Americans with Disabilities Act in Education PPT. - William Allan Kritsonis, PhD
Americans with Disabilities Act in Education William Allan Kritsonis, PhD
Early Development• Compulsory attendance laws• The exclusion of students with disabilities• Parental advocacy – Council for Exceptional Children, 1922 – Cuyahoga Council for Retarded Children, 1933 – National Association for Retarded Citizens (The ARC), 1950
Case Law• Brown v. Board of Education 347 U.S. 483 (1954) After the decision in Brown, parents of children with disabilities started to bring lawsuits against school districts for excluding and segregating children with disabilities. The parents argued that, by excluding these children, schools were discriminating against the children because of their disabilities.
Brown v. Board of Education“In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right that must be available to all on equal terms.”-Chief Justice Earl Warren-
Landmark Cases• Pennsylvania Association for Retarded children (PARC) v. Pennsylvania (343 F.Supp, 279, E.D. PA, 1972) –U.S. District Court found that mentally retarded persons are capable of benefiting from education.• Mills v. District of Columbia Board of Education (348 F.Supp, 869, D.D.C. 1972) –Students with disabilities must be given a public education, and that financial limits were a moot point in providing education to the students http://en.wikipedia.org/wiki/Mills_vs._Board_of_Education_of_District_of_Columbia
Early Federal Involvement• The Education of the Handicapped Act of 1970• Section 504 of the Rehabilitation Act of 1973• The Elementary and Secondary Education Act of 1965• The Education Amendments of 1974
Major Legislation• The Education for All Handicapped Children Act of 1975 (P.L. 94-142) Was to ensure access to public education for students with disabilities
EAHCA Mandates• Nondiscriminatory testing, evaluations, placement and procedures• Education in least restrictive environment• Procedural due process• Free education• Appropriate education
Reauthorizations of the EAHCA• 1986 – The Handicapped Children’s Protection Act – The Infants & Toddlers with Disabilities Act• 1990 – The Individuals with Disabilities Education Act• 1997 – The Individuals with Disabilities Education Act Amendments of 1997
Board of Education v. Rowley458, U.S. 176 (1982)• First special education case to go to the U.S. Supreme Court• Was a “free appropriate education” being given? http://www.listen-up.org/dnload4/rowley.pdf
IDEA Amendments of 1997• IEP• Mediation• Discipline• Attorney Fees• Charter Schools• Manifestation Determination
The IDEA Acts Amendments of 1997• The underlying theme of IDEA 97 was to improve the effectiveness of special education by requiring demonstrable improvements in the educational achievement of students with disabilities
The No Child Left Behind Act of2001• Controversial law• Aimed to improve performance of schools• Give parents more flexibility in choosing schools• Promotes a focus on reading• Highly qualified teachers
NCLB Accountability• NCLB focuses on: a. Increasing the academic achievement of all public school students b. Improving the performance of low-performing schools c. Requiring schools to adopt scientifically based instructional practices• NCLB accomplishes this by: a. Requiring states to measure the progress of students and groups of students, including students with disabilities, every year b. Reporting the results of these measures to parents c. Requiring states to set proficiency standards that schools must attain within a set period of time
Focus of IDEIA 2004• To increase the academic achievement of students in special education – Focus on writing measurable goals and actually measuring them – Focus on progress monitoring• To increase accountability for results• To streamline the special education process
Challenges to Special Education• Conduct relevant assessments of students’ educational needs• Monitor students’ progress using data- based formative evaluation systems
Changes in Special Education Law Individual and Group Efforts EAHCA 1974 IDEA 1990 IDEAA 1997 IDEIA 2004Special education went from an issue of access to an issue of quality.
ConclusionAfter going through the history of howspecial education came to what it is today, Ihave a new appreciation for my husband.He is “deaf” and I realize he did not receivea high quality education as it is given today. He is a good citizen and provider for hisfamily, but he missed out on quality skills.I have encouraged him to go to school andget more education so that him may work ina place that he has passion for. He is going,but it takes a little longer and we are all okwith that. Special education has come along way since he has been in school.