Students with disabilities have not always had the rights that they do now and they weren’t always given a free and appropriate education. This goes back all the way to 400 b.c during hippocrates times where he believed that emotional problems were not caused by supernatural powers but by natural forces. Then during the 1450s through the 1700s the belief of demonology and superstitions caused whose with who were disabled to be persecuted. During the 1800s, people are beginning to figure things out and residential schools for individuals with special needs began to emerge. They at first only worked with deaf, blind, or mentally challenged students. At the beginning of the 20th century was the start of the community-based programs for children with special needs. And Now all students with disabilities have a right to a free and appropriate education. Easter Seals—has helped people with disabilities for over 90 years. Edgar Allen was the main man who helped found the Easter Seals. This program offers hope and answers to millions of children, adults, and their families affected by the disability. Joseph Kennedy Jr. Foundation—Was created by the Kennedy’s because they had a daughter with a disability. The foundations main belief is that “persons with intellectual disabilities have the ability to love, learn, work, recreate, and worship like everyone else.” The foundation emphasizes the need to assist families by informing them about resources and including children and adults with disabilities in the community. Special Olympics—Established by Eunice Kennedy Shriver. This is an athletic program for people with disabilities. It is the world’s largest sports program.Association for Retarded Citizens (ARC, now “The Arc”—Was created by a small group of parents and other concerned individuals to act as voices of change. Offers support for individuals with special needs and supports many legislative and governmental actions in support of people with disabilities. Autism Speaks—was created by grandparents of a child with autism. It is the largest non- profit science and advocacy organization that funds research that focuses on the causes, prevention, treatment, and cure of autism, increasing awareness, of autism spectrum disorders and advocating for the needs of individuals with autism and their families. Gordon Hartman Foundation—Was created by Gordon Hartman who created an amusement park fir children and adults with disabilities. The mission is to provide a park that will nurture the minds and bodies of individuals with special needs and their families. http://www.midcoastadvocacy.com/
Some important pieces of legislation that have had a huge impact on special education are the vocational rehabilitation act of 1973, the Education for all handicapped children act of 1975, and the individuals with disabilities education act amendments of 2004.Vocational Rehabilitation Act, 1973—this required that no itherwise qualified handicapped individual in the U.S shall, solely by the reason of their handicap be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Education for all handicapped Children Act of 1975—PL 94-142 PL= Public Law 94-and 142—are the certain provisions that must be met for the student like FAPE, LRI, IEP etc. Says that all children between the ages of 3 and 18 must be provided with free and appropriate education (FAPE)Individuals with disabilities education act amendments although these amendments in 1997 and 2004 are alike the education for all handicapped childrens act of 1975 it is different because it includes the zero reject which mean public schools can not turn down anyone ages 3 to 21, and the public schools are responsible for including all tehse children in educational programs regardless of the severity of their disability. Another difference is that it is up to the sates to develop a program that will serve the needs of infants and toddlers with disabilities.http://admin.fortschools.org/PupilServices/StaffInfo/A%20TIMELINE%20OF%20SPECIAL%20EDUCATION%20HISTORY.htmVocational Rehabilitation act of 1973, this act said that individuals who were handicapped shouldn’t be excluded from participation in, denied benefits, or be discriminated against in any program or activity that receives federal financial assistance. At the time it, it was really applied to discrimination in the workplace/ employment.Education for all Handicapped children’s act of 1975 was a piece of legislation that said all people between ages 3 and 18 must be provided with a free and appropriate public education. This law meant that the education would be suited to the disability based on age, maturity, and past achievements of the child as well as the parental expectations. It focused on what was most appropriate for the student whether that be for them to stay in the regualar classroom or be taken from the classroom..whichever was most appropriate for each indvidual students.Individuals with Disabiliites education act of 2004 also known as IDEA said that all chidlren will receive an education regardless of how severe their disbaility is.
Some of the more unfamiliar categories are Autism which is a developmental disability that affects verbal and nonverbal communication and social interaction that affects educational performance. Generally evident before age three. Some characteristics for autism include: communication problems, difficulty in relating to people, objects, and events, unusual play with toys and other objects, difficulty with changes in routine or familiar surroundings. Recommendations: children with autism respond best in predicable and consistent programs.Specific learning disabilities- a disorder that affects the child’s ability to listen, think, speak, read, write, spell, or to do mathematical calculations. CHARACTERISTICS: primary typically developing children, not primarily visually impaired, hearing impaired, environmentally disadvantaged, mentally challenged, or emotional disturbed. They show discrepancies of intra-individual differences in a profile of their development. They also deviate so far from the norm of their group that they need specialized instruction.Signs include: trouble learning the alphabet, rhyming words, or connecting letters to their sounds, makes numerous mistakes when reading aloud and repeat and pause often, do not understand what he or she reads, may have trouble spelling, may have very messy handwriting, struggles to express ideas in writing, have a limited vocabulary, and trouble understanding jokes, comic strips, and sarcasm just to name a few.Attention-deficit disorder-attention deficit/hyperactivity disorder- this goes under the other health impairment category which is defined as having limited strength, vitality, or alertness. Some symptoms are inattentive type, in which a person can’t focus on a task or activity, hyperactive- impulsive type in which a person is very active and often acts without thinking, combined type- where a person is inattentive, impulsive, and too active.Mental or Cognitive Disability- diagnosed by determind the ability of a person’s brain to learn, think, solve problems, and make sense of the world and wheter the person has the skills he or she needs to live independently.For more information on the categories of disabilities visit: http://nichcy.org/disability/categories
http://www.specialeducationadvisor.com/top-ten-parental-rights-in-special-education/10. Parents have the right to request that their child be assessed for Special Education without delay. 9. Parents have the right to list all of their concerns in the IEP. 8. Parents have a right to request a new IEP meeting be held within 30 days of a written request when an IEP is already in place. 7. Parents have the right to participate in the IEP meeting and have their opinions heard and noted. 6. Parents have the right to bring any person to an IEP meeting with knowledge of the child or the child’s disability including advocates and attorneys. 5. Parents have the right to review and receive copies of their child’s educational records. 4. Parents have the right to consent, refuse to consent or revoke consent for special education for their child. 3. Parents have the right to receive Prior Written Notice when a school district proposes a change in a child’s placement or refuses a parent’s request. 2. Parents have the right to ask for an Independent Educational Evaluation at public expense when they disagree with the school district’s assessments. 1. Parents have the right to file complaints, including state complaints More information on parents rights visit: http://dpi.wi.gov/sped/pcrights.html, http://www.doe.mass.edu/sped/parents.html
Notice must be provided to evaluate a child, and informed consent of parents must be obtained.No Single Procedure shall be the sole criterion for determining eligibility.The child must be assessed in all areas of suspected disabilities.Determination of eligibility shall be made by a team of qualified professionals and the child’s parents. Children are not eligible if the only deciding factor is a limited English Proficiency or a lack of math or reading instruction.
Referral of child for assessment may be formal or informal may come from a parent or others.Multidisciplinary, nonbiased comprehensive tests will be provided.The Team (parents, teachers, other school staff, and often the child) will review the assessments and determine if the child classifies for special education based off the test results and the parent’s signature is required.The individualized education plan is developed by a team. The IEP must be updated yearly, but the team or the parent may request at any time and the parent’s signature must be required.The team the decides the placement of the child based off the IEP and again the parent’s signature is required.Lastly the team evaluates the child’s total special Education program process at least once a year.
Individual or small group instructionCurriculum or teaching modificationsAssistive technologyTransition services Other specialized services such as physical, occupational, and speech therapyhttp://www.help4adhd.org/education/rights/idea
Early Learning for Students with Disabilities Important People 400 B.C. – Hippocrates 375 B.C. – Plato 90 B.C. - Asclepiades 1450 -1700 – John Locke Late 1700s – Jean Marc Gaspard Itard Influences for the need of special education: *Easter Seals *Joseph Kennedy Jr. Foundation *Special Olympics *Association for Retarded Citizens *Autism Speaks *Gordon Hartman Foundation
Legislation That Lead to Special Education Today HISTORICAL EVENT IMPACT ON PUBLIC SCHOOLS• 1965 Congress adds Title VI to the Elementary and Secondary Education Act of 1965 creating a Bureau of Education for the Handicapped (this bureau today is called the Office of Special Education Programs or OSEP). Educating students with disabilities is still NOT mandated by federal or state law. However, creation of the Bureau signified that a change was on the horizon.• 1972 Two significant supreme court decisions [PARC v. Pennsylvania (1972) and Mills v. D.C. Board of Education (1972)] apply the equal protection argument to students with disabilities. The courts take the position that children with disabilities have an equal right to access education as their non-disabled peers. Although there is no existing federal law that mandates this stance, some students begin going to school as a result of these court decisions.• 1973 Section 504 of the Rehabilitation Act of 1973 is enacted into statute. This national law protects qualified individuals from discrimination based on their disability. This national law was enacted with little fanfare. Most educators were not aware that this applied to public schools.• 1974 The Family Educational Rights and Privacy Act (FERPA) is enacted. Parents are allowed to have access to all personally identifiable information collected, maintained, or used by a school district regarding their child.• 1975 The Education for All Handicapped Children Act (EAHCA) is enacted. This was also known as P.L. 94-142. Today we know this law as the Individuals with Disabilities Education Act (IDEA). Before 1975, children with disabilities were mostly denied an education solely on the basis of their disabilities. EAHCA, along with some key supreme court cases, mandated all school districts to educate students with disabilities.• 1977 The final federal regulations of EAHCA are released. The final federal regulations are enacted at the start of the 1977-1978 school year and provide a set of rules in which school districts must adhere to when providing an education to students with disabilities.• 1986 The EAHCA is amended with the addition of the Handicapped Children’s Protection Act. This amendment makes clear that students and parents have rights under EAHCA (now IDEA) and Section 504.• 1990 The Americans with Disabilities Act (ADA) is enacted. ADA adopts the Section 504 regulations as part of the ADA statute. In turn, numerous “504 Plans” for individual students start to become more common place in school districts.• 1990 The EAHCA is amended and is now called the Individuals with Disabilities Education Act (IDEA). This amendment calls for many changes to the old law. One of the biggest was the addition of transition services for students with disabilities. School Districts were now required to look at outcomes and assisting students with disabilities in transitioning from high school to postsecondary life.• 1997 IDEA reauthorized This amendment calls for students with disabilities to be included in on state and district-wide assessments. Also, Regular Education Teachers are now required to be a member of the IEP team.• 2001 No Child Left Behind is enacted. This law calls for all students, including students with disabilities, to be proficient in math and reading by the year 2014.• 2004 IDEA reauthorized There are several changes from the 1997 reauthorization. The biggest changes call for more accountability at the state and local levels, as more data on outcomes is required. Another notable change involves school districts providing adequate instruction and intervention for students to help keep them out of special education.
Who has a Disability......Categories of DisabilitiesIf a student in a classroom fits into any of thefollowing categories then special services should be For more information on theprovided.• Autism categories of disabilities visit:• Deafness http://nichcy.org/disability/c• Deafness/blindness ategories• Hearing impairment• Mental disabilities• Multiple disabilities• Orthopedic impairment• Other health impairment• Tourette’s syndrome• Emotional disturbance• Specific learning disabilities• Speech or language impairment• Traumatic brain injury• Visual impairment including blindness• Pervasive developmental disorders
The Special Education Process…..My Child in Special Education• Your Rights as a Parent• South Dakota Parent Rights• The Assessment Process• The Special Education or IEP Process• The Services That May Be Provided
Your Rights as a Parent• 10. Parents have the right to request that their child be assessed for Special Education without delay.• 9. Parents have the right to list all of their concerns in the IEP.• 8. Parents have a right to request a new IEP meeting be held within 30 days of a written request when an IEP is already in place.• 7. Parents have the right to participate in the IEP meeting and have their opinions heard and noted.• 6. Parents have the right to bring any person to an IEP meeting with knowledge of the child or the child’s disability including advocates and attorneys.• 5. Parents have the right to review and receive copies of their child’s educational records.• 4. Parents have the right to consent, refuse to consent or revoke consent for special education for their child.• 3. Parents have the right to receive Prior Written Notice when a school district proposes a change in a child’s placement or refuses a parent’s request.• 2. Parents have the right to ask for an Independent Educational Evaluation at public expense when they disagree with the school district’s assessments.• 1. Parents have the right to file complaints, including state complaints and due process complaints, and disagree with parts or all of the IEP.• More information on parents rights visit: http://dpi.wi.gov/sped/pcrights.html, http://www.doe.mass.edu/sped/parents.html
South Dakota Parent RightsFor more information on Parent’s Rights inSouth Dakota visit:http://doe.sd.gov/oess/documents/SPED_parentalrights_handbook.pdfhttp://doe.sd.gov/oess/documents/SPED_parentalrights_handbook.pdf
The Assessment Process• Notice must be provided to evaluate a child, and informed consent of parents must be obtained.• No Single Procedure shall be the sole criterion for determining eligibility.• The child must be assessed in all areas of suspected disabilities.• Determination of eligibility shall be made by a team of qualified professionals and the child’s parents. Children are not eligible if the only deciding factor is a limited English Proficiency or a lack of math or reading instruction.
The Special Education or IEP Process• Step 1: Referral• Step 2: Assessment• Step 3: Classification (includes parent)• Step 4: IEP Meeting(includes parent)• Step 5: Placement(includes parent)• Step 6: Evaluation Team Meeting
The Services That May Be Provided• Individual or small group instruction• Curriculum or teaching modifications• Assistive technology• Transition services• Specialized services such as physical, occupational, and speech therapy
Sources• Berger, Eugenia Hepworth., and Mari Riojas-Cortez. Parents as Partners in Education: Families and Schools Working Together. Boston: Pearson, 2012. Print.http://www.help4adhd.org/education/rights/ideahttp://doe.sd.gov/oess/documents/SPED_parentalrights_handbook.pdfhttp://doe.sd.gov/oess/documents/SPED_parentalrights_handbook.pdfhttp://www.midcoastadvocacy.com/http://admin.fortschools.org/PupilServices/StaffInfo/A%20TIMELINE%20OF%20SPECIAL%20EDUCATION%20HISTORY.htmttp://nichcy.org/disability/categorieshttp://www.specialeducationadvisor.com/top-ten-parental-rights-in-special-education/