This concept proposed that children with disabilities be educated in segregated placements until they could "swim" in the mainstream of public education. Few children, once placed, exited completely from special education programs into the mainstream. If they did, they usually failed because of inadequate preparation for regular education demands. The major stumbling blocks were twofold: students segregated under special education services generated extra federal dollars for school districts, and general educators were neither trained nor expect-ed to modify their teaching practices to accommodate these students.
William Allan Kritsonis, PhD - PPT. American Disability Act
William Allan Kritsonis, PhD
“It is better for all the world, if instead of waiting to executedegenerate offspring for crime or to let them starve for theirimbecility, society can prevent those who are manifestly unfit fromcontinuing their kind . . . three generations of imbeciles areenough." Oliver Wendell Holmes
―No person who was diseased, maimed, mutilated, or in any way deformed so as to be unsightly or disgust object or improper person to be allowed in or in the public places in in this city shall therein or thereon expose himself to public view, under a penalty of not less than one dollar nor more than an fifty dollars for each offense.‖ (Chicago Law Repealed in 1974/Tennessee v. Lane, 2003 Brief for the United States, p. 19)
In this case, a student had a disability that causedhim to drool, have involuntary facialcontortions, and have speech problems. Althoughhis disabilities were strictly physical, and hisintellectual ability was not affected he wasexpelled from school because ― this conditionnauseated the teachers and other students. Thiscase went before the Wisconsin supreme court;court ruled that school officials could indeedexclude students with disabilities. and the court .
Susan Downie testified that she was denied a job at a large state mental retardation facility because of her mobility impairment.(5) Denise Karuth testified that the New York State Commission for the Blind would not sponsor her for a masters degree in rehabilitation counseling because "the State would not hire blind rehabilitation counselors."(6) A professor of veterinary medicine at a state university was fired because he had AIDS.(7) In School Board v. Arline, 480 U.S. 273 (1987), the trial court held that a school districts termination of a teacher with tuberculosis was unreasonable. Similarly, in Chalk v. United States District Court, 832 F.2d 1158 (9th Cir. 1987), a teacher was demoted after being diagnosed with AIDS.
Education is a "principal instrument inawakening the child to cultural values, inpreparing him for later . . . training, and inhelping him to adjust normally to hisenvironment." Brown v. Board of Educ., 347U.S. 483, 493 (1954).Nearly a decade after Brown v. Board of Educ.Section 504 of the Rehabilitation Act 0f 1973was enacted.
Strong desire of disabled individuals to fullyparticipate in society giving rise to
Pennsylvania Association for Retarded Mills v. Board of EducationChildren ( PARC) vs. Commonwealth ofPennsylvania Suit was brought forth by the parents and guardians of children who represented a wideArgued that students with mental range of disabilities in Washington DC. Plaintiffsretardation in Pennsylvania were argued that their children were excluded form schoolNot receiving a publicly supported without due process of law (14th Adm.)education. Court ruled that all children with disabilities in the District f Columbia must be provided a publiclyCourt ruled that children in Pennsylvania supported education. Case also responsible forbetween the ages of 6 and 21, who had gaining the right to due process safeguard formental retardation, must be provided a free children with disabilities.public education. Safe Guards include:It was also determined Right to a hearing The right to appealthat these children could benefit from being The right to have access to recordsenrolled in a program that was most similar Written notice requirementsto the programs developed for their peerswithout disabilities
Education for All Handicapped Children Act of 1974 later changed to IDEA (Individuals with Disability Education Act) Rehabilitation Act of 1973 Section: 504 was passed as a civil rights law American Disability Act 1990
Created to make sure children with disabilities received a free and appropriate education designed to meet their unique needs Under IDEA students were to be placed in the least restrictive environment, which evolved into a "mainstreaming" philosophy. The reform movement from "mainstreaming" to "inclusion" that began in the 1980s refocused attention on how students with disabilities were faring in the regular classroom. Individual Educational Program (IEP) be provided for each disabled student residing in a school district’s jurisdiction
Civil Rights Law that states: ― No person can be discriminated against or excluded, or denied benefits from any institution, program or activity receiving federal funds.‖
The purpose of Section 504 is to protect individuals with disabilities from discrimination for reasons related to their disabilities. ADA broadened the agencies and businesses that must comply with the non- discrimination and accessibility provisions of the law.
Any person who has a physical or mental impairment that significantly limits one or more of his or her life activities Any person who has a record of such an impairment Any person who is regarded as having such an impairment
Arline v. School Board of Nassau County (1987)Under 504 of Rehabilitation Act- an elementary schoolteacher was discharged due to continued recurrenceof tuberculosis. The teacher brought suit under 504,but US district Court dismissed her claims. On appeal,the 11th Circuit court of appeals reversed the decisionand held that persons with contagious diseases fallwithin 504 coverage. School Board appealed to the USSupreme Court. Supreme Court found that teacherwas a person with a disability because tuberculosisaffected the respiratory system and ability to work. Case wasremanded to the district court to determine if the teacherwas ―otherwise qualified‖ if reasonable accommodation apply.Court relied on reasonable medical judgments, teacher reinstated
Subpart A—General ProvisionsSubpart B—Employment PracticesSubpart C—Physical AccessibilitySubpart D— Preschool, Elementary, and Secondary EducationSubpart E— Postsecondary EducationSubpart F—Health, Welfare, and Social ServicesSubpart G—Procedures
The student has a physical or mentalimpairment that substantially limits one ormore of a person’s major life activities.• Walking • Seeing • Working• Breathing • Hearing • Caring for one-self• Learning • SpeakingThe impairment must impact thestudent’s education.
• Policy on NondiscriminationSchool Board of Education • Grievance Procedure • Hearing Procedure • 504 Coordinator DesignationSuperintendent • Annual Notice to Parents/Students • Continuing Notice to Parents/Students • 504 Procedures Coordination504 Coordinator • Staff Training • Section 504 Grievance Procedures Management • Nondiscriminatory Practices in ClassroomsSchool Principals and • Referral/Identification/EvaluationCertified and • Parent Involvement and EncouragementClassified Staff • Program Modifications and Accommodations • Curricular Adaptations
Extension of the Rehabilitation act of 1973 Signed into law by President George Bush Comprehensive legislation Protecting the rights of individuals with disabilities ADA affects the legal obligations of most public and private entities. School are included.
State employees have discriminated against person with disabilities States have historically denied persons with disabilities the right to live in the community States interfered with the right of person with disabilities to form families/ Buck v. Bell 274 US 200,2005-07 (1972) States interfered with the right of persons with disabilities to vote States have denied persons with disabilities access to court States have denied persons with disabilities the right to travel States have discriminated against children
The purpose of the ADA is to provide―a clear and comprehensive nationalmandate for the elimination ofdiscrimination against individualswith disabilities.‖
The basic mandate of the ADA is that: ―no qualified individual with a disability shall be excluded from participation in, or denied access to, programs or activities; denied benefits or services; or be subjected to discrimination by any public entity.‖
Every school in the Nation receivingfederal financial assistance directlyor indirectly must adhere to theRehabilitation Act
The ADA defines an individual as disabled if theperson:1. has a physical or mental impairment that substantially limits one or more major life activities; (such as walking, hearing, seeing, speaking and breathing)2. has a record of such impairment; (such as recovered cancer patients or those who are disfigured to such an extent that they having a substantially limiting impairment)3. is regarded as having such impairment. 42 USC 121l2 (2)
Bragdon v. Abbott, 118 S. Ct. 2196 (1998) Plaintiff demonstrated that her HIV status, asymptomatic had substantially limited her in caring out major life function of reproduction. Supreme Court decided that reproduction is a major life activity, and that the plaintiff in the case was protected as substantially limited in that major life activity.Note: Court did not decide that all individuals HIV positive, but asymptomatic, are covered nor did it address whether individuals who are HIV positive are protected under the ―regarded as‖ prong of the definition.
504 ADA Definition- “handicap” Definition “disability” Limited to recipients of Covers all public entities federal grants ( funding) Specifically abrogates the Do not all states to be sued 11th Amendment Immunity Does not limit use of pre- of states employment medical Limits pre-employment screening or questions medical screening or Does prohibit questions discrimination on the basis Prohibits discrimination on of association with a the basis of association disabled person with a disabled person
Title I: Employment- prohibits discrimination in employment against individuals with disabilitiesAn employee may claim discrimination on basis of disability ifhe or she can prove: 1) that he or she is disabled 2) is otherwise qualified for the position 3) if an accommodation is required, it is reasonable 4) that she suffered from an adverse employment decision based on the disability ( Bennett-Alexander & Hartman, 2001)
Title II: Public Services- prohibits discrimination in services, programs and activities provided by state and local governments and any of their instrumentalities regardless of whether the public entity receives federal financial assistance . All public school are covered by Title II. Applies to public transportation but not school transportation 42 USC 121411
Title III- Public Accommodations- prohibits discrimination against individuals with disabilities in the full and equal enjoyment of goods , services, facilities, privileges, advantages, or accommodations by an persons who owns, leases ( leases to operate) a place of public accommodations. ADA prohibits elementary and secondary schools from discrimination against individuals with disabilities to participate in school functions
Modifications made by classroom teacher(s)and other school staff to enable the students tobenefit from their education program. A planshould be developed outlining servicesand/or accommodations.
Washington Post October, 1999 ―Judge Tells School to Fix Bathrooms, 9-year old Wheelchair User Had to Drag Himself to Toilet”–story of a boy at DC elementary school who,because of structural inaccessibility, was forcedto crawl to the bathroom for almost two years.(Strauss, V. & Wilgoren, D., 1999)
Title IV-Telecommunications- applies specifically to telecommunications provided by common carriers, including wire, radio, television and telephone. Included installation and use of TDD devices for wire, radio, telephone and closed- captioning services for television.
Title V- miscellaneous provisions Amends the Rehabilitation Act to exclude from the definition of ―handicapped individual‖ someone who is a current user of illegal drugs. Recovering addict would be entitled to protection under ether Rehabilitation Act or ADA Homosexuality, transvestitism &othersexcluded
Students with HIV Positive Negative treatment of who do not have other students who test positive fordisabilities which require drugs may violate 504 &special education service, are ADA which prohibitsnot usually covered by the discrimination againstIDEA unless they become too otherwise qualifiedill to attend school and individuals with disabilities &require homebound require reasonableInstruction. They would be accommodationcovered under 504 & ADA as ( L. Rothstein, J. Rothstine,they may be regarded as 2006).having an impairment .
Tommie, a three year-old child born with aprominent facial disfigurement, has beenrefused admittance to a Early childhood centerat CCCISD daycare program on the groundsthat his presence in the program might upsetthe other children. Bobbie is a student with aphysical impairment that substantially limitshis major life activities only as the result ofthe attitudes of others toward his impairment.
Every person eligible for Section 504 will notnecessarily be eligible for special education.Every person eligible for special education isalso protected under Section 504.
Absolutely, parents should be included in the504/ADA process whenever possible.
It is important to document evaluationresults, eligibility determination, services, andplacement issues regarding each student.DOCUMENT-DOCUMENT-DOCUMENT!
Referrals are accepted fromparents, professional staff, students, and/orotherstaff members. The problem(s) and previousremedies are considered and reviewed.
The school must evaluate all students withdisabilities before making an initial placementor any significant change in placement.
The school notifies the parents or guardians, inwriting, of the schools’ reason and intent toconduct an evaluation. The notice shouldinclude a description of the evaluation andprocedural safeguards. Parental consent wouldbe considered best practice for all Section504/ADA evaluations.
A best practice is to use the Student Assistance Team as theSection 504/ADA Committee. Typical members wouldinclude the following: • Parents • Counselor • Student (when appropriate) • Principal • Teacher(s) • Other (as needed)The committee will study and analyze the evaluation data todetermine if the student has a mental or physical disability thatsubstantially limits a major life activity and influences thestudent’s educational program.
If the student is eligible under Section504/ADA, the team determinesaccommodations and/or services that willenable the student to benefit from his/hereducation. This can be documented on anindividual Section 504 plan.
The following factors are considered by a team knowledgeable about the student and the disability: Evaluation results Section 504/ADA eligibility The student’s unmet needs Services and/or accommodations based on eligibility Possible staff professional development Least Restrictive Environment (LRE)
The school staff makes the necessaryaccommodations to allow for the student’sdisability. Parents should be consulted andgiven opportunities for input. Theaccommodations and/or services arethen implemented.
TypeSection 504/ADA—Civil Rights LawSpecial Education— Individuals withDisabilities Education Act
Section 504/ADA Requires FAPE be provided to only those protected students who, because of a disability, need general education accommodations, or special education and related services. Defines FAPE as general or special education and related aids and services, to meet the needs of the individual student.
Section 504/ADA—General education accommodations and/or special education and/or related services. Special Education—Must be eligible and need special education; then related services can be added if they are necessary for the student to benefit from special education.
1. Provide a structured learning environment.2. Repeat/simplify instructions regarding class assignments and homework.3. Supplement verbal instructions with visual ones.4. Use behavior management techniques.5. Adjust class schedules.6. Modify test delivery.7. Use tape recorders, CAI, and other audiovisual equipment.8. Select modified textbooks or workbooks.9. Tailor homework assignments.10. Tutor one-on-one.
11. Use classroom aides and note takers.12. Modify nonacademic times (lunchroom, recess) and physical education.13. Change student seating.14. Change instructional pace.15. Change instructional methods.16. Change instructional materials.17. Provide peer tutoring.18. Implement behavioral/academic contracts.19. Use positive reinforcements (rewards).20. Use negative consequences (punishments).21. Use supplementary materials.
Physical Barriers Fundamental Alteration Policies & Practices Decisions Communication Accessibility to public Policies Meetings Emergency Evacuation Employment Practices Procedures Building & Written Audio-Visual Construction Policies Materials Provide ADA Training Historic Preservation to Employees Program/Accessibility Ensure Former Drug Abusers Rights
If an individual believes he or she has been discriminated against by your school district:1) Follow the internal grievance procedure at the district level2) If the internal grievance procedure is unresponsive you can file a complaint with EEOC for title Employment Discrimination Department of Justice for Civil Rights Discrimination.
Blanck, P., Hill, E., Siegal, C., Waterstone, M., (2004). Disability civil rightslaw and policy. West, St. Paul, MN.Kemerer, F., Walsh, J. , ( 2000) The educator’s guide to Texas school law5thed., University of Texas Press, Austin ,TX.Rothstein, L., Rothstien, J., (2006). Disabilities and the law 2nd ed. West Group,Danvers, MAAmericans With Disabilities Act 42 USC 12101 et seq. (1990)Individuals With Disabilities in Education Act 20 USCA 1400-146129 (1973)Rehabilitation Act 504 (1973)Strauss, V. , Wilgoren , E. (1999) October 20). Judge tells school to fix bathrooms, 9-year oldwheelchair user had to drag himself to toilet. The Washington Post.
Arline v. School Board of Nassau County (1987) US Court of Appeals Eleventh CircuitF. (1989)Beattie v. Board of Education 172 N. W. 153 (1919)Bragdon v. Abbott 163 3d 87 ( 1st Cir. 1998)Brown v. Board of Education Topeka 347 US 458 (1954)Buck v. Bell 274 US 200 (1927)Chalk v. United States District Court 832 F. 2d 1158 (9th Cir. 1987)Mills v Board of Education of District of Columbia 348 F. Supp 866 (1972)Pennsylvania Association of Retarded Children v. Commonwealth OfPennsylvania., 343 F. supp 279 (1972)School Board v. Arline 480 U. S. 273 (1987)
The Americans with Disabilities Act hasmandated that public schools become public.The Ivory Tower of Academia has beentoppled and replaced with open andaccessible institutions of learningopportunities for all children and adultsincluding the disabled individual.