1. NATIONAL ASSOCIATION OF SPECIAL EDUCATION TEACHERS

2. What is Special Education?

3. Why teach Special Education?

4. Activity Then and Now

5.  What did school look like when you were a student? type and location of building - How were classrooms set up? (desks, tables, rows, groups)  What was the make – up of the student body? (homogeneous, diverse)  Did people with disabilities come to school?  If so, how did they receive instruction? Were they in special education classes? Were they in the same building? Same classes as general education students?  Did you see people with disabilities working or interacting out in the community?  What was the general attitude towards people with disabilities?  Did you personally ever interact with someone who had a disability ?

6.  **Generally, over the years, special education has been restructured and transformed by legislation

7. Brief History of Special Education  Prior to 1940’s  People with disabilities were excluded from society  Considered unable to learn  1940’s - 1960’s  General shift in society’s attitudes toward people with disabilities  Parent advocacy groups developed  Civil rights movement\  1970’s to the present  Increase in number of court cases  Many new laws passed  Shift towards philosophy of inclusion

8.  In 1948, only 12 percent of all children with disabilities received some form of special education.  By the early 1950s, special education services and programs were available in school districts, but often, undesirable results occurred. For example, students in special classes were considered unable to perform academic tasks.

9.  Consequently, they went to special schools or classes that focused on learning manual skills such as weaving and bead stringing. Although programs existed, it was clear that discrimination was still as strong as ever for those with disabilities in schools.

10.  Legislation and court cases to prevent discrimination in education first came to notice in 1954 with the famous case Brown v. Board of Education of Topeka, Kansas.  ** Brown was a discrimination suit

11.  In Brown, the Court ruled that it was illegal practice under the 14th Amendment of the U.S. Constitution to arbitrarily discriminate against any group of people.  The Court then applied this principle to the schooling of children, holding that a separate education for African American students is not an equal education. In its famous ruling, separate but equal would no longer be accepted.

12.  Brown set the precedent for future discrimination cases in education. People with disabilities were recognized as another group whose rights had been violated because of arbitrary discrimination. For children, the discrimination occurred because they were denied access to schools because of their disabilities.

13.  Using Brown as their legal precedent, students with disabilities claimed that their segregation and exclusion from school violated their opportunity for an equal education under the 14th amendment of the US constitution-The Equal Protection Clause.  If Brown could not segregate by race, then schools should not be able to segregate or otherwise discriminate by ability and disability.

14.  In the 1960s, parents began to become advocates for better educational opportunities for their children.  Segregated special classes were not the most appropriate educational setting for many students with disabilities.

15.  By the end of the 1960s, landmark court cases set the stage for enactment of federal laws to protect the rights of children with disabilities and their parents.  As a result of numerous historical court cases, federal legislation for individuals with disabilities began to develop in the early 1970s.

16.  The Board of Education alleged the children were unable to be educated in public schools due to their "exceptional" needs, which included mental illness and mental retardation. The Board further claimed the cost of providing private educational services was too expensive; therefore, the children remained at home without access to an education. Judge held that free public educational services, or a suitable private alternative paid for by the board of education, must be delivered based on the students' individual needs, regardless of cost to the school board.  It was argued that students with mental retardation in Pennsylvania were not receiving a publicly supported education. Witnesses for this case made the point that children who have mental retardation are absolutely capable of benefiting from education. The decision in this case was that children in Pennsylvania between the ages of 6 and 21, who have mental retardation, must be provided a free public education. Advocates used decisions from this case to help with the passage of the Education for All Handicapped Children Act of 1975. Mills v Board of Education (1972) Pennsylvania Assoc for Retarded Children v. Commonwealth (1972

17.  Larry P. v. Wilson Riles (1986)  Larry P. vs. Riles was a California class-action case that focused on IQ testing of young black children, and argued that those children had been inappropriately placed in Educable Mentally Retarded (EMR) classrooms solely on the basis of an IQ score. The case also argued that the IQ tests were culturally discriminatory against black children, as a disproportionate number of black children had been placed in EMR classrooms.  Hudson S.D. v. Rowley (1982)  First special education decided by the U.S. Supreme Court. Defined a “free appropriate public education” (FAPE) as “access to an education” or a “basic floor of educational opportunity.” IDEA is to ensure that all children with disabilities have available to them a free appropriate public education designed to meet the unique needs” Courts defined “appropriate;” child “must receive meaningful educational benefit;” not entitled to the “best” education nor to an education that ”maximizes” the child’s potential.

18.  Honig v Doe (1988)  It established that the procedural protections applicable to children with disabilities applied as well to emotionally disruptive, even dangerous children  Daniel R.R. v. State Bd of Ed (1989)  Can education in the regular classroom, with the use of supplemental aids and services, be achieved satisfactorily? If it cannot, has the school mainstreamed the child to the maximum extent appropriate?  Sacramento City USD v Holland (1994)  The educational benefits of the general education classroom with supplemental aids and services must be compared to the educational benefits of the special classroom. The nonacademic benefits of interaction with nondisabled students also must be considered. Further, the effect of the student's presence on the teacher and on other students must be evaluated.  Holland Test

19. Current Legal Protections for Persons with Disabilities  Section 504 of the Rehabilitation Act of 1973  Americans with Disabilities Act (ADA)  Individuals With Disabilities Education Act of 2004 (IDEA ’04)

20.  Section 504 of the Vocational Rehabilitation Act is a civil rights law enacted in 1973.  It was created to prevent discrimination against all individuals with disabilities in programs that receive federal funds.

21.  Section 504 ensures students of equal opportunity to all school activities.  Prohibits discrimination against students with disabilities in federally funded programs

22.  Individuals with disabilities cannot be excluded from participation in, denied benefits of, or subjected to discrimination under any program or activity receiving federal financial assistance.

23. Section 504 and Chapter 15  How students qualify  What they require  How they are different from IDEA ’04  Accommodations in the regular class

24. Description  Section of the Rehabilitation Act 0f 1973  Prohibits discrimination based on disability  Applies to all entities that receive federal dollars

25. How Students Qualify  Disability that substantially limits participation in, or access to, school programs  Not necessarily one of the 13 IDEA ’04 disabilities

26. Section 504/Chapter 15 How Students Qualify  Needs can be met by reasonable accommodations in regular classrooms  Specified in 504 Plan/Service Agreement, not an IEP

27. How Students Qualify  Walking  Talking  Seeing  Hearing  Speaking  Breathing  Working  Performing Manual Tasks  LEARNING  Sitting  Reaching  Stooping  Procreating Have a disability that substantially limits:

28. Section 504/Chapter 15 What It Requires: Accommodations Regular Educator

29. Americans with Disabilities Act (ADA)  How students qualify  What it provides

30. ADA Description  Prohibits discrimination on the basis of disability in:  Employment (companies with 15 or more employees)  State and local government  Public accommodations  Commercial facilities  Transportation  Telecommunications

31. ADA How Students Qualify  Attend a school (even a private school!)  All public facilities must be accessible

32. ADA: What It Requires  Provides for access and removes barriers:  Elevators  Ramps  Curb cuts  Wheelchair lifts

33.  Because of the victories that were being won for students with disabilities in the early 1970s, parents and student advocates began to lobby Congress for federal laws and money that would ensure students with disabilities got an education that would meet their needs.

34.  Years of exclusion, segregation, and denial of basic educational opportunities to students with disabilities and their families set an imperative for a civil rights law guaranteeing these students access to the education system  ** In 1975, the stage was clearly set for a national special education law. Public Law 94-142

35.  It is evident that Congress recognized the necessity of special education for children with disabilities and was concerned about the widespread discrimination.  In response, Congress enacted into federal law The Education for All Handicapped Children Act (EHA), Public Law (PL) 94-142.

36.  **Was signed into law by President Gerald Ford  **Since 94-142 was enacted in 1975, the number of students receiving special education has increased by 75%  Public Law 94-142 set forth federal procedural safeguards for children with disabilities and their parents. This law outlined the entire foundation upon which current special education practices rest.

37.  In 1990, the Education for All Handicapped Children Act was reauthorized  Reauthorization-- the act of amending and renewing a law.  IDEA-The Individuals with Disabilities Education Act. IDEA continued to uphold the provisions set forth in 94-142.

38. Legal Protections for Persons with Disabilities in IDEA ‘04  Individuals with Disabilities Education Act (IDEA) – 1990, 1997, 1999, 2004  Free Appropriate Public Education (FAPE)  Least Restrictive Environment (LRE) Gaskin Settlement Agreement  Individual Education Plan (IEP)  Special Education Process

39. FAPE in the LRE  FAPE (Free Appropriate Public Education) Special education and related services Provided at no expense to parents To students who qualify for special education In an IEP developed by a team IDEA ’04: What It Requires

40. FAPE in the LRE LRE (Least Restrictive Environment) Students eligible for special education will be educated with students who are not disabled The general education class must be considered first Supplementary aids/services help students be successful

41. Individualized Education Program (IEP)  Describes FAPE in an IEP  Sets annual goals  Progress monitoring to ensure adequate progress  Identifies specially designed instruction and accommodations to help student be successful IDEA ’04: What It Requires

42. IDEA ’04 Specially Designed Instruction Special Educator

43. IDEA Legal Protections  The Special Education Process  Evaluation Referral and assessment Evaluation Report Determination of eligibility  IEP Development Annual goals and short-term objectives Specially designed instruction Ongoing assessment and progress reporting IEP Review  Reevaluation Every three years

44. How Students Qualify  Must have 1 of 13 disabilities  Must need specially designed instruction (later written in an IEP)

45. How Students Qualify 1. Autism 2. Deaf-blindness 3. Deafness 4. Emotional disturbance 5. Hearing impairment 6. Mental retardation 7. Multiple disabilities 8. Orthopedic impairment 9. Other Health Impairments 10. Specific learning disability 11. Speech/language Impairment 12. Traumatic Brain Injury 13. Visual impairment DisabilityCategories Disability Categories

46.  **Notice IDEA changed the terms in the previous law as follows:  1. from “children” to “individuals”  2. from “handicapped” to “with disabilities”

47.  In July of 2005, IDEA was reauthorized once again. It is now Public Law 108- 446.  The law is still referred to as IDEA except now we call it IDEA 2004….and it’s name is:  Individuals with Disabilities Education Improvement Act