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  1. 1. Copyright © 2005 CHAPTER 9–SPECIAL SCHOOLING IN AMERICA William Kritsonis PAGE 230 All Rights Reserved / Forever This book is protected under the Copyright Act of 1976. Uncited Sources, Violators will be prosecuted. Courtesy, National FORUM Journals CHAPTER 9 SPECIAL SCHOOLING IN AMERICA KEY POINTS 1. Persons with disabilities were killed or left to die during the Greek empire. 2. The era of education began when Itard tried to work with Victor in 1799. 3. More than four million students with disabilities are served in special edu- cation programs. 4. The largest group of students served in special education are those classi- fied as learning disabled. 5. Public Law 99-142 was the key legislation that mandates current services to children with disabilities. 6. Public Law 99-457 mandates schools to provide services to children with disabilities of ages 3-5. 7. P.L. 94-142 requires schools to provide services to children with disabili- ties in regular classrooms as much as possible. 8. PARC vs. Pennsylvania was the first landmark case specifically dealing with disabled children that resulted in expanded services. 9. More states and school districts are beginning to provide services for chil- dren with disabilities using a noncategorical approach.10. The majority of students with disabilities are served in resource rooms.
  2. 2. SCHOOLING (2002)PAGE 231CHAPTER 9–SPECIAL SCHOOLING IN AMERICAA. OVERVIEWThis chapter provides students with an overview of special education. Legisla-tion and litigation that affect special education are discussed, as well as the ide-ology, characteristics, and definitions of the major disabilities. Also discussedare methods of serving these children in public schools.B. KEY TERMS–DEFINITIONSACCOMMODATION - assistance in passing regular class subjects.AT-RISK - children who have not yet been identified as having a disability, butare experiencing school problems and demonstrate a potential need for specialeducation services.AUTISM - a pervasive developmental disorder that appears prior to 30 monthsof age and is characterized by impairments of social, intellectual, and emotion-al functioning.CATEGORICAL - category of disabilities/impairments (exceptionalities).COMMUNICATION DISORDERS - disorders of speech and language thatimpair the exchange of information and ideas.DEAF - a loss of hearing of 90% or greater. Those whose sense of hearing isnonfunctional to the extent that it interferes with daily functioning and under-standing speech.DISABILITY - the reduced function or loss of a particular body part or organ(impairment).DUE PROCESS - procedural safeguards afforded students, parents, and teach-ers that protect individual rights.EARLY INTERVENTION - special education services given to children frombirth to age 5.EDUCATIONAL BLINDNESS - an inability to profit from printed material,even with magnification.EMOTIONAL/BEHAVIORAL DISORDERS - disorders characterized bychildren’s behaviors that are extreme and continuous over time that differ fromsocial or cultural norms.EXCEPTIONAL CHILDREN - children who function either above or belowthe norm and require a specialized program so they can be successful in theireducational placement.
  3. 3. CHAPTER 9–SPECIAL SCHOOLING IN AMERICA PAGE 232GIFTED AND TALENTED - demonstrating high attainment in the areas ofacademics, leadership, creativity, intellect, and/or visual or performing arts.HANDICAP - the problems a person with a disability experiences in interact-ing with the environment.HARD OF HEARING - consisting of a severe hearing loss that can be helpedwith a hearing aid for the development of speech and language skills.INCLUSION - educating children with special needs in regular educationclasses.INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA) - this actis the amended version of P.L. 94-142 that was passed in 1997. It provides afree, appropriate special education and related services; assures the rights ofchildren with special needs and their parents; assists states to provide for spe-cial education; and assures correctness of testing and evaluation procedures.IMPAIRMENT - lessened in quality or strength, damaged (disability).INDIVIDUAL EDUCATION PROGRAM (IEP) - individual program ofstudy mandated by federal and state laws for all students with disabilities inspecial education programs.LEAST RESTRICTIVE ENVIRONMENT - educational setting that is closestto regular education classroom for learners with special needs.LEGALLY BLIND - a student whose visual acuity is 20/200 or less in the bet-ter eye with best correction, or a restriction in the visual field (peripheral vi-sion) of 20 degrees or less.MAINSTREAMING - the practice of integrating students with disabilities intoregular classrooms and programs as much as possible; implementation of theleast restrictive environment.MENTAL RETARDATION - a condition related to intellectual deficits; usual-ly defined in terms of limited IQ scores and adaptive behavior. Below-averagecapacity of a student to perform in regular school settings.MULTIPLE DISABILITIES - having a variety of disabilities that together ad-versely affect a child’s educational progress.NONCATEGORICAL - abandons the categories (in special education) andrefers simply to exceptional children as those who require special services of asubstantive nature and degree to assume optimum learning and educational de-velopment.ORTHOPEDIC - impairments caused by congenital abnormality, or by diseaseand other causes such as cerebral palsy and amputations. Examples include:clubfoot; congenital vertical talus; leg-length; dislocated hip; scoliosis; arthri-
  4. 4. SCHOOLING (2002)PAGE 233tis; rheumatoid arthritis; various muscle, brain and spinal cord diseases; andbone tumors.OTHER HEALTH IMPAIRMENTS - chronic or acute health problems thatnegatively affect a child’s educational progress (heart condition, asthma,epilepsy, diabetes, etc.).PARENTAL RIGHTS - right to examine school records, the right to obtain anindependent evaluation, the right to receive prior notice before a change of pro-gram, and the right to disagree with and appeal a decision made by the schoolconcerning special education services.P.L. 94-142 - Education for All Handicapped Children Act. Passed in 1975,this act mandates a free, appropriate public education for all handicapped chil-dren.RELATED SERVICE - support service needed for a child to benefit from hiseducational program.SEVERE DISABILITIES - disabilities that are extreme and profound. Indi-viduals with severe disabilities require very specialized special education pro-grams to benefit from their educational placement.SPECIAL EDUCATION - specialized programs developed for the educationof children with disabilities.SPECIFIC LEARNING DISABILITY - a condition where students of aver-age or above average intelligence have difficulty with academic subjects anddemonstrate a severe discrepancy between their intellectual ability and aca-demic achievement.TRAUMATIC BRAIN INJURY - an injury to the brain that results in a dis-ability or disorder and negatively affects a child’s educational progress.VISUALLY IMPAIRED - school age children whose vision impairment, evenwith correction, adversely affects their educational performance.C. SOME PRECEDING THOUGHTS1. How were individuals with disabilities treated prior to 1750? Prior to the middle 1700s, the plight of the disabled was dismal. During the period when ancient works were written (the Bible, the Talmud, the Koran, the Papyrus of Thebes), many individuals with disabilities fre- quently were left to die or actually were put to death. The philosophy of the time was that people unable to take care of themselves should be done away with. During the next several hundred years, people with disabilities were used as court fools in addition to most being forced to beg for a liv-
  5. 5. CHAPTER 9–SPECIAL SCHOOLING IN AMERICA PAGE 234 ing. During the Renaissance and Reformation periods, persecution of indi- viduals with disabilities was even practiced by the religious leaders of the time who thought the handicapped were filled with Satan. Until the middle 1700s, people with disabilities were forced to beg, left to die, killed out- right, or chained and put in dungeons.2. What is the magnitude of special education today? Educational and support services provided for children with special needs in public schools are more extensive than ever before. a. the number of children with special needs who receive special educa- tion and related services have slightly increased; b. in the year 2002, approximately seven million children with special needs were receiving special education; c. the largest categories of children with special needs include speech and language impairments and specific learning disabilities; d. most students with special needs spend at least part of their day in reg- ular education classes; e. the majority of children with special needs are classified as having mild disabilities.3. What are some important laws relating to special education? a. P.L. 45-186 - 1879 - $10,000 to American Printing House for the blind to produce Braille materials; b. P.L. 66-236 - 1920 - made civilians eligible for vocational rehabilita- tion that were provided for WWI veterans; c. P.L. 80-617 - 1948 - eliminated discrimination in hiring people with physical impairments; d. P.L. 83-531 - 1954 - provided funds for education research in the area of mental retardation; e. P.L. 85-926 - 1958 - provided funds for universities to prepare teachers for mentally retarded children (National Defense Education Act); f. P.L. 88-164 - 1963 - provided funds to prepare special education teach- ers for all types of students with disabilities (Mental Retardation Facili- ty and Community Center Construction Act); g. P.L. 89-10 - 1965 - provided funds to schools to assist the disadvan- taged and disabled (Elementary and Secondary Education Act); h. P.L. 89-36 - 1965 - created the National Institute for the Deaf;
  6. 6. SCHOOLING (2002)PAGE 235 i. P.L. 91-61 - 1969 - established National Center on Educational Media and Materials for the Individuals with Disabilities; k. P.L. 91-205 - 1970 - required buildings constructed with federal funds to be accessible to the people with physical impairments; l. P.L. 93-112 - 1973 - assured rights of people with disabilities in em- ployment and educational institutions (Section 504 of the Rehabilita- tion Act); m. P.L. 93-380 - 1975 - provided money for programs for gifted and tal- ented students (Education Amendments); n. P.L. 98-199 - 1983 - mandated that states collect data on the number of students with disabilities being served, extending services to include transition to adulthood, and gave money to states for early intervention programs (Amendments to the Education of the Handicapped Act); o. P.L. 99-457 - 1986 - mandated that states provide programs for all 3-5 year old children with special needs and included grants for states to begin programs for birth-2 infants and their families (Education for the Handicapped Act Amendments of 1986); p. P.L. 101-336 - 1990 - civil rights protection against discrimination to individuals with disabilities (Americans with Disabilities Act); q. P.L. 101-476 - 1990 - renamed the EHA. This act added autism and traumatic brain injury as new exceptionalities, required a statement of transition services on the IEP by age 16, and added rehabilitation coun- seling and social work services as related services (Individuals with Disabilities Education Act); r. P.L. 105-17 - 1997 - increased parent and teacher regular education participation in decision making and IEP development, included stu- dents with disabilities in the general education curriculum and state as- sessment, and provided for discipline procedures to be used with stu- dents with disabilities (Individuals with Disabilities Education Act of 1997).4. What are the key components of IDEA? Key Components of IDEA a. A requirement that children with special needs be educated in the least restrictive environment. This mandates that children with special needs be educated with their non-disabled peers as much of the time as possi- ble. Most people interpret the least restrictive environment concept to mean mainstreaming.
  7. 7. CHAPTER 9–SPECIAL SCHOOLING IN AMERICA PAGE 236 b. A requirement that every child with a disability have an individual edu- cation program (IEP) and access to free, appropriate education. c. P.L. 94-142 also defined the special needs population: The act states that children with disabilities are those evaluated as being “mentally re- tarded, hard of hearing, deaf, speech/language impaired, visually im- paired, seriously emotionally/behaviorally disturbed, orthopedically impaired, other health impaired, deaf-blind, multiple disabilities, or as having specific learning disabilities, and because of these disabilities need special education and related services.” d. A requirement for non-discriminatory assessment. e. Assurance of due process for parents and children. f. A requirement that students with disabilities receive related services and assistive technology when these services are required to enable a child to benefit from special education. g. Assurance of parent and student participation and shared decision making. h. Inclusion of special education programs for infants and toddlers with special needs birth-age 5. i. Federal funding of special education. j. Tuition reimbursement for parents whose children with special needs must be placed in private schools.5. What court cases are considered landmarks in special education? a. Brown vs. Board of Education of Topeka (1954, Kansas) - established the right of all children to an equal opportunity and protection for an education. b. Hansen vs. Hobson (1967, Washington, DC) - tracking systems where children were placed into either regular or special education classes ac- cording to intelligence test scores discriminated against African Ameri- cans and poor children. c. Diana vs. State Board of Education (1970, California) - ruled that mi- nority children should be tested in their native language. d. Mills vs. Board of Education of the District of Columbia (1972, District of Columbia) - extended rights to education beyond the mentally re- tarded category to all children with special needs and specifically indi- cated that the poor could not be subject to discrimination; right to a “constructive education” including appropriate specialized instruction.
  8. 8. SCHOOLING (2002)PAGE 237 e. Pennsylvania Association for Retarded Citizens vs. the Commonwealth of Pennsylvania (1972, Pennsylvania) - a class-action law suit that firmly established the right to free public education for all children with mental retardation; child-find activities will be done. f. Wyatt vs. Stickney (1972, Alabama) - ruled that individuals in state in- stitutions have the right to appropriate treatment within those institu- tions. g. Armstrong vs. Kline (1979, Pennsylvania) - ruled that some children with severe disabilities may legitimately require extended-year pro- gramming. Did not mandate summer programming but indicated that the parents were correct: each child’s IEP should determine the length of the child’s school year. h. Larry P. vs. Riles (1979, California) - court decision ordered that IQ tests could not be used as the sole basis for placing children into special education classes. i. Board of Education of the Hendrick Hudson Central School District vs. Rowley (1982, New York) - first 94-142 case to be ruled on by the Supreme Court. The court ruled that the purpose of 94-142 was to guarantee access to public education, not equality of education oppor- tunity. j. Board of Education of Hudson Central School District vs. Rowley (1982, New York) - school officials may decide whether the additional costs of “supportive services” are worthwhile in terms of the education- al benefit for the child. Rowley was the first case ruled on by the U.S. Supreme Court that dealt with P.L. 94-142. k. Abrahamson vs. Hershman (1983, Massachusetts) - required the school district to pay for the private placement in a residential school for a child with multiple disabilities. l. Department of Education vs. Katherine (1984, Hawaii) - court ruled that services being provided in a homebound setting for a child with multiple health impairments did not meet the least restrictive setting re- quirement of P.L. 94-142; court was ordered to move the child to an in- tegrated school setting with medical support services. m. Irving Independent School District vs. Tatro (1984, Texas) - U.S. Supreme Court ruled that catheterization was a legitimate related ser- vice for a child with physical disabilities.
  9. 9. CHAPTER 9–SPECIAL SCHOOLING IN AMERICA PAGE 238 n. Smith vs. Robinson (1984, Rhode Island) - ordered the school district to reimburse the parents’ attorney fees for placement of a child with se- vere disabilities in a residential program. o. Cleburne vs. Cleburne Independent Living Center (1985, Texas) - U.S. Supreme Court ruled that cities cannot use various zoning laws to pre- vent the establishment of a group home for persons with mental retar- dation. p. Honig vs. Doe (1988, California) - children with disabilities cannot be excluded from school for any inappropriate misbehavior that is disabil- ity-related. Educational services can cease if the inappropriate misbe- havior is not disability related. q. Timothy W. vs. Rochester School District (1989, New Hampshire) - an interpretation of P.L. 94-142 requiring all children with disabilities be provided with a free, appropriate public education, unconditionally and without exception.6. How did the Civil Rights Movement affect special education? Following litigated victories by minorities, parents of children with special needs decided to pursue equity through the courts and legislative lobbying.7. What are the categories used to classify children with special needs us- ing the traditional classification system? a. Autism; b. Deaf-Blind; c. Emotional Disturbance/Behavior Disorders; d. Hearing Impairments; e. Mental Retardation; f. Multiple Disabilities; g. Orthopedic Impairments; h. Other Health Impairments; i. Physical Impairments; j. Specific Learning Disabilities; k. Speech and Language Impairments; l. Traumatic Brain Injury; m. Visual Impairments/Blind.
  10. 10. SCHOOLING (2002) PAGE 239 8. What service options were available using the traditional service deliv- ery system? Categorical Grouping - based on categories of disabilities: Self-Con- tained Classes - segregated from the rest of the students in a separate room with one teacher. Special Schools - a more blatant form of segregation; students with special needs were educated in a separate facility. Institutional Settings - an early method of intervention. 9. What options should be available along a continuum of services mod- el? Requires schools to provide appropriate educational services on an indi- vidual basis. As a result, schools must be prepared to provide educational services in a variety of settings, with the placement decision of each child depending on unique characteristics, strengths, and weaknesses. Listed Least Restricted to Most Restricted Level I - full-time regular classroom Level II - full-time regular classroom with consultation Level III - full-time regular classroom with supplementary instruction Level IV - part-time special class (resource room) Level V - full-time special class (self contained room) Level VI - special schools within the public school system Level VII - homebound Level VIII - hospital or residential setting10. Some related facts are: a. persons with disabilities were killed or left to die during the Spartan em- pire; b. the era of education began when Itard tried to work with Victor in 1799; c. the largest group of students served in special education are those clas- sified with speech and language impairment followed by specific learn- ing disabilities;
  11. 11. CHAPTER 9–SPECIAL SCHOOLING IN AMERICA PAGE 240 d. public Law 94-142 was the key legislation that mandates current ser- vices to children with disabilities; e. Public Law 99-457 mandates schools to provide services to children with disabilities ages 3-5 and gives incentives to states to have pro- grams for infants and toddlers birth-2; f. Public Law 94-142 requires schools to provide services to children with disabilities in regular classrooms as much as possible (least re- strictive environment); g. PARC vs. Pennsylvania was the first landmark case specifically dealing with children with disabilities that resulted in expanded services; h. states and school districts are providing services to children with dis- abilities using a noncategorical approach; i. the majority of students with disabilities are served in the regular class- room followed by the resource room.11. Who serves on the IEP team? a. Parents, guardian, or surrogate parent of the child; b. at least one regular education teacher of the child; c. at least one special education teacher (provider) of the child; d. a representative of the local education agency; e. an individual who can interpret the evaluation results; f. any individual at the discretion of the parent or school; g. the student, if appropriate, must be invited.12. What are the components of an IEP? a. a statement of the child’s educational performance; b. measurable annual goals and objectives; c. a statement of services (including special education and related services) provided for the child and the school personnel responsible for each; d. a statement of program modifications/accommodations; e. a statement of the extent that the child will participate with non-dis- abled children; f. a statement regarding state assessment with respect to needed modifi- cations and type of assessment;
  12. 12. SCHOOLING (2002)PAGE 241 g. the projected date for the initiation of all services and the frequency, lo- cation, and duration of those services; h. a statement of how annual goals will be measured and how parents will be informed of this progress; i. a statement regarding transitional services at age 14 when appropriate; otherwise at age 16.D. DISCUSSION QUESTIONS AND EXERCISES1. Why should schools provide special education to students with disabil- ities? Special education has been provided for students with disabilities for most of the 20th century; however, the magnitude of special education has grown dramatically since the 1950s. As a result of legislation and litigation, pub- lic schools are now required to provide necessary special education for all children with special needs.2. Describe the “shared responsibility” between regular educators and special education teachers regarding students with disabilities. Special education once was limited to educational services provided for students with disabilities, primarily mentally retarded students, in a self- contained classroom by a special education teacher. Regular classroom teachers rarely saw these students or their teachers. At present, the focus is to provide educational and therapeutic services to all children with special needs in an integrated setting. Children with disabilities are educated with non-disabled students as much of the time as is appropriate. The education of children with disabilities has become a shared responsibility among spe- cial education personnel, regular classroom teachers, and school support personnel.3. What are the components of IDEA? IDEA (1990 Amendments) is the restructuring of P.L. 94-142. It ensures that every student with disabilities receives a free, appropriate public edu- cation in the least restrictive environment.4. What should regular education teachers reflect upon relative to inclu- sion? a. Are you willing to have age-appropriate students with disabilities in your class? b. Do you modify your curriculum, instructional methods, and materials to meet the diverse needs of students in your class?
  13. 13. CHAPTER 9–SPECIAL SCHOOLING IN AMERICA PAGE 242 c. Are you open to suggestions and modifications in your teaching and classroom management? d. Are you willing to share your teaching responsibilities with other pro- fessionals? e. Do you expect disabled students to be as successful in meeting their own goals as nondisabled students are in meeting theirs? f. Do you call on students with disabilities as much as you call on other students in your class? g. Do you use heterogeneous grouping? h. Do you use peer tutoring? i. Do you use adaptive technology and customized software? j. Have you attended training sessions about responsible inclusion? Source: Lombardi, T.P. (1994). Responsible inclusion of students with disabilities. Bloomington, IN: Phi Delta Kappa Educational Foundation. Adapted with permission.5. Should schools provide the best education as possible to students with disabilities? Defend your answer.E. REVIEW ITEMSTrue-False1. In ancient Sparta, individuals with disabilities were often put to death for no reason other than being disabled.2. Religious leaders such as Martin Luther and John Calvin have been guilty of persecuting the disabled.3. Services for children with special needs have grown slightly during this century.4. The number of public school classes for the mentally retarded began to in- crease significantly immediately following the Civil War.5. The “Education of All Handicapped Children Act” can be considered to be an extension of civil rights legislation.6. The Council for Exceptional Children has probably been the most influen- tial lobby group for rights of the disabled.
  14. 14. SCHOOLING (2002)PAGE 2437. P.L. 94-142 mandates that children with disabilities receive the best possi- ble education.8. Due process requirements of P.L. 94-142 mandates that children with dis- abilities receive the best possible education.9. In Armstrong vs. Kline, parents of a child with special needs won the right, under P.L. 94-142, for their child to receive extended year programming.10. The Rowley case was the first case heard by the U.S. Supreme Court deal- ing with P.L. 94-142.11. Minority children tend to be over-represented in special education classes.12. There are two categories of hearing impairment: hard of hearing and deaf.13. Proponents of the noncategorical model of special education say that cate- gorical groupings are irrelevant to the educational process.14. Current trends are toward categorical classification systems.15. The majority of schools now use the resource room model to provide spe- cial education services.16. The term accommodation refers to remediation of a student’s basic skills or assistance in passing regular class subjects.17. P.L. 99-457 lowers the mandated age for services to one year old.Multiple Choice1. The first individual intelligence test was developed by _______. a. Stanford b. Binet c. Thomas Stanford & Joseph Bidet d. Juliet Prowse2. _______ occurred during the 20th century. a. the beginning of classes for the emotionally disturbed b. increase in number of public school classes for the emotionally dis- turbed c. increase in number of residential schools for visually and hearing im- paired children d. all of the above3. _______ contributed either directly or indirectly to the improvement of op- portunities for the individuals with disabilities during the 1960s and 1970s. a. legislation b. litigation c. civil rights movement d. all of the above
  15. 15. CHAPTER 9–SPECIAL SCHOOLING IN AMERICA PAGE 2444. P.L. 94-142 was passed in _______. a. 1975 b. 1976 c. 1977 d. 19785. _______ is not a provision of P.L. 94-142. a. free, appropriate education b. least restrictive environment c. best possible education d. all of the above 6. Due process guaranties to the parent in P.L. 94-142 include ________. a. the right to examine school records b. the right to obtain an independent evaluation c. the right to prior notice before a change in child’s program d. all of the above 7. _______ are “related services.” a. services required to enable a child to benefit from special education b. counseling services only c. non-diagnostic medical treatment d. any beneficial therapeutic or rehabilitative services 8. _______ court case extended the rights of education to all handicapped children? a. PARC b. Mill vs. Board of Education of Washington DC c. Diane vs. State Board of Education d. Armstrong vs. Kline 9. The Rowley case _______. a. determined that minority children must be tested in their own language b. established the right of children with disabilities to be provided with summer schooling when appropriate c. resulted in state governments acknowledging responsibility to provide appropriate education to all children d. was the first case ruled on by the U.S. Supreme Court that dealt with P.L. 94-14210. The newest category used to classify children with disabilities is _______. a. specific learning disabilities b. emotionally disturbed c. seriously emotionally disturbed d. autism11. Characteristics associated with specific learning disabilities include all of the following except _______. a. significantly sub-average intelligence b. disorders of speech and hearing
  16. 16. SCHOOLING (2002)PAGE 245 c. attention disorders d. hyperactivity12. “A deviation from age-appropriate behavior which significantly interferes with the child’s growth and development and/or the lives of others” is the definition for _______. a. specific learning disabilities b. traumatic brain injury c. psychosis d. behavior disorder13. The primary reason for moving toward the noncategorical model of special education services is_______. a. cost b. intense pressure from parental groups c. P.L. 94-142 d. a general, systematic move toward inclusion of more persons with dis- abilities and more services for them14. The majority of schools educate children with special needs using ______. a. self-contained classrooms b. resource room model c. deinstitutionalization d. regular classrooms