2. What is autism?
Autism is a neurological disorder that can
impair communication, socialization and
behavior. It is usually diagnosed within
the first three years of life and is
approximately four times more common
in boys
than in girls.
3. My Experience with
Autistic Children
• From 2002-2014, I had four autistic students
mainstreamed into my classroom. Two of them were
mainstreamed for the first time in a regular education
setting. The other two were mainstreamed in
Kindergarten, after attending a special education
preschool program.
• I chose to research the rights of autistic students
in the classroom versus the rights of regular
education students because I have experienced
the pros and cons of mainstreaming students with
autism spectrum disorder.
9. Pertinent Laws
• The Americans with Disabilities Act (ADA) was
enacted in 1990 to address discrimination against
persons with disabilities. Title II of the ADA provides
that no individual with a disability shall, by reason of
such disability, be excluded from participation in or
be denied the benefits of the services, program or
activities of a public entity, or be subjected to
discrimination by any such entity.
10. • Section 504 of the Rehabilitation Act of 1973
prohibits the exclusion, the denial of benefits and
discrimination by reason of disability in programs or
activities receiving federal funds.
11. • The Individuals with Disabilities in Education Act (IDEA)
requires States and local education agencies to provide
a free and appropriate public education to children with
disabilities.
• The Individuals with Disabilities Education Act of 2004
(IDEA 2004) defines FAPE at 20 U.S.C Section 602(9):
“the term ‘free appropriate public education’ means
special education and related services that (a) have
been provided at public expense, under public
supervision and direction, and without charge; (b) meet
the standards of the State educational agency; (c)
include an appropriate preschool, elementary school, or
secondary school education; and (d) are provided in
conformity with the individualized education program
required under section 614(d).”
12. “The Fourteenth Amendment to the U.S. Constitution, adopted
in 1868, declares that no state may deny any person the equal
protection of the laws. This amendment protects the privileges of
all citizens, provides equal protection under the law, and gives
Congress the power to enforce this amendment through
legislation.”
“In 1974, Congress enacted the Equal Educational Opportunities
Act (EEOA) to champion the rights of all children to have equal
educational opportunities. Insofar as the EEOA addresses the
rights of students who may hope to continue their studies in
colleges and universities, this entry reviews the act’s
background and impact in K–12 settings. While focusing largely
on K–12 issues, this entry is designed to provide educators and
others who are interested in higher education with the ability to
understand how the EEOA might impact the rights of the
students with whom they interact on their campuses.”
13. Zachary Deal vs. Hamilton County
Department of Education
• Zachary Deal had motivated,
educated parents as
advocates.
• They researched and found
“applied behavioral analysis”
therapy to be highly
beneficial.
• HCDE refused to allow
Zachary to have ABA
because they found “no
significant proof for the
methodology.”
14. Court Findings:
The county failed to timely and properly evaluate Zachary’s
educational needs.
Although ABA therapy was a proven learning style for Zachary,
the county refused to consider it.
The goals and objectives set forth by the county were vague and
immeasurable.
The county failed to offer Zachary educational options.
The county failed to provide Zachary with meaningful and
appropriate opportunities for inclusion.
The county failed to provide services they had actually agreed to,
such as occupational therapy and speech therapy.
The county failed to provide Extended School Year services,
although they were deemed necessary to prevent regression.
15. “Preventing School Failure” Study
• Schools are becoming more knowledgeable about
autism and their responsibilities under IDEA.
• Two researchers studied 62 court cases involving
individuals with Autism Spectrum Disorder ranging in
age from 3 to 21.
• Families had sued school districts for violating IDEA.
• Schools prevailed in 39 cases, while parents
prevailed in 18.
16. “Based on these 62 cases, the most common substantive
violations were:
a failure to provide services (37%)
student behavior issues (32.3%)
extended school year services (24.2%)
applied behavior analysis (22.6%)
functional behavior assessment and behavior intervention plan
(14.5%)
transition (12.9%)
services that result in no progress (8%)”
17. “The most common procedural violations in the 62 cases were:
IEP issues (72.6%)
placement in the least restrictive environment (56.5%)
parental participation (22.6%)
evaluation (22.6%)
unqualified personnel (16.1%)”
18. “The ratio of boys (85.3%) to girls (14.7%) was
greater than 5-1, much higher than the 3- or 4-1
ratio cited by the National Autism Center, the
researchers write. With regard to diagnoses,
54.8% were identified with a single diagnosis of
an autism spectrum disorder and 45.2% were
identified with multiple diagnoses. As for grade
level, 43 cases involved students from pre-
Kindergarten through Grade 6, whereas 17
cases involved students in Grades 7-12. The
preferred methodology in most cases was
applied behavior analysis (ABA).”
19. Legal Issue: In placing autistic students in the Least
Restrictive Environment, they should be educated with
children who are not disabled to the maximum extent
appropriate. However, all children in the classroom must be
considered.
20. Rights of the Autistic Student
• The child deserves the right to academic success, as well as success in life.
• The IEP team has the responsibility of choosing the appropriate amount of time the
autistic student spends in the regular education classroom, as well as the support
services that may be needed.
• IEP goals and objectives must be appropriate and attainable, not randomly selected.
General education teachers must be involved when setting academic goals.
• The child with autism has the right to socially interact with his or her peers. This may
occur during lunch time or itinerant periods if the student is in a self-contained
classroom for the majority of the day.
• It is the responsibility of the classroom teacher, IEP team and administration to ensure
the student’s success within the regular education setting. However, accountability for a
student fully mainstreamed lies with the classroom teacher.
21. Rights of Regular Education Students
• Each student deserves the right to individual learning time with his
or her teacher.
• Every student deserves to be educated in an appropriate
environment. This could mean an environment without continual
outbursts or physically aggressive behavior.
• All students should have access to rigorous curriculum that meets
their individual learning needs.
• Students should be taught tolerance and acceptance of all
individuals. Autism is not a choice and it is up to the classroom
teacher to explain autism in a way that does not ridicule, but
promotes understanding.
22. How do I feel about it?
• Autistic students should be mainstreamed in increments as soon as
possible in their school careers.
• Austistic students need time to adjust to environments, people, sensory
inputs, etc.
• Teachers must understand that teaching an autistic student will be an
ever-changing challenge, but the results can be astounding.
• Teachers should be provided training at the district level on
understanding autism, IEP components and role-playing different types
of scenarios that could arise.
• Reading material pertaining to autism should be available to all
teachers.
