SCHOOLING (2002)PAGE 231CHAPTER 9–SPECIAL SCHOOLING IN AMERICAA. OVERVIEWThis chapter provides students with an overview of special education.Legislation and litigation that affect special education are discussed, as well asthe ideology, characteristics, and definitions of the major disabilities. Alsodiscussed are 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, andemotional 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 andunderstanding speech.DISABILITY - the reduced function or loss of a particular body part or organ(impairment).DUE PROCESS - procedural safeguards afforded students, parents, andteachers 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.
CHAPTER 9–SPECIAL SCHOOLING IN AMERICAPAGE 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 ininteracting 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 forspecial 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 thebetter eye with best correction, or a restriction in the visual field (peripheralvision) 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;usually defined in terms of limited IQ scores and adaptive behavior. Below-average capacity of a student to perform in regular school settings.MULTIPLE DISABILITIES - having a variety of disabilities that togetheradversely 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 educationaldevelopment.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;
SCHOOLING (2002)PAGE 233arthritis; rheumatoid arthritis; various muscle, brain and spinal cord diseases;and bone 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 ofprogram, and the right to disagree with and appeal a decision made by theschool concerning 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 handicappedchildren.RELATED SERVICE - support service needed for a child to benefit from hiseducational program.SEVERE DISABILITIES - disabilities that are extreme and profound.Individuals with severe disabilities require very specialized special educationprograms to benefit from their educational placement.SPECIAL EDUCATION - specialized programs developed for the educationof children with disabilities.SPECIFIC LEARNING DISABILITY - a condition where students ofaverage or above average intelligence have difficulty with academic subjectsand demonstrate a severe discrepancy between their intellectual ability andacademic achievement.TRAUMATIC BRAIN INJURY - an injury to the brain that results in adisability 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. Duringthe period when ancient works were written (the Bible, the Talmud, theKoran, the Papyrus of Thebes), many individuals with disabilitiesfrequently were left to die or actually were put to death. The philosophy ofthe time was that people unable to take care of themselves should be doneaway with. During the next several hundred years, people with disabilitieswere used as court fools in addition to most being forced to beg for a
CHAPTER 9–SPECIAL SCHOOLING IN AMERICAPAGE 234living. During the Renaissance and Reformation periods, persecution ofindividuals with disabilities was even practiced by the religious leaders ofthe time who thought the handicapped were filled with Satan. Until themiddle 1700s, people with disabilities were forced to beg, left to die, killedoutright, or chained and put in dungeons.2. What is the magnitude of special education today?Educational and support services provided for children with special needsin public schools are more extensive than ever before.a. the number of children with special needs who receive specialeducation and related services have slightly increased;b. in the year 2002, approximately seven million children with specialneeds were receiving special education;c. the largest categories of children with special needs include speech andlanguage impairments and specific learning disabilities;d. most students with special needs spend at least part of their day inregular education classes;e. the majority of children with special needs are classified as having milddisabilities.3. What are some important laws relating to special education?a. P.L. 45-186 - 1879 - $10,000 to American Printing House for the blindto produce Braille materials;b. P.L. 66-236 - 1920 - made civilians eligible for vocationalrehabilitation that were provided for WWI veterans;c. P.L. 80-617 - 1948 - eliminated discrimination in hiring people withphysical impairments;d. P.L. 83-531 - 1954 - provided funds for education research in the areaof mental retardation;e. P.L. 85-926 - 1958 - provided funds for universities to prepare teachersfor mentally retarded children (National Defense Education Act);f. P.L. 88-164 - 1963 - provided funds to prepare special educationteachers for all types of students with disabilities (Mental RetardationFacility and Community Center Construction Act);g. P.L. 89-10 - 1965 - provided funds to schools to assist thedisadvantaged and disabled (Elementary and Secondary EducationAct);
SCHOOLING (2002)PAGE 235h. P.L. 89-36 - 1965 - created the National Institute for the Deaf;i. P.L. 91-61 - 1969 - established National Center on Educational Mediaand Materials for the Individuals with Disabilities;k. P.L. 91-205 - 1970 - required buildings constructed with federal fundsto be accessible to the people with physical impairments;l. P.L. 93-112 - 1973 - assured rights of people with disabilities inemployment and educational institutions (Section 504 of theRehabilitation Act);m. P.L. 93-380 - 1975 - provided money for programs for gifted andtalented students (Education Amendments);n. P.L. 98-199 - 1983 - mandated that states collect data on the number ofstudents with disabilities being served, extending services to includetransition to adulthood, and gave money to states for early interventionprograms (Amendments to the Education of the Handicapped Act);o. P.L. 99-457 - 1986 - mandated that states provide programs for all 3-5year old children with special needs and included grants for states tobegin programs for birth-2 infants and their families (Education for theHandicapped Act Amendments of 1986);p. P.L. 101-336 - 1990 - civil rights protection against discrimination toindividuals with disabilities (Americans with Disabilities Act);q. P.L. 101-476 - 1990 - renamed the EHA. This act added autism andtraumatic brain injury as new exceptionalities, required a statement oftransition services on the IEP by age 16, and added rehabilitationcounseling and social work services as related services (Individualswith Disabilities Education Act);r. P.L. 105-17 - 1997 - increased parent and teacher regular educationparticipation in decision making and IEP development, includedstudents with disabilities in the general education curriculum and stateassessment, and provided for discipline procedures to be used withstudents with disabilities (Individuals with Disabilities Education Actof 1997).4. What are the key components of IDEA?Key Components of IDEAa. A requirement that children with special needs be educated in the leastrestrictive environment. This mandates that children with special needsbe educated with their non-disabled peers as much of the time as
CHAPTER 9–SPECIAL SCHOOLING IN AMERICAPAGE 236possible. Most people interpret the least restrictive environmentconcept to mean mainstreaming.b. A requirement that every child with a disability have an individualeducation program (IEP) and access to free, appropriate education.c. P.L. 94-142 also defined the special needs population: The act statesthat children with disabilities are those evaluated as being “mentallyretarded, hard of hearing, deaf, speech/language impaired, visuallyimpaired, seriously emotionally/behaviorally disturbed, orthopedicallyimpaired, other health impaired, deaf-blind, multiple disabilities, or ashaving specific learning disabilities, and because of these disabilitiesneed 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 servicesand assistive technology when these services are required to enable achild 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 withspecial needs birth-age 5.i. Federal funding of special education.j. Tuition reimbursement for parents whose children with special needsmust 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) - establishedthe right of all children to an equal opportunity and protection for aneducation.b. Hansen vs. Hobson (1967, Washington, DC) - tracking systems wherechildren were placed into either regular or special education classesaccording to intelligence test scores discriminated against AfricanAmericans and poor children.c. Diana vs. State Board of Education (1970, California) - ruled thatminority children should be tested in their native language.d. Mills vs. Board of Education of the District of Columbia (1972, Districtof Columbia) - extended rights to education beyond the mentallyretarded category to all children with special needs and specifically
SCHOOLING (2002)PAGE 237indicated that the poor could not be subject to discrimination; right to a“constructive education” including appropriate specialized instruction.e. Pennsylvania Association for Retarded Citizens vs. the Commonwealthof Pennsylvania (1972, Pennsylvania) - a class-action law suit thatfirmly established the right to free public education for all childrenwith mental retardation; child-find activities will be done.f. Wyatt vs. Stickney (1972, Alabama) - ruled that individuals in stateinstitutions have the right to appropriate treatment within thoseinstitutions.g. Armstrong vs. Kline (1979, Pennsylvania) - ruled that some childrenwith severe disabilities may legitimately require extended-yearprogramming. Did not mandate summer programming but indicatedthat the parents were correct: each child’s IEP should determine thelength of the child’s school year.h. Larry P. vs. Riles (1979, California) - court decision ordered that IQtests could not be used as the sole basis for placing children into specialeducation 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 theSupreme Court. The court ruled that the purpose of 94-142 was toguarantee access to public education, not equality of educationopportunity.j. Board of Education of Hudson Central School District vs. Rowley(1982, New York) - school officials may decide whether the additionalcosts of “supportive services” are worthwhile in terms of theeducational benefit for the child. Rowley was the first case ruled on bythe U.S. Supreme Court that dealt with P.L. 94-142.k. Abrahamson vs. Hershman (1983, Massachusetts) - required the schooldistrict to pay for the private placement in a residential school for achild with multiple disabilities.l. Department of Education vs. Katherine (1984, Hawaii) - court ruledthat services being provided in a homebound setting for a child withmultiple health impairments did not meet the least restrictive settingrequirement of P.L. 94-142; court was ordered to move the child to anintegrated school setting with medical support services.
CHAPTER 9–SPECIAL SCHOOLING IN AMERICAPAGE 238m. Irving Independent School District vs. Tatro (1984, Texas) - U.S.Supreme Court ruled that catheterization was a legitimate relatedservice for a child with physical disabilities.n. Smith vs. Robinson (1984, Rhode Island) - ordered the school district toreimburse the parents’ attorney fees for placement of a child withsevere 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 toprevent the establishment of a group home for persons with mentalretardation.p. Honig vs. Doe (1988, California) - children with disabilities cannot beexcluded from school for any inappropriate misbehavior that isdisability-related. Educational services can cease if the inappropriatemisbehavior is not disability related.q. Timothy W. vs. Rochester School District (1989, New Hampshire) - aninterpretation of P.L. 94-142 requiring all children with disabilities beprovided with a free, appropriate public education, unconditionally andwithout exception.6. How did the Civil Rights Movement affect special education?Following litigated victories by minorities, parents of children with specialneeds decided to pursue equity through the courts and legislative lobbying.7. What are the categories used to classify children with special needsusing 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;
SCHOOLING (2002)PAGE 239l. Traumatic Brain Injury;m. Visual Impairments/Blind.8. What service options were available using the traditional servicedelivery system?Categorical Grouping - based on categories of disabilities: Self-Contained Classes - segregated from the rest of the students in a separateroom with one teacher.Special Schools - a more blatant form of segregation; students with specialneeds were educated in a separate facility.Institutional Settings - an early method of intervention.9. What options should be available along a continuum of servicesmodel?Requires schools to provide appropriate educational services on anindividual basis. As a result, schools must be prepared to provideeducational services in a variety of settings, with the placement decision ofeach child depending on unique characteristics, strengths, and weaknesses.Listed Least Restricted to Most RestrictedLevel I - full-time regular classroomLevel II - full-time regular classroom with consultationLevel III - full-time regular classroom with supplementary instructionLevel IV - part-time special class (resource room)Level V - full-time special class (self contained room)Level VI - special schools within the public school systemLevel VII - homeboundLevel VIII - hospital or residential setting10. Some related facts are:a. persons with disabilities were killed or left to die during the Spartanempire;b. the era of education began when Itard tried to work with Victor in 1799;
CHAPTER 9–SPECIAL SCHOOLING IN AMERICAPAGE 240c. the largest group of students served in special education are thoseclassified with speech and language impairment followed by specificlearning disabilities;d. public Law 94-142 was the key legislation that mandates currentservices to children with disabilities;e. Public Law 99-457 mandates schools to provide services to childrenwith disabilities ages 3-5 and gives incentives to states to haveprograms for infants and toddlers birth-2;f. Public Law 94-142 requires schools to provide services to childrenwith disabilities in regular classrooms as much as possible (leastrestrictive environment);g. PARC vs. Pennsylvania was the first landmark case specifically dealingwith children with disabilities that resulted in expanded services;h. states and school districts are providing services to children withdisabilities using a noncategorical approach;i. the majority of students with disabilities are served in the regularclassroom 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-disabledchildren;
SCHOOLING (2002)PAGE 241f. a statement regarding state assessment with respect to neededmodifications and type of assessment;g. the projected date for the initiation of all services and the frequency,location, and duration of those services;h. a statement of how annual goals will be measured and how parents willbe 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 withdisabilities?Special education has been provided for students with disabilities for mostof the 20thcentury; however, the magnitude of special education has growndramatically since the 1950s. As a result of legislation and litigation,public schools are now required to provide necessary special education forall children with special needs.2. Describe the “shared responsibility” between regular educators andspecial education teachers regarding students with disabilities.Special education once was limited to educational services provided forstudents with disabilities, primarily mentally retarded students, in a self-contained classroom by a special education teacher. Regular classroomteachers rarely saw these students or their teachers. At present, the focus isto provide educational and therapeutic services to all children with specialneeds in an integrated setting. Children with disabilities are educated withnon-disabled students as much of the time as is appropriate. The educationof children with disabilities has become a shared responsibility amongspecial education personnel, regular classroom teachers, and schoolsupport personnel.3. What are the components of IDEA?IDEA (1990 Amendments) is the restructuring of P.L. 94-142. It ensuresthat every student with disabilities receives a free, appropriate publiceducation in the least restrictive environment.4. What should regular education teachers reflect upon relative toinclusion?a. Are you willing to have age-appropriate students with disabilities inyour class?
CHAPTER 9–SPECIAL SCHOOLING IN AMERICAPAGE 242b. Do you modify your curriculum, instructional methods, and materials tomeet the diverse needs of students in your class?c. Are you open to suggestions and modifications in your teaching andclassroom management?d. Are you willing to share your teaching responsibilities with otherprofessionals?e. Do you expect disabled students to be as successful in meeting theirown goals as nondisabled students are in meeting theirs?f. Do you call on students with disabilities as much as you call on otherstudents 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 withdisabilities? Defend your answer.E. REVIEW ITEMSTrue-False1. In ancient Sparta, individuals with disabilities were often put to death forno reason other than being disabled.2. Religious leaders such as Martin Luther and John Calvin have been guiltyof persecuting the disabled.3. Services for children with special needs have grown slightly during thiscentury.4. The number of public school classes for the mentally retarded began toincrease significantly immediately following the Civil War.5. The “Education of All Handicapped Children Act” can be considered to bean extension of civil rights legislation.
SCHOOLING (2002)PAGE 2436. The Council for Exceptional Children has probably been the mostinfluential lobby group for rights of the disabled.7. P.L. 94-142 mandates that children with disabilities receive the bestpossible education.8. Due process requirements of P.L. 94-142 mandates that children withdisabilities 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 Courtdealing 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 thatcategorical 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 providespecial education services.16. The term accommodation refers to remediation of a student’s basic skillsor 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. Binetc. Thomas Stanford & Joseph Bidet d. Juliet Prowse2. _______ occurred during the 20thcentury.a. the beginning of classes for the emotionally disturbedb. increase in number of public school classes for the emotionallydisturbedc. increase in number of residential schools for visually and hearingimpaired childrend. all of the above3. _______ contributed either directly or indirectly to the improvement ofopportunities for the individuals with disabilities during the 1960s and1970s.
CHAPTER 9–SPECIAL SCHOOLING IN AMERICAPAGE 244a. legislation b. litigation c. civil rights movementd. all of the above4. 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 environmentc. best possible education d. all of the above6. Due process guaranties to the parent in P.L. 94-142 include ________.a. the right to examine school recordsb. the right to obtain an independent evaluationc. the right to prior notice before a change in child’s programd. all of the above7. _______ are “related services.”a. services required to enable a child to benefit from special educationb. counseling services onlyc. non-diagnostic medical treatmentd. any beneficial therapeutic or rehabilitative services8. _______ court case extended the rights of education to all handicappedchildren?a. PARC b. Mill vs. Board of Education of Washington DCc. Diane vs. State Board of Education d. Armstrong vs. Kline9. The Rowley case _______.a. determined that minority children must be tested in their own languageb. established the right of children with disabilities to be provided withsummer schooling when appropriatec. resulted in state governments acknowledging responsibility to provideappropriate education to all childrend. was the first case ruled on by the U.S. Supreme Court that dealt withP.L. 94-14210. The newest category used to classify children with disabilities is _______.a. specific learning disabilities b. emotionally disturbedc. seriously emotionally disturbed d. autism11. Characteristics associated with specific learning disabilities include all ofthe following except _______.
SCHOOLING (2002)PAGE 245a. significantly sub-average intelligenceb. disorders of speech and hearingc. attention disordersd. hyperactivity12. “A deviation from age-appropriate behavior which significantly interfereswith the child’s growth and development and/or the lives of others” is thedefinition for _______.a. specific learning disabilities b. traumatic brain injuryc. psychosis d. behavior disorder13. The primary reason for moving toward the noncategorical model of specialeducation services is_______.a. cost b. intense pressure from parental groups c. P.L. 94-142d. a general, systematic move toward inclusion of more persons withdisabilities and more services for them14. The majority of schools educate children with special needs using ______.a. self-contained classrooms b. resource room modelc. deinstitutionalization d. regular classrooms