Copyright © 2018, 2014, 2011 Pearson Education, Inc. All Right

Copyright © 2018, 2014, 2011 Pearson Education, Inc. All
Rights Reserved.
Teaching Students Who are Exceptional,
Diverse, and At Risk in the General
Education Classroom
7th Edition
Chapter 1
Special Education and
Inclusive Schooling
By: Heather Garrison, Ph.D.
Rights Reserved.
Learning Objectives
1.1 Identify the laws, key provisions, and guidelines that govern
special education and explain how these laws influence
educational practices for individuals with disabilities.
1.2 Describe the responsibilities you have as a classroom
teacher
for students with special needs and the types of practices and
adaptations you need to implement.
1.3 Discuss No Child Left Behind and its influence on testing
accommodations for students with disabilities and the

expanded laws regarding IDEIA, including early education and
transition, then consider the instructional implications of
implementing inclusion and other services provided in the
continuum of services for students with disabilities.
Rights Reserved.
Early Foundations of Special Education
§ Before the 1950s, students with disabilities were excluded
from attending public schools
§ Department of Public Welfare v. Haas in 1958
§ Brown v. Board of Education in 1954
§ Elementary and Secondary Education Act (ESEA) in 1965
§ P.L. 94-142 – The Education For All Handicapped
Children Act in 1975
Rights Reserved.
Early Influences:
Influential Court Cases
Year Case Importance
1971 Pennsylvania Association of Retarded
Children (PARC) v. Commonwealth of
Pennsylvania

Guaranteed special education for
children with intellectual disabilities
1972 Mills v. Board of Education of the
District of Columbia
Extended the right to special education
to children of all disabilities
1982 Board of Education of Hendrick Hudson
Central School v. Rowley
Clarified the definition of FAPE
1988 Honig v. Doe Schools cannot expel students for
behaviors related to their disability
1999 Cedar Rapids v. Garret F. Students must receive the
supplemental services needed to
attend school
2007 Winkelman v. Parma City School
District
Parents may pursue IDEA claims on
their behalf, independent of their child’s
rights
Rights Reserved.
Recent Influences:
No Child Left Behind Act (NCLB) of 2001

§ Enacted to provide a framework “on how to improve the
performance of America’s elementary and secondary
schools while at the same time ensuring that no child is
trapped in a failing school” (U.S. Department of Education,
2002b, p.1).
§ Areas of education affected by NCLB:
– Increased accountability
– School choice
– Greater flexibility for states, school districts, and
schools
Rights Reserved.
IDEIA (1 of 2)
The Individuals with Disabilities Education Act (IDEA),
Education for All Handicapped Children Act (P.L. 94-142),
and the Vocational Rehabilitation Act (P.L. 93-112)
significantly improved opportunities for individuals with
disabilities.
§ The Education for All Handicapped Children Act
(EAHCA)(P.L. 94-142) was enacted in 1975.
§ In 1990, it was reauthorized and expanded as the
Individuals with Disabilities Education Act (IDEA).

Rights Reserved.
IDEIA (2 of 2)
§ In 2004, it was amended by the Individuals with
Disabilities Education Improvement Act (IDEIA).
§ In 2006, regulations were published for school-age
children and for babies and toddlers in 2011.
Rights Reserved.
History of Federal Laws for the Education
of Learners Who Are Exceptional (1 of 3)
Year Law Importance
1965 Elementary and Secondary
Education Act (ESEA) (P.L. 89-10)
Initiatives for low-income families, applies
to children who need support to benefit
from public school education
1973 Vocational Rehabilitation Act (VRA)
(P.L. 93-112, Section 504)
Defined handicapped person and
appropriate education, prohibits
discrimination in federally funded
programs

1974 Educational Amendments Act (P.L.
93-380)
State funding for students with disabilities
and students who are gifted and talented,
due process rights for students/families
1975 Education for All Handicapped
Children Act (EAHCA) (P.L. 94-142,
Part B)
Requires free and appropriate education
for students with disabilities (ages 5-18)
and IEPs, defines least restrictive
environment
Rights Reserved.
Year Law Importance
1986 Education of the Handicapped Act
Amendments (P.L. 99-457)
Extends free and appropriate education
to children with disabilities (ages 3-5),
establishes early intervention for infants/
toddlers with disabilities (ages birth to 2)
1990 Americans with Disabilities Act
(ADA) (P.L. 101-336)

Prohibits discrimination in the private
sector and protects equal employments
opportunities for people with disabilities,
includes AIDS as a disability
1990 Individuals with Disabilities
Education Act (IDEA) (P.L. 101-476)
Replaces EAHCA, establishes person-
first language, expands special education
services and provisions for due process
and confidentiality, adds autism and
traumatic brain injury categories, provides
bilingual education, requires transition
services and planning
Rights Reserved.
Year Law Importance
1997 Individuals with
Disabilities
Education Act
(IDEA) (P.L.
105-17)
Requires students with disabilities to receive services even if
expelled, allows use of developmental delay category through
age 9, requires access to general education curriculum and
state/district-wide testing, IEP team includes a general
education teacher and a behavior plan (if warranted), offers

mediation options, limits attorneys fees
2001 No Child Left
Behind Act
(NCLB)
Increases accountability and flexibility in use of federal funds,
offers school choice options, implements early reading
interventions
2004 Individuals with
Disabilities
Education
Improvement
Act (IDEIA)
(P.L. 108-446)
Allows RTI model to determine presence of a learning disability
and no longer requires use of the severe discrepancy model,
increases funding to early intervention services for students
who do not require special education, eliminates IEP short-
term objectives for some students, raises special education
licensure standards, adopts polices to prevent over-
representation of minority students in special education
Rights Reserved.
Provisions and Guidelines for Implementing
IDEA
§ Zero reject/Free, appropriate
public education (FAPE)

§ Child Find
§ Age (birth to 21)
§ Nondiscriminatory evaluation
§ Individualized education
program (IEP)
§ Least Restrictive
Environment (LRE)
§ Due process
§ Confidentiality of records
§ Advocacy
§ Noncompliance
§ Parent participation
Rights Reserved.
IDEIA Critical Guidelines for Teachers
in All Educational Settings (1 of 3)
§ Use person-first language
§ Require transition services in IEP at age 16
§ Provide for states and school districts to be sued if they
violate IDEIA

§ Include 2 new disability categories: autism and traumatic
brain injury
§ Add assistive technology as a support service
§ Promote involvement of students with disabilities in the
general education curriculum
Rights Reserved.
§ Require greater accountability for results so students with
disabilities are part of the accountability system
§ Require IEP to describe the student’s involvement in the
general education curriculum and detail the needed aids
and accommodations
§ Allow states and local districts to use “developmental
delay” eligibility criteria through age 9
§ Provide flexibility by allowing IDEIA-funded staff to work
with students who need their help but do not have a
disability
Rights Reserved.

§ Require states to include students with disabilities in
assessments with appropriate modifications and develop
alternate assessments
Rights Reserved.
Key Features of the IDEIA That Shape How
Provisions and Guidelines are Implemented
§ Evidence-based practices
§ Discipline
§ Response to Intervention (RTI)
§ Early intervention services
§ Evaluation and Individualized Education Programs (IEP)
§ Monitoring
§ Highly qualified teachers
§ Private schools
Rights Reserved.
What Classroom Teachers and Parents Need

to Know About Special Education Referral
and Identification
§ Step 1: Student is referred for
evaluation
§ Step 2: Full and individual
evaluation is conducted
§ Step 3: Eligibility for special
education is decided
§ Step 4: Student is found
eligible for services
§ Step 5: IEP meeting is
scheduled with entire IEP team
§ Step 6: IEP meeting is held
and the IEP is written
§ Step 7: Services aligning with
IEP are provided
§ Step 8: Ongoing progress is
monitored and reported
§ Step 9: IEP is reviewed at least
annually
§ Step 10: Reevaluation occurs
Rights Reserved.

Provisions of the Vocational Rehabilitation
Act (P.L. 93-112)
§ Prevents any private organization that uses federal funds,
or any local or state organization, from discriminating
against a person because of their disability
§ Prohibits discrimination against people with disabilities in
public education, employment, and social and health
services
§ People with disabilities have greater access to
opportunities in the workplace, community services, and
colleges and universities.
Rights Reserved.
Continuum of Educational Services:
The Least Restrictive Environment (LRE)
(1 of 2)
A continuum of services must be available for students with
disabilities:
§ Level I: General education classroom with consultation
from specialists
§ Level II: General education classroom; cooperative
teaching or co-teaching
§ Level III: Part-time placement in special education class
§ Level IV: Full-time special education classroom in a

general education school
Rights Reserved.
Continuum of Educational Services:
The Least Restrictive Environment (LRE)
(2 of 2)
§ Level V: Special school
§ Level VI: Residential school, treatment center,
homebound
Rights Reserved.
The Individualized Education Program
(IEP)
§ Teachers are required to develop an IEP for each student
with special educational needs.
§ The purpose is to provide an appropriate education that
meets the individualized needs of each student who has a
disability.
§ It is developed and implemented by the multidisciplinary
team (MDT).
§ The MDT includes a school representative, classroom
teacher, special education teacher, parents/guardians, a
person to interpret the evaluation results, and when

appropriate, the student.
Rights Reserved.
Contents of the IEP (1 of 2)
§ Student’s present levels of performance
§ Measurable annual goals, possibly short-term objectives
§ Special education, related services; school staff supports
§ The extent child will not participate with non-disabled
peers
§ Modifications to state-wide or district-wide assessments
§ Related services
Rights Reserved.
Contents of the IEP (2 of 2)
§ Dates, frequency, location, duration of services/supports
§ How progress toward goals will be measured and what
method will be used to communicate progress with
parents
§ Transition services by age 16

Rights Reserved.
Role of the IEP for Planning and Assessment
§ The IEP is a safeguard for students, their families, and
schools.
§ The IEP serves as a planning guide or guideline for daily
instructional planning.
§ Many commercial software or web-based programs are
used to write IEPs.
Rights Reserved.
IEP Meeting Attendees
§ Representative of the Local Education Agency (LEA)
§ School representative other than the teacher
§ Parent(s) or guardian(s)
§ The student, when appropriate
§ Student’s general and/or special education teacher
§ Individual who can interpret the instructional implications
of evaluation results

§ Others whom parents or the school think can help to
develop the IEP
Rights Reserved.
About the IEP
§ IEP team members collaborate to identify appropriate
accommodations and modifications for the student
§ Students should attend their IEP meetings whenever
appropriate
§ Person-centered planning (PCP) focuses on the needs of
the student and his/her family during the IEP process
§ Teach skills related to self-determination to the student
§ The special education teacher incorporates the IEP
team’s input into the IEP document
Rights Reserved.
Responsibilities of Classroom Teachers
A teacher’s role is to help students fulfill their IEP goals and
provide an appropriate education. Tips include:
§ Obtain and read relevant reports

§ Collaborate with special education professionals
§ Attend relevant meetings
§ Examine IEPs quarterly and monitor student progress
§ Keep student work samples
§ Maintain parent contact
§ Inform key personnel if the student does not progress
Rights Reserved.
Adaptations for Students with Disabilities
§ Treat all students with
respect
§ Include students at key
times
§ Adapt instruction, materials,
assessments, and
classroom management
strategies
§ Promote social and
academic opportunities
§ Establish personal
relationships

§ Communicate with students
and professionals
§ Use technology to support
learning
§ Monitor students’ progress
and understanding
§ Plan groups and/or partners
§ Provide ongoing feedback
Rights Reserved.
Participating in the Referral and Planning
Process (1 of 2)
§ Special education laws have led to great gains in the
academic successes of students with disabilities
§ 14% of the school-age population receives special
education services
§ Disability labels are controversial
§ The prereferral process includes RTI and PAT
– Response-to-intervention (RTI): Research-based
interventions provided with increasing intensity

Rights Reserved.
Participating in the Referral and Planning
Process (2 of 2)
– Prereferral assistance team (PAT): School-based
problem-solving team discusses student concerns and
assists teachers in meeting their students’ needs
Rights Reserved.
Prereferral Models (1 of 2)
Most school districts use one of these prereferral models:
§ Response-to-intervention (RTI) model
– Students may be identified as having a learning
disability if they do not respond to increasing levels of
research-based interventions
§ Special education teacher as consultant model
– Special education teachers provide ideas or in-class
support to general education teachers
Rights Reserved.
Prereferral Models (2 of 2)

§ Problem-solving model
– Collaboration by classroom teachers and others to
identify concerns and plan interventions
Rights Reserved.
RTI Model (1 of 2)
• Tier 1: Core Reading Instruction in the Regular Classroom
– Research-based instruction provided to all students
– Benchmark testing 3 times each year
• Tier 2: Supplemental Instruction
– Additional 30 minutes of daily, intensive small group
instruction
– Progress monitoring twice a month
Rights Reserved.
RTI Model (2 of 2)
• Tier 3: Intensive Instruction
– Two additional daily 30-minute sessions in small

groups
– Progress monitoring bimonthly
Rights Reserved.
Adapting Instruction
§ Classroom teachers adapt curriculum and instruction to
accommodate their students with disabilities
§ Adaptations enhance learning for all students
§ Incorporate students’ strengths and interests
§ Provide positive reinforcement
§ Increase motivation
Rights Reserved.
Testing Accommodations for Students
with Disabilities
Considerations for accommodations on high-stakes
assessments:
§ Setting
§ Administration
§ Timing

§ Computer-based testing
§ Response
§ Use of language
§ English language learners with disabilities
§ Universal design
Rights Reserved.
Expanding the Impact of the IDEIA:
Early Intervention
§ Part C of the IDEIA serves children under age 3 and their
families
§ Early intervention services incorporate goals for
education, health care, and social services
§ Emphasis on supporting family members’ ability to access
resources and manage the child’s needs
§ Individualized Family Support Plan (IFSP) instead of IEP
Rights Reserved.
Individualized Family Support Plan (IFSP)
Services
§ Screening and assessment
§ Psychological assessment and intervention

§ Occupational and physical therapy
§ Speech, language, and audiology services
§ Family involvement, training, and home visits
§ Specialized instruction for parents and child
§ Case management
§ Health services
Rights Reserved.
Individualized Family Support Plan (IFSP)
Contents
§ Present level of child’s functionin g
§ Family assessment
§ Major goals and outcomes
§ Procedures for measuring progress
§ Description of early intervention services, environments
where services will occur, and anticipated timeframe
§ Appointed case manager
§ Transition plan from the birth-to-3 program into a
preschool program

Rights Reserved.
Preschool Children (age 3 to 5)
§ Section B of the IDEIA provides special education and
related services to children from 3 to 5 (or 6) years old
§ Services are no longer provided for at-risk children
§ Preschool students have an IEP and receive a FAPE
§ The 2004 revisions to the IDEA allow children to continue
to receive services with an IFSP after age 3
Rights Reserved.
Transition from School
Transition services are a set of activities that prepare a
student with a disability to move from school to post-school
life including further education, employment, independent
living, and community participation.
§ Transition services are mandated for students aged 16 to
21 years
§ They are based on students’ strengths, preferences, and

interests
§ Transition activities can include: instruction, community
experiences, development of employment and other adult-
living objectives
Rights Reserved.
Individualized Transition Plan (ITP)
§ The ITP is included in the IEP
§ It is developed 5 to 7 years prior to graduation
§ It encourages coordinated efforts between services
§ It includes:
– Appropriate, measurable goals related to training,
education, employment, and independent living skills
– Statement of the transition services
– Student’s preferences, interests, needs
Rights Reserved.
Inclusion
§ Mainstreaming = The participation of students in the

general education classroom to the appropriate extent
§ Inclusion = The education of students with disabilities with
their nondisabled peers, with supports and services
provided as needed
§ Full inclusion = All students are educated in the general
education classroom all the time
§ Pull-out services = Students with disabilities receive
special education in a separate classroom
Rights Reserved.
Accessing Information About Students
(1 of 2)
Teachers can make a program outline about their students
with disabilities that includes:
§ Descriptive information about the student
§ Contact information
§ Current and previous special education services
§ Recommended instructional adaptations
§ Assessment data related to academics and social-
emotional development

Rights Reserved.
Accessing Information About Students
(2 of 2)
§ Effective reinforcers and supports
§ Instructional goals and objectives
§ Likes and dislikes
Rights Reserved.
Inclusion Issues
§ Not everyone agrees on every aspect of the education of
students with disabilities
§ Data does not indicate how schools have provided
accommodations and support services in least restrictive
settings
§ The extent to which specialized support services should
be available
Rights Reserved.
People First Language

• Start with the individual first and then the
condition
• For example,
– child with Autism;
– student with down syndrome;
– individual who is Deaf
Rights Reserved.
Copyright
By: Dr. Liana Gonzalez
Special Education Laws
Vocational Rehabilitation Act (VRA) of
1973
� Part of Public Law 93-112
� Defines handicapped person
� Defines appropriate education
� Prohibits discrimination against students with disabilities in
federally funded programs

Educational Amendment Act of 1974
� Grants federal funds to states for programming for
exceptional learners
� Provided the first federal funding of state programs for
students who are gifted and talented
� Grants students and families the right of due process in
special education placement
Education for All Handicapped Children
Act of 1975
� Part of PL 94-142, Part B
� Known as the mainstreaming law
� Requires states to provide a free and appropriate public
education for children with disabilities (ages 5-18)
� Requires Individualized Educational Programs (IEPs)
� First defined Least Restrictive Environment (LRE)
Education of the Handicapped Act
Amendments
� Requires states to extend free and appropriate education to
children with disabilities (ages 3-5)
� Established early intervention programs for infants and

toddlers with disabilities (ages birth-2 years)
Individuals with Disabilities Education
Act (IDEA) of 1990
� Renames and replaces PL 94-142
� Established ‘people first language’ when referring to people
with disabilities
� Extended Special Education services to include social work,
assistive technology, and rehabilitation services
� Extends provisions for due process and confidentiality for
students and parents
� Added two new categories for disability: autism and
traumatic brain injury
Act (IDEA)…continued.
� Required states to provide bilingual education programs for
students with disabilities
� Required states to educate students with disabilities for
transition to employment, and to provide transition services
� Required the development of individualized transition
programs for students with disabilities by the time they reach
the age of 16.

Act (IDEA) of 1997
Requires that:
� all students with disabilities continue to receive services even
if they have been expelled from school
� schools assume a greater responsibility for ensuring that
students with disabilities have access to the general education
curriculum
� a general education teacher be part of the IEP team
� Students with disabilities take part in statewide and district
assessments
Act (IDEA) of 1997…continued…
Requires that:
� states offer mediation as a voluntary option for parents and
educators to resolve differences
� a proactive behavior management plan be created and
included in
the IEP if the student with disabilities has behavior problems
� a limit be placed to the conditions under which attorneys can

collect fees under IDEA
Allows:
� states to extend their use of developmental delay category for
students through age 9
� Special Education staff who are working in general education
settings to also assist non-disabled students when needed
No Child Left Behind Act (NCLB) of
2001
� Improves performance of elementary and secondary schools
by increasing school, district, and state accountability for all
students, including those from minority populations
and those with special needs
� Provides more flexibility in how states use federal funds as
long as standards of accountability are met
� Offers vouchers for students enrolled in failing schools
� Implements early reading interventions
Improvement Act of 2004
� Allows districts to use a Response to Intervention (RtI)
model for
determining whether a child has a specific learning disability,
and
no longer requires that a child has a severe discrepancy between
achievement and intellectual ability to qualify

� Increases federal funds to provide early intervention services
to
students who do not need Special Education Services
� Eliminates use of short term objectives in IEPs except for
students
who do not take statewide achievement tests
� Raises standards for Special Education licensure
� Adopts policies designed to prevent the disproportionate
representation of students in Special Education by race and
ethnicity

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