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The History of Special Education in Vermont: Yesterday, today, and what about tomorrow? We will share with you the evolving laws, the stories, the practices.

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Presentation on theme: "The History of Special Education in Vermont: Yesterday, today, and what about tomorrow? We will share with you the evolving laws, the stories, the practices."— Presentation transcript:

1 The History of Special Education in Vermont: Yesterday, today, and what about tomorrow?
We will share with you the evolving laws, the stories, the practices and the people. Vermont has many heroes who have worked tirelessly for children with disabilities. We will celebrate their challenges and their successes on behalf of the children of Vermont.

2 Jo-Anne Unruh, Ph.D, has been involved in education in Vermont for 45 years, initially as a special educator, and then as special education administrator for 20 years. After "retiring" in 2006, she began working with Vermont Interagency Team providing professional development to Local Interagency Team regions and working with the State Interagency Team to strengthen the System of Care for children with behavioral and emotional needs and other students with interagency needs. She also worked with the team at the Department of Education as a coach within the first Vermont multi-tiered system of support project. For the past five years, she has been the Executive Director of the Vermont Council of Special Education Administrators in Montpelier where she works to create professional development opportunities for the broader educational community. As part of her role as Executive Director, she also works within the legislature as a lobbyist on behalf of the needs of students with disabilities. She is a graduate of the University of Winnipeg, and earned her doctorate through Union Graduate School and a Certificate as a Professional Mediator through Woodbury College.  Jean Haigh, M.A.Ed., is currently an Implementation Coach and Trainer for Vermont PBIS. She has over 50 years of experience in public education, serving individuals with disabilities. She has a strong background in adult learning, collaborative leadership, program & professional development, and systems design & review. Her graduate work focused on research in education through applied behavioral analysis. She has served as an MTSS External Coach and MTSS Early Education at NCSU, served on the RTI research team, served as as a Special Education Director in LSSU and RCSU, and full time special education faculty at JSC. She served on the Special Education Advisory Council for eight years and as a member of the Higher Education Collaborative for Autism for seven years.

3 Please introduce yourselves, tell us what school or organization you represent, and what your role is. Share one positive thing about the work you do. In a group of about 3 to four, discuss what you see are the successes and challenges in special education in Vermont today. Identify a note taker and a presenter. Share your answers with the group. And, any questions that came up.

4 Changing the landscape with the fight for equality, one lawsuit at a time 1954 - 2017
Brown vs the Board of Education – 1954: The law upon which Disability Rights Laws are based Equal Protection under the Law In Vermont, who were the challengers to the status quo?

5 Dark ages, not so long ago, a journey into past practices
Institutions, Practices, and Rituals Greeks, Romans, Europe, and United States Bethlehem (Bedlam), Willoughbrook, Parkhurst infamous institutions The Brandon Training School The Vermont State Hospital The Brattleboro Retreat – a story

6 1965 Title I Created Bureau of Education for the Handicapped:
Title I ("Title One"), a provision of the Elementary and Secondary Education Act passed in 1965, is a program created by the U.S. Department of Education to distribute funding to schools and school districts with a high percentage of students from low-income families. Funding is distributed first to state educational agencies (SEAs) which then allocate funds to local educational agencies (LEA's) which in turn dispense funds to public schools in need.[6] Title I also helps children from families that have migrated to the United States and youth from intervention programs who are neglected or at risk of abuse. Created Bureau of Education for the Handicapped: Now known as Office of Special Education Programs (OSEP) Educating students with disabilities was not yet federally mandated in 1965. On January 23, 2017, House Bill 610 was introduced to repeal this act. It passed the House in February, 2017.

7 1965: Vermont’s Act 152 NO, 152. AN ACT TO AMEND 16 NsA.,§§,2941, 2942 AND 2951 RELATING TO HANDICAPPED CHILDREN. It is hereby 'enacted by the General Assembly of the State of Vermont; Section V&A. §2941 is amended to read: Policy and purpose - It is hereby declared to be the policy of the state to provide equal educational opportunities for all children in Vermont. The purpose of this chapter is to enable the State department of education to provide the special educational facilities and institutions which are necessary.to meet the needs of handicapped children. Sec V.S.A. §2942 is amended to read: § Definitions: As Used in this chapter, the following words and terms Shall have the following meanings unless the context otherwise requires: (1) "Commissioner" shall mean commissioner of education for handicapped children, (2) "Handicapped child," any child inhabitant of the state, under twenty one years of age, whose education needs cannot adequately be provided for through the usual facilities and services of the public schools, school districts or state institutions because of physical or mental deviations of such child, (3) "Special education," the provisions of facilities, instruction, supervision and other services needed by and not otherwise, provided for such children in the public schools and state institutions. Sec ViS.A..§295 is, amended to read: §2951. Cost of transportation,100 per child. Total appropriation “110,000” per year. Consulting Teacher graduate program begins at UVM in 1967 to work with students with disabilities led by Hugh McKenzie. Diane Treadway in first graduating class. Lothrop Elementary in basement. Describe what it was like in 1970 for me. As a 5th grade teacher. JUnruh – special educator in the Bridgewater School basement, entirely funded by a private organization (Woodstock Reading Disabilities Clinic).

8 Willoughbrook State Hospital, Staten Island A journey into hell
As you watch this, consider where you were in 1972, or if you were even born then. Have you already seen this? Jot down your reactions to this video. Do you think this was typical of institutions? How far we have come in the last 45 years ? Note – Remember, there were no true legal protections for children or adults with disabilities in 1972.

9 The Brandon Training School 1915 - 1993
The Brandon Training School, Vermont’s only public institution for people with mental retardation and developmental disabilities, was opened in 1915 as the program that served Vermonters with mental retardation and developmental disabilities. Founded as the Vermont State School for Feeble-minded Children, the name was changed to Brandon State School in 1929 and later to the Brandon Training School. The institution once housed over 600 individuals, and served a total of 2,324 people over the years until its closure in Vermont was the second state to close its only public institution; New Hampshire was first in 1991. thechp.syr.edu/closing-brandon-training-school-a-vermont-story/ A discussion on my work there from 1975 until Take questions. Labels --- over time. I can talk about 1971 – 1987 at the Woodstock Learning Clinic and the gradual increase in local awareness and integration of students into reluctant schools.

10 The Woodstock Learning Clinic and Trust 1967 - 2013
The Visionaries – Tad Bailey, Gertrude Mertens, and Isabel Stephens The Woodstock Reading Disabilities & Learning Disabilities Clinic The Developmental Centers of the Woodstock Learning Clinic Pre-school Program Volunteers Expansion – West Woodstock, Randolph and Bethel and Windsor Integration The Woodstock Learning Trust

11 Landmark court decisions: Pennsylvania Association for Retarded Citizens (PARC) vs Commonwealth of Pennsylvania PA law - over a law that gave “public schools the authority to prevent free education to children who had reached the age of 8, yet had not reached the mental age of 5”. Results: Applying “equal protection under the law for students with disabilities” Equal rights to access education as non-disabled students. Became basis for Section 504, along with Mills vs DC Board of Education, late 1972: "all children are entitled to free public education and training appropriate to their learning capacities". The language of the settlement was incorporated into the rules stated in Section 504 and , almost verbatim I was teaching in Lothrop during this time and was unaware of this court decision until 1978 when at BTS.

12 1973 Section 504 Rehabilitation Act of 1973
No otherwise qualified individual with a disability in the United States, as defined in section 705 (20) of this title, shall, solely by reason of his or her disability, 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 or under any program or activity conducted by any Executive agency or by the United States Postal Service.  Protects qualified individuals from discrimination based upon disability. Sponsored by Senators James Jeffords and Robert Stafford of Rutland Vermont. Schools often thought that the law did not apply to them and were often out of compliance. It was thought of as just for physical access - architectural modifications for accessibility. Became a model for Universal design in the 2000’s. All publicly funded buildings, including BTS.

13 1974: Family Educational Rights and Privacy Act (FERPA): Sponsor, Sen
1974: Family Educational Rights and Privacy Act (FERPA): Sponsor, Sen. James Buckley The Family Educational Rights and Privacy Act of 1974, also known as the Buckley Amendment, helps protect the privacy of student records. The Act provides for the right to inspect and review educational records, to seek to amend those records, and to limit disclosure or information from the records. The Act applies to all institutions that are the recipients of federal funding under any program administered by the Secretary of Education As a result, families now had access to all personally identifiable information collected, maintained, or used by the school district regarding their child. Give example of parent reviews.

14 1975: Public Law 94-142 Education for All Handicapped Children Act
1975: Public Law Education for All Handicapped Children Act (EAHCA) Includes Title 19 - Medicaid Mandated that all school districts educate students with disabilities to the maximum extent possible in the regular classroom. Provides rules by which schools must abide. Special Education Law! Includes students and adults who are institutionalized, Individual Habilitation Plans for adults and IEP’s for students of BTS. Brandon Training School received nine million dollars to renovate all of the buildings to allow for private and semiprivate bedrooms, own bathrooms, new common rooms, etc. through Medicaid Title 19 resources. Sponsored by Senators Jeffords and Stafford A major change for BTS residents who had never had any formal training, especially the adults. Share comments of long time employees. Much discontent. $9,000,000 for renovation, only to be deserted in 1990, the J and K residents.

15 How Jim Jeffords single-handedly bent the arc of politics
How Jim Jeffords single-handedly bent the arc of politics. Became an Independent over the issue of funding for special education. He was a major sponsor of both Section504 of Rehabilitation Act of 1973, and PL Senator Stafford supported 504 and PL Stafford loans for youths who are disadvantaged. Strong environmentalist. Explain the sped funding promised and the private late night caucus of the republicans. 40% reduced to 17 %. Jeffords unaware

16 Senate Bill 98: Vermont's landmark 1971 legislation that integrated students with developmental disabilities into mainstream classrooms "Bill’s Bill" is the story of a 49-year-old man, Bill Villemaire, who inspired the law that changed special education in Vermont. Major Provisions: Special education to all handicapped children by 1980 LEAs were made responsible for identifying and serving all handicapped children EEE Programs were established LEAs reimbursed 75& of the salaries of approved mainstream personnel Parents and handicapped children could appeal to the SBE and courts for misclassification or lack of services Allocation of state funds for traineeships Jo-Anne

17 1977: Brandon Training School Vermont Legal Aid sues the Department of Mental Health – Known as “The Brandon Six vs Department of Mental Health & the State of Vermont In 1977, Brandon Training School receives nine million dollars to renovate all of the building, private and semiprivate bedrooms, own bathrooms, new common rooms, etc. Medicaid Title 19 resources This is the beginning of the end for Vermont’s only institution for individuals with intellectual disabilities. Brace et al won the case in 1977 with the settlement to close the training School by 1993, placing all residents in the community and in this order: Children first and then first in first out. Group homes, developmental homes, shared living. Community placements began in 1978.

18 Vermonters recognized for their work in deinstitutionalization and promoting inclusion
Parent, Vermont Association for Retarded Citizens Jean Garvin, Director of Special Education for Vermont/ S98 Bill Reedy, Legal Aid attorney, Chief Counsel Sally Fox, Legal Aid attorney Judy Dixon, Legal Aid attorney Susan Hasazi, Ph.D, UVM, Education & Social Services Department Sister Janice Ryan Sister Elizbeth Candon Marc Hull, PhD Talk a little bit about each of these organizations, families, individuals and their impact. We can add more.

19 Jean Garvin, Vermont’s First Director of Special Education
Jean S. Garvin was a Vermont educator, advocate for children, and the State’s first Director of Special Educational and Pupil Personnel Services whose influence spanned from the 1960s into the 1980s in Vermont. Her leadership greatly increased inclusive education for Vermont's children with disabilities. The research fellowship named in her memory was established in 1985 to honor and extend her lasting legacy. Jo-Anne, can you add more??? Thank

20 Marc Hull, Ph.D. A man of honor, integrity and humanity.
As a teacher, State Director of Special Education, Superintendent of Caledonia Central Supervisory Union, Commissioner of Education, and finally State Director of Federal Programs, Marc revealed two qualities: He was the ultimate professional, always asking the most of himself - and of others; always insisting that decisions be well-reasoned and well-articulated; always thorough in his research, clear in his communication, and willing to go far beyond the extra mile. Finally, always interested in the well-being of children. But Marc had another, equally important quality: his remarkable kindness. A part-time minister, he brought deep respect and affection to his dealings with everyone he met. Literally thousands of Vermonters saw him as a friend and mentor, a thoughtful man who helped them shape the work they did, the paths they took, and the decisions they made. When Marc Hull listened, you knew he was listening fully. When he spoke, you knew he was speaking to you. Marc Hull's work as an exemplary educator will live on for a long, long time. His impact on the many lives he touched is immeasurable. Nick Boke, VPR Each of us talk about our own relationships with Marc. Remembering the music Richard, Nancy et al. Also, Act 230., literacy, Act 47, etc.

21 Susan Hasazi Professor Susan Brody Hasazi of Burlington, Vermont is an internationally known scholar in the field of special education and a trailblazing advocate for students with disabilities and their families. A faculty member in UVM’s College of Education & Social Services since 1976, Hasazi’s career in academia has been distinguished by her significant contributions to national initiatives designed to improve educational and post-school outcomes for students with disabilities and to give the families of these students a voice in state and national policy development. In 1995, Hasazi received the Joseph P. Kennedy, Jr. Foundation International Award for her lifelong contributions as a scholar and educator in the field of intellectual disabilities. in UVM’s College of Education & Social Services sin Her incredible support to all our work. A huge advocate. Sat with us on the Act 230 evaluation team. Dennis, Pat, Katie, me, Susan, and sometimes Marc.

22 Changes and Updates in Laws, 1986 - 2004
1986 EAHCA Amended with addition of Handicapped children protection act. Students and parents now had rights under EAHCA (IDEA) and Section 504. See Parent Rights. Americans with Disabilities Act (ADA) The ADA adopts Section 504 regulations. 504 plans become more numerous in schools 1990 EAHCA amended to Individuals with Disabilities ACT (IDEA) Many positive changes to the law – transition services from high school to postsecondary life. More emphasis on inclusion, not called mainstreaming any more, least restrictive environment is critical, and placement in the general education classroom. Requires state level Special Education Advisory Council. Idea reauthorized 2001, NCLB No child left behind All students be proficient in math and reading by All means all. 2004 IDEA, See last page. Had too many slides, so just combined them for a review and any discussion that one may want.

23 1988 Vermont’s ACT 264 Act 264, passed in 1988, requires that human services and public education work together, involve parents and coordinate services for better outcomes for children and families. While Act 264 was enacted on behalf of children and adolescents experiencing a severe emotional disturbance and their families, the 2005 Interagency Agreement between the Vermont Department of Education (DOE) and the Vermont Agency of Human Services (AHS) expands the target population beyond those eligible under Act 264 to include children and adolescents with disabilities who are eligible for both special education and disability-related services, including service coordination, provided by AHS. In 1985, the National Institute of Mental Health’s Child and Adolescent Service System Program (CASSP) funded Vermont to begin developing strong interagency partnerships among mental health, child welfare and public education providers. The five-year CASSP effort involved an extensive planning process that included service providers, parents and advocates. They developed the first System of Care Plan consisting of an extensive list of community-based services that needed to be provided in a coordinated manner. Creates a Coordinated Services Plan, available to children and families to create unified service provision. Creates one Local Interagency Team in each of the State's twelve Agency of Human Services' districts Creates a State Interagency Team. Maximizes parent involvement. Creates a governor appointed advisory board. Mandates Annual System of Care Plan, approved by the state legislature. Explain first. Give this time for a good discussion. Questions for our audience, have any of you participated in this process, sat on an interagency team, created a coordinated service plan? Was their experience positive? Share our own. Talk about the benefits, promotes team collaboration service for kids and familes. Used to be just SPED, now any student on an IEP. Sherry’s role.

24 Act 230/157 – Vermont’s Support System under Marc Hull’s leadership and beyond
Within each school district's comprehensive system of educational services, Title 16 of the Vermont Statutes requires each public school to develop and maintain an educational support system for children who require additional assistance in order to succeed in the general education environment. Support includes prevention, intervention, and prekindergarten services. The educational support system is required to include an educational support team (EST) and a range of support and remedial services, including instructional and behavioral interventions and accommodations. Each school board must assign responsibility for developing and maintaining the ESS to the superintendent or principal. Superintendents are required to annually report on the status of the ESS in their schools including how funds, such as Medicaid, are used support the ESS. The educational support team is one component of a school's educational support system. The job of an EST is to act as a "think tank" and help solve the puzzle of what is happening in school for a student and determine what he/she might need to be more successful. It is also the job of the EST, with the aid of the classroom teacher, to monitor, review and revise students' EST plans to ensure that the suggested programs, supports, and/or accommodations are effective. The focus is on what school staff can do differently, such as changing strategies, adjusting the environment, and altering expectations. The EST can also provide data to help evaluate and improve programs.

25 2004 Idea Reauthorized Significant changes: Discipline, 45 day rule; due process; now need mediation; reduces paperwork; adequate instruction & intervention to prevent need for SPED, beginning of the use if RTI, MTSS, Positive behavioral interventions, FBA, data, LRE, accountability. Rules around physical restraint as well as other provisions Prompted the creation of VTPBIS Talk about PBIS, are you implementing it, at what level and have you had buy in and have your odr’s declined???

26 Key Organizations Active in Advocating for Children with Disabilities
CEC-CASE – arose out of CEC which was a major player in the creation and advocacy for EHA, IDEA and all other federal special education legislation. VCSEA began in 1983 with a few special education administrators. Initially opposed by Jean Garvin. Senator Stafford honored in one of the first celebratory dinners of what is now VCSEA. Advocacy and support organization for special education leaders on behalf of student with disabilities Special Education Advisory Council – federally mandated Vermont Family Network Others

27 2017: What are the issues? Funding levels, continued LRE, increase in alternative programs, higher education providing classroom management classes, increases in child count, higher % of students referred to special education, expanding MTSS-B, sustainability, fidelity, school vouchers, loss of federal special education funding. Mental health needs of children and their families, opiate crisis, increasing numbers of children in poverty, need for Universal Pre-K that is high quality, accessible and affordable for all. What are your hopes and dreams? What are your fears? A collaborative discussion with our participants. Has PBIS made a difference??


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