ruled that children should not be labeled
“disabled” or placed into special education without adequate
diagnosis that takes into account different cultural and linguistic
backgrounds
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• 1979 Jose P. v Amback—ruled that bilingual exceptional
children need identification, evaluation, and educational
procedures that reflect and respect their dual-language
background.
• 1982 Board of Education v. Rowley—ruled that a child with
disabilities is entitled to an appropriate, not an optimum,
education. This decision was the first court decision that
suggested that there was a limit to the resources that exceptional
children could expect.
• 1990s Inclusion and funding lawsuits—Recently, there have
been many lawsuits and class action suits that have addressed
the issues of inclusion and least restricted environment. The
rulings have been mixed in supporting inclusion or a continuum
of services.
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Public Law 107-110:No Child Left
Behind 2001
• NCLB Act of 2001 was a major education
legislation in the George Bush Administration.
• Its purpose was to hold schools and education
responsible for bringing students to a minimum
level of competency.
• Some students with disabilities could not meet
the standards not mater how hard the tried.
• Some attempts have been made to provide
alternative assessments for children with
disabilities
• Children who are gifted do not feel challenged
and standards are reached with little or no effort
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• What types of government legislation support
students with disabilities? A summary of legislation
over the past 40 years indicates a growing awareness of
the education of children with exceptionalities. In 1963,
PL 88-164 authorized funds for training professionals
and for research and demonstration in the area of
serving students with disabilities.
• Congress in 1975 passed PL 94-142, the Education for
All Handicapped Children Act. The measure, which took
effect in 1977, was designed “to assure that all
handicapped children have available to them a free
appropriate public education which emphasizes special
education and related services designed to meet their
unique needs” (U.S. House of Representatives, 1975, p.
35).
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Six Key Principles from PL 94-142
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•
•
•
•
P.39
Zero Reject: FAP
Nondiscriminatory evaluation
Individualized education program (IEP)
Least restrictive environment (LRE)
Due process
Parental participation
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• 1986 PL 99-457: The Education of the Handicapped Act
Amendments: Services to children and families from birth to
five
• Individuals with Disabilities Education Act Amendments
of 1977 (IDEA; PL 101-476) added requirements for
transition services for the promotion from school to
postschool activities: vocational training, independent living,
and community participation. This introduced people first to
the language in the field of special education and changed
the terminology from handicapped to disabled.
• IDEA 2004 (PL 108-446) also included various changes in
the law addressing the quality of personnel: special
education specialists must hold full state certification as
special education teachers and have a license to teach.
They must demonstrate subject-matter competence in the
academic programs they teach. Transition servces/plan
must be included in all IEPs for students at age 16 and for
younger students if appropriate
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Historical Overview
• Section 504 of the Rehabilitation Act of 1973 (PL 93112). The key provision of the act states that it is illegal
to deny participation in activities or programs solely
because of a disability. Individuals with disabilities must
have equal access to programs and services. One of its
advantages is that children who might not meet the
criteria for IDEA may still be judged eligible for services
under Section 504.
• ADA:The Americans with Disabilities Act of 1992 (PL
101-336) extends to persons with disabilities civil rights
equal to those guaranteed without regard to race, color,
national origin, gender, or religion through the Civil
Rights Act of 1964.
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Integrated Services
• Inclusion is the philosophy that all children,
regardless of disability or intensity of
exceptionality, should be educated in general
education environments. Those who advocate
the inclusion movement (Stainback & Stainback,
1992) stress the importance of social
relationships and emphasize social integration
skills.
• Continuum of Services
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Figure 2.4: Students with disabilities
served in inclusive setting 2004-2005
Source: U.S. Department of Education (2005). Twenty-seventh Annual Report to Congress.
Washington, DC: Offi ce of Special Education Programs.
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Assessment Process
Response to Intervention:RTI
• RTI approach, provides 3 levels of service
rather than 2(Special and general ed).
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Assessment Process
Response to Intervention:RTI
• Tier I includes universal screening of children
in the early grades to find those students
who may need special help. This action will
enables the schools to plan an appropriate
program for those students.
• Progress Monitoring: Periodic progress
monitoring of students in Tier II and Tier III
measures progress and determines if the
students are in the proper placement.
• Assessment tools determines if expected
gains are achieved by groups of children as
well as the individual children with special
programs.
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Assessment
• P.48 Six general approaches can be used to
assess a child: (1) norm-referenced tests, (2)
diagnostic achievement tests, (3) interviews,
(4) observations, (5) informal assessments,
and (6) portfolio assessment
• Assessing student progress has traditionally
been accomplished through the use of
standardized, norm-referenced achievement
tests. However, these tests do not adequately
measure the attainments of many exceptional
children. Performance assessments and
authentic assessments are new approaches that
supplement standardized assessments.
assessment
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Gardner’s theory of multiple
intelligences
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•
•
•
•
•
Linguistic: understand and use written communication
Logical mathematical: Math, computer programmer
Musical
Spatial: Orient and manipulate three dimensional space
Bodily Kinesthetic: Coordinate physical movement
Naturalistic: Distinguish and categorize objjects or
phenomena in nature
• Interpersonal: To understand and interact well with
other people: Politician, sales
• Intrapersonal Understand and use one’s thouhts ,
feelings, preferences and interests. Entrepreneur,
biographer..
• Existential: Ability to contemplate phenomena or
questions beyond sensory data
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Inter-individual Differences
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•
•
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Academic aptitude
Academic performance
Language development
Psychomotor skills
Psychosocial development
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Individualized
Education Plan Team
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•
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•
•
Parent or guardian
Regular educator
Special educator
Administrator
Other Personnel
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Individualized Education Program
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•
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Present levels of performance
Annual goals
Goal assessment
Special Education and Related Services
Program modifications or supports
Inclusion statement
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Adapting to Differences
•
•
•
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Adapting the learning environment
Adapting the curriculum content
Adapting teaching strategies
Adapting technology
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Adapting Teaching Strategies
• Universal Design for Learning /UDL:
assistive supports are built in, rather than
added as an afterthought
– Instruction can be accessible
– Closed captioning
– Student responses - drawings instead of written answers
• UDL also allows flexibility in student
expression. Instead of giving a paper-andpencil answer, a student may use drawings
or illustrations, or respond through a
computer.
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Adapting Technology
• Assistive technology consists of tools and
adaptations that enhance the functioning of
persons with disabilities. Instructional technology
involves the selection of computers and related
technology that support and expand instruction.
IDEA 2004 mandates the mastery of technology
on the part of special education teachers.
Discuss the various types of technology
presented in Table 2.5.
• Instructional technology p.64
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Transition Services
• Instruction :ILS, Assisted Living, IHSS
• Community experience: Social recreational
activities
• Development of employment: Dept of
Rehab/Regional Centers
• Post-school adult-living objectives:
Independent living, group homes
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•
•
•
•
•
Rights of children with Disabilities:
P.65-66
Inclusion & Funding issues: p.66-67
Moral dilemma: p.67
Small groups: What do you think?
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