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SPECIAL EDUCATION: History and the Fallacy of Transition
Special Education! The two words alone conjure myriad preconceived notions. The
word “retarded” pops into the mind of many people. Others see those who are unable to
communicate in one fashion or another as “lesser human beings,” if human at all. Still more see
people with physical disabilities, and immediately think they are unable to do certain “normal”
tasks. All of the thoughts people have with regard to students with special needs must be
mitigated in some manner.
Transition, on the other hand, though a federally mandated part of one of the most
important education laws in United States history, barely raises an eyebrow. In the U. S., special
education has been through a long and arduous journey, one which is far from complete.
Transition, though it has been on the books since 1990, is still in its infancy. This paper will
explore in some depth the history of special education generally and transition more specifically.
Special Education is a continuum term that includes services in myriad ways, all in an
individualized manner.1 Free Appropriate Public Education, or FAPE, was and is the “buzz
terminology” regarding the continuum of services which range from fully inclusive classroom
settings to total involuntary institutionalization.2 Gifted students are on that scale as well as those
who have less ability to function.3 The focus of this particular paper is on the plight of older
students who have been afforded their rights as adults to determine their educational path by
federal law.4 Transition, which was enacted as part of the 1997 amendments that included the
change from the Education for All Handicapped Children Act of 1975 to the Individuals with
Disabilities Act,5 is the tool through which students move from high school to the adult portion
of their lives.6 Transition is an important, though underused and often misunderstood, part of the
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process through which our most vulnerable citizens go after they leave secondary education.7
This paper will walk through the history of special education and discuss the laws as they have
progressed in the United States, then it will focus on Transition Plans and their need as an
integral process in the life-long education of people who have disabilities.
Introduction
While our country has made great strides since the 1970s with regard to how we treat
individuals who have disabilities8, there are many people who still do not receive the services
they need. The advent of the latest version Individuals with Disabilities Education Act (IDEA) in
20049 including the most recent amendments published in 200610 helped to ensure that students
with special needs were given an even better chance to succeed in a manner like that of their
general education peers.11 Schools were mandated by IDEA to provide various accommodations
in order to ensure that students with disabilities could function in the classroom without the
segregation that had been the norm until that time.12 The problem is that, though mandated by
IDEA, many parents do not know what the law means to them and their children.13 Even beyond
that, the students are often without any knowledge of their own rights. There is a very large
group of students who are in need of assistance, but they are older and have no one sans
themselves on which to rely. The fact is that we have failed some of the individuals who need us
most and as such have created a societal issue that special education was put in place to correct.
The transition from high school to adulthood is a particularly vexing portion of the
special education laws.14 Although a plan is required by federal law for the transition, it is often
nothing more than a cursory portion of the Individualized Educational Program, or Plan, (IEP)
document. 15 A transition plan is required by the time the student reaches that age of sixteen and
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recommended by the time of her/his fourteenth birthday.16 Some states such as Massachusetts17
and even particular school districts, such as Shaker Heights in the Cleveland, Ohio area have
mandated the fourteen year-old requirement.18 The problem lies in the fact that IDEA is a
federally mandated program that is largely underfunded.19 (cite) One wants to believe that school
systems are actually making a good faith effort to make meaningful plans, but things do not
always turn out as we wish. Though a transition plan is required for each student receiving
special education services who has reached the age of sixteen, or will by the time of his/her next
IEP20, according the underfunded mandate that is the Individuals with Disabilities Education
(Improvement) Act (IDEA); the plans are often, if not usually, composed with little hope of
correct or even partial implementation, which is an immense disservice to a student graduating
from high school and entering the next phase of his/her life.
The entire purpose of the special education laws that have been in effect since the 1970s
was to ensure as even a footing as possible for the children who have varying degrees of
disability.21 Although the truth of the matter is that most will never be on even footing, schools
are actually supposed to strive for that lofty goal, at least in theory. The best most of our children
can truthfully expect is to find that passionate someone who takes an interest and helps students
learn to work within their disabilities and do the best they are able and quite often much better
than they think. Transition services for the transition from high school into adult life are one
more tool to help students do-just-that.22 And if used correctly they can be a powerful tool, but
that is the issue. Transition plans are rarely put together well or even with any true expectation
that they will be followed with any certainty.
History
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A trip through the history of what today we call special education is on order for us to
have any idea as to how far we have come in a scant couple hundred years. Though, of course
there is still a great deal more work to do.
People have, in the past as well as today, treated those who have disabilities as lesser
humans and have rarely thought much of it until relatively recently. In fact, it was not until 1784
that a man by the name of Valentin Huay started the Institution for Blind Children after seeing a
group of blind men being exhibited in Paris at the St. Ovid’s Fair in 1771 as side show freaks.23
After he decided to attempt to help one blind child learn the standard alphabet by making a large
raised board with the letters on it that helped him grasp the concepts, he applied for and was
granted a license to teach twelve French youth and the modern education of the blind era in the
Western World was born.24 Huay had patterned his school on that of another French
Enlightenment thinker who was working wonders with the deaf and dumb, Abbot de l’Epée.25 In
1801 Jean-Marc Gaspard Itard came up with many of the methods still used today in the
education of those having cognitive disabilities.26 A movie by the French director Francios
Truffaut called “l’Enfant Sauvage (The Wild Child) showed some of the worst of the early
attempts at education of children with differences 27 His work with the so called “Wild Boy of
Aveyron” helped him to systematically and by trial and error determine methods to educate a
boy with seemingly no social skills. 28 Along with Huay, Abbot de l’Epée , and Itard another
very influential person in the special education world was Louis Braille who in 1819 had come
up with his version of a blind touch based alphabet based upon a military “night writing” concept
which allowed soldiers to “see” written instructions in the dark.29 He had lost his sight before he
was ten and came up with Braille, which is still used today in basically the same form by the
time he was 16.30 The enlightenment, therefore, was a major turning point in more than just
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thought. The thinkers of that time period were integral in the better treatment of human beings
and the eventual upgrading of the human condition as a whole.
Education of and Services for Persons with Disabilities in the United States
In 1817 education strictly for people who had disabilities was finally begun in the United
States.31 Thomas H. Gallaudet opened the doors of his Asylum for the Education of Deaf and
Dumb Persons, known today as the American School for the Deaf, on April 15, 1817 marking
what is probably the most notable beginning of education for people with disabilities in the
United States. 32 Although deaf education and that for those with visual disabilities was thought
of as a worthy cause, it was not until Helen Keller that the public realized educational
possibilities much beyond deafness and blindness.33 Although stricken with a disease that left her
deaf and blind when she was just 19 months old, Helen, with the help of Anne Sullivan, the
dedicated tutor her parents hired in 1887 when she was seven, graduated magna cum laude from
Radcliff College.34 After her triumph, Helen dedicated her life to ensuring that people with
disabilities were looked upon differently by speaking to congress as well as people and
organizations throughout the world.35 Her life was and still is an inspiration to many people in
every corner of the globe because she was living proof that even severely disabled people could
succeed and do so beyond anyone’s wildest expectations.
The late nineteenth and early twentieth centuries brought many extreme changes
throughout almost every facet of life in the United States. Alexander Graham Bell invented the
telephone in 1872 at the school he opened for deaf teachers.36 His invention was meant to help
deaf teachers and students “see” the spoken word, but it accidentally became the precursor of
what is the modern phone. 37 Helen Keller began her journey through Radcliff and her ultimate
special education “ambassadorship” through the world.38 People with physical disabilities were
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no longer looked upon as worthless and were actually seen as contributing members of society,
largely because of the returning soldiers from World War I.39 People with disabilities were being
seen as worthwhile contributing members of society for the first time in United States history.
Of course, with the positives there are also invariably negatives. While there were great
strides with regard to some segments of disabled society, there were huge missteps with regard to
others. In the early twentieth century the eugenics movement hit it beginning stride.40 . In 1907
Indiana became the first state in the union to enact a eugenic sterilization law aimed at
“confirmed idiots, imbeciles and rapists” in state institutions.41 Many other states in the union
soon followed suit.42 In fact, in 1927 the United States Supreme Court, in a ruling that has yet to
be overturned, stated that compulsory sterilization was constitutional.43 One of our most
respected Justices and arguably most gifted orators, Oliver Wendell Holmes even opined,
“(It) is better for all the world, if instead of waiting to execute degenerate offspring for
crime, or to let them starve for their imbecility, society can prevent those who are
manifestly unfit from continuing their kind…Three generations of imbeciles are
enough.”44
It is difficult to believe that more harsh words have been spoken in such proverbially modern
times, but as we have seen some things moved forward while others moved drastically in the
wrong direction.
In order to illustrate the polarization of the movement for normalization of people with
disabilities we must look no further than what was happening in the 1910s and 20s. There was
“constitutional sterilization” in 1927 for mental defectives as seen in Buck v Bell.45 At the same
general time there were disabled veterans returning from The Great War forcing Congress to
pass the first rehabilitation program for disabled soldiers in 1918.46 In 1920 congress passed a
bill funding vocational training and counseling for the general public under the umbrella term of
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vocational rehabilitation called the Civilian Vocational Rehabilitation Act or Smith-Fess Act.47
Even private citizens and organizations were getting involved. In 1919, Edgar Allen a
businessman from Elyria, OH started an organization, the Ohio Society for Crippled Children,
which would eventually become the national Easter Seals.48 On one side of the coin, the public is
more than willing to help those with physical disabilities or those caused by war, while in the
same breath Americans had no problem requiring sterilization for people who had put into
institutions for whatever reason was given.
The late 1920s through the 1940s saw most of the same things as had happened in the
two decades prior. There were two notable exceptions to the helping only the physically disabled
mantra. In the 1918 a part of the rehabilitation program directed at returning veterans49 was for
those who had returned “shell shocked” which was a precursor to what we now call Post
Traumatic Stress Disorder.50 Another exception, though not widely known, was the hypothesis
by Samuel Orton in 1925, that dyslexia was a neurological disorder not one of visual basis.51
Dyslexia, contrary to popular belief, is nothing more than an inability to read in the manner most
people think of as normal.52 It comes in many forms but not a single one is dyslexia; they are all
under the umbrella of the word.53 As the country grew more sophisticated, the thoughts regarding
the varying types and degree of disability were also going through changes.
Though the public perception of those with disabilities was changing, there were still
many hurdles a person who had a disability had to overcome. As has already been discussed,
those with physical disabilities were more accepted by the public, but not completely. In 1932
the United States elected its first disabled president, Franklin Delano Roosevelt (FDR).54
FDR contracted what was believed to be polio in 1921 and was confined to a wheel chair for the
rest of his life.55 Most Americans had no knowledge of his disability, though, because the lower
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half of his body was often hidden in public or he was filmed and/or photographed seated.56
FDR’s presidency was one of dichotomy. On the one hand, the president signed into law the
Social Security Act in 1935 which allowed for permanent assistance for adults with disabilities.57
During that same year the Work Progress Administration (WPA), one of FDR’s many projects
aimed at bringing America out of the Great Depression, had been allowed to discriminate against
those having physical disabilities by stating that people with physical disabilities were
“unemployable.”58 The discriminatory practice of the WPA’s application process sparked a nine
day sit-in by 300 members of the League for the Physically Handicapped.59 Once again, the
public’s perception was of any disability making the person less human even though FDR was
elected three times.
The 1950s was a time of awakening in the United States for numerous reasons, mostly
due to participation in and the ending of World War II. Once again the youth of the country were
coming back from defending the United Sates with horrific disabilities.60 In the 1950s the
Veterans Administration, along with other entities such as the National Easter Seals Society,
championed an effort to enact national legislation that would ensure that people with physical
disabilities had easier access to buildings by making them “barrier-free.”61 The 1950s also saw
the advent of the Association for Retarded Citizens (ARC), which was started in order to change
the preconceived ideas of the public.62 The ARC was and educational organization that sought to
teach parents and others about individuals with developmental disabilities and their ability to
succeed in life.63 They also worked to help individuals who have intellectual disabilities to obtain
the supports and services they needed in order to live and thrive in their own communities.64 The
time was nigh for people with other types of disabilities to find a voice since many people with
cognitive differences were institutionalized prior to the 1950s.
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The 1960s were even more important to the normalization of people with all types of
disabilities than almost any decade in history until that point. In 1961 the American Standards
Association published the first accessibility standard for making all buildings accessible to those
with disabilities.65 Just two years later congress passed an act that set aside money for the
implementation of state developmental disabilities councils as well as advocacy and protection
systems.66 In 1965 Medicaid was created to help low income and disabled people with access to
health care that they had been denied previously.67 1968 saw two exciting enhancements in the
lives of people with disabilities. After its founding in approximately 1962 by Eunice Kennedy
Shriver, the Special Olympics held it first international games in Chicago.68 The other major
move toward helping people with disabilities access the things everyone else could was an act
that required all buildings leased, constructed, designed or altered with federal government funds
to be made accessible to people with physical disabilities.69 The tide had truthfully begun to
change in the favor of the people who needed the most help.
Steps Toward Egalitarian Education in the United States
The Brown decisions are probably what should be deemed as the beginnings of
egalitarian education in the United States. 70 The first Brown decision overturned Plessy v.
Ferguson, a nearly 60 year-old case that upheld state laws requiring separate schools, as well as
other public places in society, and claiming they were equal regardless of their separation.71 In a
unanimous decision, the Supreme Court held that the mere concept of separate but equal was
inherently unequal.72 In what was termed Brown II, the court decided that District Courts were to
be the watchdogs of enforcing school desegregation orders “with all deliberate speed.”73 The
Supreme Court had made a decision that was proactive and a heretofore unheard of equitable
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remedy that was to have unprecedented ramifications throughout the educational systems
prevalent up to that point.
The Elementary and Secondary Education Act (ESEA) was signed into law by President
Lyndon Johnson in 1965.74 Although the act was originally legislated in order to alleviate the
inequities of education with regard to children from low income families, amendments were
added in 196675 to specifically address the issues surrounding students with disabilities.76 There
were two parts to these amendments one of which provided for the Bureau of Education of the
Handicapped and the National Advisory Council for the benefit of students having disabilities.77
The second amendment to ESEA created Title VI which directly provided for state grants to fund
education of exceptional students.78 With ESEA the march toward the modern era had begun.
Each successive decade brought more protections and mandates for the protection of
persons with disabilities. The Education for all Handicapped Act of 1974 was an expansion of
ESEA’s Title VI.79 In 1975 President Gerald Ford signed the Education for All Handicapped
Children (emphasis added) Act into law.80 The act was known country-wide by those educators
working with students who had special needs by its congressional number: PL 94-142.81 The
Education for All Handicapped Children Act was enacted to give states an incentive to create
policies and practices that would help ensure that he needs of students with special needs were
being met.82 In order to obtain federal funding states were required to comply with six specific
mandates:83
1. Zero Reject and a Free and Appropriate Public Education (FAPE) meant that
EVERY child with special needs in entitled to receive free and appropriate public school
education. (note to the nebulousness of free and appropriate)
2. Nondiscriminatory Identification and Evaluation was very important at this time
because many students with disabilities were not being identified as children with special
needs.
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3. Individualized Education Program is designed to provide each student with a disability
a specific and meaningful educational program.
4. The Least Restrictive Environment was the setting in which students with disabilities
could benefit the most from.
5. Due Process gives people the right to challenge disability programs in hearings. (note
14th amendment notice and a right to be heard)
6. Parental Participation requires parents or guardians to be actively involved in their
child’s education.84
The next major update in the education of students with Disabilities was the “enactment” of
the Individuals with Disabilities Education Act (IDEA) in 1990.85 IDEA was not actually a new
law, it was more correctly amendments to the Education of All Handicapped Children Act,
which, along with the IDEA Amendments of 1997 added some very important wording that had
been missing in the earlier Act.86 (note PL 105-17 the 1997 Amendments) While the Education
for All Handicapped Children Act (PL 94-142) mandated services for students aged three
through twenty-one years, it had very little built in with regard to the manner in which services
were to be delivered, therefore it lack any specified accountability.87 Another Issue with PL 94-
142 was that he original legislation neglected services for children younger than three and
anything that would help those over twenty-one.88 The 1986 Amendments to The Education of
All Handicapped Children Act provided for services starting at birth, which took care of one end
of the spectrum.89 The 1997 Amendments of IDEA took care of the end of schooling part of the
spectrum by discussing and mandating greater transitional services for students who had been
school under an Individualized Education Program (IEP).90 There were some very specific
changes in the wording which for a better understanding of exactly what transition was.91 The
text follows:
The term "transition services" means a coordinated set of activities for a student, with
a disability, that: (A) is designed within an outcome-oriented process, that promotes
movement from school to post-school activities, including post secondary education,
vocational training, integrated employment (including supported employment),
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continuing and adult education, adult services, independent living, or community
privation; (B) is based on the student's needs, taking into account the student's
preferences and interests; (C) includes instruction, related services, community
experiences, the development of employment and other post-school objectives, and, when
appropriate, acquisition of daily living skills and functional vocational evaluation (section
602).92
The wording of the above section is far from being nebulous, yet the manner(s) in which
it is followed are myriad.
Some Statistics
Even though every student who has an IEP also has a transition plan that is part of the
document, those students are at an increased risk of dropping out of high school or finishing
completely unprepared for life as an individual adult.93 According to research:
 37.6% of high school dropouts have a learning disability.
 61.2% of high school dropouts have some type of behavioral or emotional disorder.
 36.2 % percent of South Carolina State inmates have a disability.
 24.4% of federally incarcerated individuals have a disability.
 Up to 75% of those in the juvenile justice system have one or more disabilities.94
The above numbers may shock the conscience, but they are, from the research, the truth. Even
though things have gotten better, it is clear that there are still changes needed.
Studies that correctly quantify youth who are involved in the juvenile justice system are
difficult to find because the definition of what constitutes a disability is in constant flux. A
relatively recent study, which was in 2003, suggests that there were nearly 100,000 youth
confined to a residential setting on any given day in the United States but that number is not
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delineated according to disability.95 One study suggested that between 45% and 75% of those
incarcerated have one or more disabilities.96 The studies tend to agree with one specific issue.
While less than ten percent of the youth in the country have one or more disabilities, upwards of
30% of those incarcerated reside within the same demographic.97 Youth with disabilities are
overrepresented in the justice system on at least a three to one basis.98 Great strides have been
made in the area of specified education for students with disabilities, yet they are often
misunderstood with regard to what they need to more readily participate in society. Buying in to
the educational system and transition therefrom is one manner in which the trend will reverse.
Some Best Practices
There are always pockets of greatness amongst the norms of society. Special education
transition services are no different, due to the fact that there are many excellent programs in
place as well as those that show potential. For instance, South Carolina’s Family Resource
Center for Disabilities and Special Needs has a Transition Toolkit for students and parents that
works as a guide through the process of transitioning from high school to life beyond.99
The National Secondary Transition Technical Assistance Center, based at the University
of North Carolina-Charlotte is an organization that disseminates information throughout the
country with regard to best practices using evidenced based tools that have been proven to help
the outcomes of transition from high school to adulthood.100 Although not “best practices” per se,
the NSTTAC provides information to school systems and others having a stake in the education
of the country’s youth101 that will help them develop the practices that have been shown to make
a difference.
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The Reality of Transition
Transition services as termed under IDEA are nothing more than a pipe dream. Though a
lay person may see what is within the statute as a mandate, and it is, in practice things are not
done the way they should be, by and large. In over twenty years working in Special Education as
well as teaching parenting classes and disability awareness, nothing much has changed and, in
fact, much has gotten worse. There are, or have been, pockets of brilliance in some areas of the
country, even as close as Fort Mill, South Carolina where they HAD a Transition Task Force. As
often happens, the task force was disbanded due to federal as well as local funding cuts. The
ideal is that the most vulnerable students have a fighting chance to become and remain
productive citizens in their communities or elsewhere of they are able. The reality is that the
ideal is no more than an ideal in many, if not most instances.
IEP conferences, and the IEP itself, are supposed to be about the individual, as the first
letter (word) states very clearly. When an IEP conference is held all of the proverbial
stakeholders are to be in attendance. What is mandated is the attendance and, supposedly, a team
approach to the education of the student. The transition plan for an older student should be one of
the, if not the, most important components of the conference. Truthfully it should be the majority
of what is discussed as the student nears graduation from high school and pending post-
secondary life.
Transition Plans are far from the rocket science concept that has been shown in most
instances thus far. In numerous studies, which have been spoken of here, transition from one
place to another is rife with difficulties for the most capable of people. It is of course much less
facile for those having certain types of cognitive, as well as physical and multiple disabilities.
Though transition for those reentering society after a stint in jail or prison is almost considered a
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given, yet not required or mandated in most jurisdictions, has had a very positive impact on
alleviating recidivism, those plans that are mandated for students have barely been used and
certainly not correctly.
The Transition Plan that is included in the IEP since the late 1990s and of course the
2004 reauthorization has a specific format that was developed in studies conducted by the
Federal Government and implemented by incubator school districts over the years but has not
changed much since the mandate came down in 1997. The plan includes some very basic tenets
that are to be followed when creating the yearly IEP. Beginning at age fourteen, which is a farce
to begin with, the meeting should discuss the student’s needs, preferences and interests, as well
as courses of study with which to help him/her attain those goals. By the age of sixteen the plan
is supposed to be more specific in that it is to also include “measurable postsecondary goals” that
are based upon some manner of post-secondary interest surveys related to interests, education,
employment, and/or independent living skills. Along with the above, students are to be assisted
inn linking with other agencies that might help ensure those goals are met. This should not be a
difficult task but it seems that schools and IEP teams most importantly, drop the ball.
The first issue in the development stage(s) is that the students is much too young at the
age of fourteen to have any realistic idea as to what he or she might want to do by the time high
school is at an end. I would defy you to find many general education students who are cognizant
enough of their future to be able to accurately predict where they may be by graduation.
Although it is a good idea to garner a general idea and to look at the student’s ambitions, the
requirement of the plan and the implementation of that plan at fourteen is just too early for most
students. The early plan is no more than the tracking that used to be done in most schools prior to
the enactment of 94-142. It makes a determination of what classes “should” be taken or whether
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the students should be involved in vocational education. Many students have not yet begun to
understand the implications of the future by fourteen and, therefore, do not have the wherewithal
to determine for themselves, or with help, the trajectory their future will take. Being tracked does
nothing more than force students into classes that may not have been in their best interests.
Sixteen is a more appropriate age for these plans to be put to work, because children are
more apt, psychologically, to understand the future ramifications of current decisions. Of course,
there is the issue of those students who are working under an IEP and their likelihood of
dropping out much earlier than their “regularly developing” peers, which is most likely one of
the reasons for the earlier age. No age is set in stone as the best time by which to begin planning
for life after high school, and as with most laws an age is set in order to make decisions a bit
easier. The totality of the circumstances test should be used instead. Again, the concept of an
INDIVIDUALIZED Education Program is that it is to be written for the individual.
The fact that the student is to be part of the planning process is often overlooked. As an
example Charlotte-Mecklenberg School’s IEP form lists the student last on the participation
signature page as attested by this photo:
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By the time a student is at the age of transition, he or she should be listed first, regardless
of level of functioning. A student’s ability will absolutely determine his/her participation in the
process, but to have the parent second to last and the student last is a proverbial slap in the face
to the process. In fact, by the time a student reaches the sixteen year old mark, he/she will most
likely have only one more IEP before the transfer of rights happens. IDEA as well as most states
transfer rights under the law to students upon reaching the age of majority as well as require that
parents and students be informed of the transfer one year prior to attaining the age of eighteen.
Since the student is to obtain his/her IDEA rights, he/she should be a part of the process, and
arguably the most important part, as soon as he/she is able to meaningfully participate.
The mandate for determination of how to go about obtaining the services need for
successful transition is a particularly vexing issue. The mandate is that services must be included
in the IEP that address how a student will reach the intended goals and those agencies that will
have various responsibilities for fulfillment of the stated goals. The only requirement is that there
be a “statement” of interagency responsibilities. A statement is easy, but the reality is that while
there are numerous agencies that are available to help students with disabilities, obtaining buy-in
and requiring them to be listed on a legal document is another thing altogether. As the law stands
now, there is no requirement that any agency stated in the IEP actually provide any of the
services which are planned. In practice, it is very rare when a representative of any outside
agency even knows that said agency is part of a transition plan let alone being part of the
decision making process. Many times the agencies which are discussed, if they are even
discussed at all, do not have the resources that become part of the IEP and are, therefore unable
to provide their part of the plan. The truth of the matter is that external agencies are integral parts
of the transition process and must be at least contacted if the plan is expected to take fruition.
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Many high school Special Education Educators have had numerous contacts with
external agencies. Most of those have a working relationship with representatives of
organizations such as the courts, social services, the rehabilitation office, vocational schools and
community colleges. Often times, though, when brought up at an IEP meeting, those contacts
and the possibility of having organizations join in the planning are negated by administrators
who do not “have the time” do sit in a lengthy meeting. Special Educator and their knowledge
base, which is quite regularly much beyond that of their job description, are a wealth
understanding which is underused by school systems at large. To have an administrator who has
very little working knowledge of Special Education, if any, take the role of School District
Representative is a travesty with regard to the most vulnerable students in any school system.
Once a student’s high school education has come to an end, often the school feels that its
job is done. The external agencies that are written into the IEP are supposed to take on the next
portion of the student’s development without any knowledge thereof. To change the gap that is
inherent in the current process, such agencies need to be a definitive part of the transition
process. The meetings will take more time in preparation, but ultimately they will mean more for
the success of the students. The students are the entire reason for the laws and they should be
afforded REALISTIC transition services that will ensure they are able to function to the best of
their ability(s) in society.
Solutions
The attempted normalization of all students has been a massive disservice to those who
have the greatest need. Most schools almost require a college bound curriculum which is fine for
the relatively small percentage that actually graduate from college. The percentage that goes is
relatively high but those who graduate is small. While the truth that most people need some type
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of extra training after high school in order to be competitive, it should not be a requirement.
Training while still in high school would save valuable time and money for the students as well
as society as a whole. The sad fact is that high schools have remained mostly stagnant for the last
150 years or have gone backwards, but there are solutions which are far from difficult. Students
thrive in environments where they feel worth and are treated with human dignity. The
normalization process has taken away that dignity and forced a community of homogeneity. A
homogenous populace is not what there is in America, therefore individualization must make a
comeback.
It may seem that the ability to fix the education system in the United States is
insurmountable, and in many ways it is. But there are relatively simple ways to make great
strides. What makes things difficulty is that most of the solutions have already been attempted
and to varying degrees of success. Many a successful program has helped the student with
special needs make great strides. Alas, as is the way of the world and especially social services
entities, money talks. When the economy slows, so does the willingness of the public to fund the
most basic needs of the less fortunate. Since a great deal of education is funded by local property
taxes, new or continuing programs loss funding and/or are cut to almost non-workable budgets.
One way that the country could fix the educational disparities, not only for students with special
needs but those in less affluent districts, would be to change the funding structure so that schools
are more equal in their funding. The Brown cases mentioned previously were supposed to do that
but in reality there are now a great deal of separate and absolutely unequal school, mostly in the
poorer inner-city districts purely because of funding difficulties. It seems like such a simple task,
yet society, though quite vocal, is unwilling to change the status quo. Of course, it will take a
Steinbach
Spring2014
21
shift in the priorities of the public to act rather than just talk and the changes would not happen
quickly, but the concept is exceedingly simple.
There are other areas of greatness in special education. The traditional trade schools that
were housed in many high schools twenty years ago were excellent tools to help teach some of
the lower functioning students a trade that they liked and in which they could excel. As society
became less manufacturing and more service oriented, those schools and the vocational programs
began to disappear. Although it is true that many districts have formed consortia vocational
districts, too many of the students who have the greatest need are unable to participate due to
issues such as transportation or the often highly competitive nature of acceptance. Such in-house
vocational programs were transitional without ever being called “transitional.” Those programs
were and still are some of the most important post-high school preparedness courses in which
any high school student could participate and have “real world” skills upon graduation.
Vocational Programs available to every student especially those who have special needs is yet
another seemingly simple solution to the problem of ensuring meaningful transition from high
school to post-secondary living.
Transition as it specifically relates to IDEA and the IEP process is arguably the least
difficult solution of all. When Congress decided to add a transition plan to IDEA 2004 and the
latter amendments, it was obvious that here were becoming a huge section of the population who
were unprepared for life after high school and lacking in the ability to show any realistic gains in
the general college experience. The after No Child Left Behind came on the scene, it took what
little growth was happening on the Special Education front and generally went back to the pre-
Brown era by allowing discrimination directed as students with special needs. The advent of the
standardized testing requirements that put students with special needs at an immediate and
Steinbach
Spring2014
22
untenable disadvantage started discrimination that was not only tolerated, it was mandated.
Although each state deals with things differently, most delineate a graduation diploma for those
having special needs from those of the general population. Conversations from coast to coast
could be heard with arguments from the general education side saying that it was unfair for their
children’s hard(er) work to be negated by giving the “slow kids” that same diploma. The other
side, of course countered by saying that their children work just as diligently if not more so in
order to achieve what they did. There is not easy answer to that debacle, but if, as is stated
constantly by the research, students need more training after high school to be competitive, the
argument appears to be moot.
Special Education transition services are set to begin at a relatively young age in a
student’s life. Fourteen, as has been stated earlier, is most likely psychologically too you to begin
the process as mandated by IDEA, but of course it must be an individualized decision. It is not
necessarily wrong to begin planning for a student’s future success at a young age which may be
even younger than fourteen, but it must be done in stages and be realistic for the student, not the
school or system. The transition plan has to be more than an “on paper” plan. By the time a
student is ready to transition from the relative ease of high school to the stress of the adult world
he/she should have already had some experiences in the world of the post-secondary human
being. Special Education Departments needs to bring a different tack to the last years of a
student’s high school experience. So often the students are sheltered from the general day to day
activities in their schools that they have little ability to function within their own schools let
alone with the general public. Job coaching, job shadowing, vocational training and true
inclusion into certain aspects of school life have all been around for decades but are rarely used
as the tool they could be in order to foster understanding among students. Often they are one
Steinbach
Spring2014
23
time or short lived experiences and have little to do with the individual student’s hope and
dreams.
A transition plan must include the appropriate extra-curricular representatives. Social
workers, Rehabilitation Agencies, Goodwill, the YMCA, local non-profits, as well as the local
companies (of which there are many as long as one takes the time to look) that hire students and
adults with special needs are all available to help as long as they know they are needed. While it
is true that such a change in the manner by which plans are constructed will take time and
possibly extra funding, there a plethora of organizations and non-profit companies which already
work with youth. Those organizations, though, are usually for the people who have left high
school, either because they dropped out or other unfortunate events, rather than attempting to
catch them prior to leaving the schools. If the above mentioned organizations know of a need and
are given the proper incentive, such as a school system providing a teacher or specialist, they will
often create a program where one did not previously exist. The benefits to the students and to
society are innumerable when students are helped to understand their capabilities before they get
into trouble and ensuring a proactive and multi-organizational transition plan that has specified
outcomes will go a very long way to alleviating the plight of students with special needs. It may
still take time but changes in the way the system has worked thus far must happen quickly
because we have already lost a few generations and it is past time to mitigate those losses and
turn the tide.
Steinbach
Spring2014
24
Signs of the Times:
“NOTICE: The National Dissemination Center for Children with Disabilities (NICHCY)
is no longer in operation. Our funding from the U.S. Department of Education’s Office of
Special Education Programs (OSEP) ended on September 30, 2013. Our website and all its free
resources will remain available until September 30, 2014.” (http://nichcy.org)
Note:The National HighSchool Centerwassupportedbyagrant from the U.S. Departmentof Education
that endedMarch 31st, 2013. The website anditsfree resourceswill remainavailable,butcontentand
external linkswillnolongerbe updatedafter3/31/13. For more information,see ourhomepage,
(www.betterhighschools.org)
1 Individualswith Disabilities Education Act,20 U.S.C § 1411-1418 (1975)
2 Id.
3 Id.
4 Id.
5 Individualswith Disabilities Education Act,20 U.S.C 1400 (1975)
6 Id.
7 Id.
8 Id.
9 Id.
10 Id.
11 Id.
12 Id.
13 Id.
14 Id.
15 Id.
16 http://info.dhhs.state.nc.us/olm/manuals/dsb/vr/man/Transition%20Services.htm
17 http://www.doe.mass.edu/sped/advisories/13_1ta.html
18 http://www.shaker.org/TransitionServices.aspx
19 http://febp.newamerica.net/background-analysis/individuals-disabilities-education-act-overview
20 20 U.S.C § 1411-1418 (1975)
21 Id.
22 Id.
23 http://www.avh.asso.fr/rubrics/association/biographies.php?langue=eng
24 Id.
25 Id.
26 http://www.indiana.edu/~intell/itard.shtml
27 “L’Enfant Sauvage,” Les Films du Carrosse,Director,Francios Truffaut,1970
28 http://www.indiana.edu/~intell/itard.shtml
29 http://www.avh.asso.fr/rubrics/association/biographies.php?langue=eng
Steinbach
Spring2014
25
30 Id.
31 http://www.avh.asso.fr/rubrics/association/biographies.php?langue=eng
32 Id.
33 http://www.hki.org/about-helen-keller/helen-kellers-life/
34 Id.
35 Id.
36 http://www.start-american-sign-language.com/alexander-graham-bell.html
37 Id.
38 http://www.hki.org/about-helen-keller/helen-kellers-life/
39 http://www.upenn.edu/pennnews/current/2011-12-15/research/rehabilitating-soldiers-after-war
40 http://www.eugenicsarchive.org/html/eugenics/essay8text.html
41 http://www.iupui.edu/~eugenics/
42 http://www.eugenicsarchive.org/html/eugenics/essay8text.html
43 Buck v. Bell, 274 U.S. 200 (1927)
44 Id.
45Id.
46 http://mn.gov/mnddc/parallels2/four/rehab_act/rehab1.html (Markingwhat may be seen as the beginningof a
type of transition for the returningdisabled soldiers)
47 http://www.in.gov/fssa/files/History_and_Regulations.pdf
48 http://www.rotaryfirst100.org/history/history/otherorganizations/easterseals/#.U17b48HD9Ms
49 http://mn.gov/mnddc/parallels2/four/rehab_act/rehab1.html
50 Id.
51 http://www.pitt.edu/~perfetti/PDF/Vellutino%20&%20Fletcher.pdf
52 http://dictionary.reference.com/browse/dyslexia
53 Id.
54 http://www.fdrlibrary.marist.edu/aboutfdr/polio.html
55 Id.
56 Id.
57 http://www.ssa.gov/history/35act.html
58 http://www.disabilityworld.org/10-12_00/il/league.htm
59 Id.
60 http://en.wikipedia.org/wiki/Disabled_American_Veterans
61 http://www.ncsu.edu/ncsu/design/cud/about_ud/udhistory.htm
62 http://www.thearc.org/page.aspx?pid=2340
63 Id.
64 Id.
65 http://www.fhwa.dot.gov/environment/bicycle_pedestrian/publications/sidewalks/chap1.cfm (ANSI A117.1)
66 http://research.archives.gov/description/299883 (P.L. 88-164)
67 http://www.medicaidfrontpage.com/medicaid-timeline
68 http://www.specialolympics.org/history.aspx
69http://www.fhwa.dot.gov/environment/bicycle_pedestrian/publications/sidewalks/chap1.cfm (Architectural
Barriers Act- P.L. 93-112)
70 Brown v Board of Education, 347 U.S. 483 (1954),and Brown v Board of Education of Topeka, 349 U.S. 294
(1955).
71 Plessy v Ferguson, 163 U.S. 537 (1896).
72 347 U.S. 483.
73 349 U.S. 294.
74 Elementary and Secondary Education Act of 1965
75 http://en.wikipedia.org/wiki/Elementary_and_Secondary_Education_Act (P. L. 89-750)
76 Id.
77 Id.
Steinbach
Spring2014
26
78 Id.
79 http://www.gpo.gov/fdsys/pkg/STATUTE-89/pdf/STATUTE-89-Pg773.pdf
80 Id.
81 Id.
82 Id.
83 Id.
84 The 6th mandate is much easier said than done becausemany of the parents do not have the necessary
knowledge or skills to participatein the process as well as is needed to ensure correct educational goals and
outcomes for the student.
http://sitemaker.umich.edu/356.zipkin/the_education_for_all_handicapped_children_act
85 Individualswith Disabilities Education Act (1990)-P.L. 101-476
86
87 http://sitemaker.umich.edu/356.zipkin/the_education_for_all_handicapped_children_act
88 Officeof Special Education Programs- History:Twenty-Five Years of Progress in Educating Children with
DisabilitiesThrough IDEA
89 http://www.gpo.gov/fdsys/pkg/STATUTE-89/pdf/STATUTE-89-Pg773.pdf
90 IndividualsWith Disabilities Education Actof 1997 (P.L. 105-17)
91 Id.
92 http://web.mnstate.edu/severson/MDEIDEA.html
93 Id.
94 http://betterhighschools.org
95 http://www.ojjdp.ncjrs.org/ojstatbb/cjrp/asp/Age_Sex.asp
96 http://ericec.org/digests/e621.html
97 http://www.ojjdp.ncjrs.org/ojstatbb/cjrp/asp/Age_Sex.asp
98 Id.
99 (http://www.frcdsn.org/TransitionToolkit.pdf) though at over 250 pages, this is more than the average parent
can digest or be expected to know and is dauntingfor most people let alonethose who may have a disabling
condition themselves.
100 http://www.nsttac.org/content/about-nsttac
101 Id. (and, in truth, who is the country or the world for that matter does not have a stake in the outcomes of the
education of youth?)

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sped history and fallacy

  • 1. Steinbach Spring2014 1 SPECIAL EDUCATION: History and the Fallacy of Transition Special Education! The two words alone conjure myriad preconceived notions. The word “retarded” pops into the mind of many people. Others see those who are unable to communicate in one fashion or another as “lesser human beings,” if human at all. Still more see people with physical disabilities, and immediately think they are unable to do certain “normal” tasks. All of the thoughts people have with regard to students with special needs must be mitigated in some manner. Transition, on the other hand, though a federally mandated part of one of the most important education laws in United States history, barely raises an eyebrow. In the U. S., special education has been through a long and arduous journey, one which is far from complete. Transition, though it has been on the books since 1990, is still in its infancy. This paper will explore in some depth the history of special education generally and transition more specifically. Special Education is a continuum term that includes services in myriad ways, all in an individualized manner.1 Free Appropriate Public Education, or FAPE, was and is the “buzz terminology” regarding the continuum of services which range from fully inclusive classroom settings to total involuntary institutionalization.2 Gifted students are on that scale as well as those who have less ability to function.3 The focus of this particular paper is on the plight of older students who have been afforded their rights as adults to determine their educational path by federal law.4 Transition, which was enacted as part of the 1997 amendments that included the change from the Education for All Handicapped Children Act of 1975 to the Individuals with Disabilities Act,5 is the tool through which students move from high school to the adult portion of their lives.6 Transition is an important, though underused and often misunderstood, part of the
  • 2. Steinbach Spring2014 2 process through which our most vulnerable citizens go after they leave secondary education.7 This paper will walk through the history of special education and discuss the laws as they have progressed in the United States, then it will focus on Transition Plans and their need as an integral process in the life-long education of people who have disabilities. Introduction While our country has made great strides since the 1970s with regard to how we treat individuals who have disabilities8, there are many people who still do not receive the services they need. The advent of the latest version Individuals with Disabilities Education Act (IDEA) in 20049 including the most recent amendments published in 200610 helped to ensure that students with special needs were given an even better chance to succeed in a manner like that of their general education peers.11 Schools were mandated by IDEA to provide various accommodations in order to ensure that students with disabilities could function in the classroom without the segregation that had been the norm until that time.12 The problem is that, though mandated by IDEA, many parents do not know what the law means to them and their children.13 Even beyond that, the students are often without any knowledge of their own rights. There is a very large group of students who are in need of assistance, but they are older and have no one sans themselves on which to rely. The fact is that we have failed some of the individuals who need us most and as such have created a societal issue that special education was put in place to correct. The transition from high school to adulthood is a particularly vexing portion of the special education laws.14 Although a plan is required by federal law for the transition, it is often nothing more than a cursory portion of the Individualized Educational Program, or Plan, (IEP) document. 15 A transition plan is required by the time the student reaches that age of sixteen and
  • 3. Steinbach Spring2014 3 recommended by the time of her/his fourteenth birthday.16 Some states such as Massachusetts17 and even particular school districts, such as Shaker Heights in the Cleveland, Ohio area have mandated the fourteen year-old requirement.18 The problem lies in the fact that IDEA is a federally mandated program that is largely underfunded.19 (cite) One wants to believe that school systems are actually making a good faith effort to make meaningful plans, but things do not always turn out as we wish. Though a transition plan is required for each student receiving special education services who has reached the age of sixteen, or will by the time of his/her next IEP20, according the underfunded mandate that is the Individuals with Disabilities Education (Improvement) Act (IDEA); the plans are often, if not usually, composed with little hope of correct or even partial implementation, which is an immense disservice to a student graduating from high school and entering the next phase of his/her life. The entire purpose of the special education laws that have been in effect since the 1970s was to ensure as even a footing as possible for the children who have varying degrees of disability.21 Although the truth of the matter is that most will never be on even footing, schools are actually supposed to strive for that lofty goal, at least in theory. The best most of our children can truthfully expect is to find that passionate someone who takes an interest and helps students learn to work within their disabilities and do the best they are able and quite often much better than they think. Transition services for the transition from high school into adult life are one more tool to help students do-just-that.22 And if used correctly they can be a powerful tool, but that is the issue. Transition plans are rarely put together well or even with any true expectation that they will be followed with any certainty. History
  • 4. Steinbach Spring2014 4 A trip through the history of what today we call special education is on order for us to have any idea as to how far we have come in a scant couple hundred years. Though, of course there is still a great deal more work to do. People have, in the past as well as today, treated those who have disabilities as lesser humans and have rarely thought much of it until relatively recently. In fact, it was not until 1784 that a man by the name of Valentin Huay started the Institution for Blind Children after seeing a group of blind men being exhibited in Paris at the St. Ovid’s Fair in 1771 as side show freaks.23 After he decided to attempt to help one blind child learn the standard alphabet by making a large raised board with the letters on it that helped him grasp the concepts, he applied for and was granted a license to teach twelve French youth and the modern education of the blind era in the Western World was born.24 Huay had patterned his school on that of another French Enlightenment thinker who was working wonders with the deaf and dumb, Abbot de l’Epée.25 In 1801 Jean-Marc Gaspard Itard came up with many of the methods still used today in the education of those having cognitive disabilities.26 A movie by the French director Francios Truffaut called “l’Enfant Sauvage (The Wild Child) showed some of the worst of the early attempts at education of children with differences 27 His work with the so called “Wild Boy of Aveyron” helped him to systematically and by trial and error determine methods to educate a boy with seemingly no social skills. 28 Along with Huay, Abbot de l’Epée , and Itard another very influential person in the special education world was Louis Braille who in 1819 had come up with his version of a blind touch based alphabet based upon a military “night writing” concept which allowed soldiers to “see” written instructions in the dark.29 He had lost his sight before he was ten and came up with Braille, which is still used today in basically the same form by the time he was 16.30 The enlightenment, therefore, was a major turning point in more than just
  • 5. Steinbach Spring2014 5 thought. The thinkers of that time period were integral in the better treatment of human beings and the eventual upgrading of the human condition as a whole. Education of and Services for Persons with Disabilities in the United States In 1817 education strictly for people who had disabilities was finally begun in the United States.31 Thomas H. Gallaudet opened the doors of his Asylum for the Education of Deaf and Dumb Persons, known today as the American School for the Deaf, on April 15, 1817 marking what is probably the most notable beginning of education for people with disabilities in the United States. 32 Although deaf education and that for those with visual disabilities was thought of as a worthy cause, it was not until Helen Keller that the public realized educational possibilities much beyond deafness and blindness.33 Although stricken with a disease that left her deaf and blind when she was just 19 months old, Helen, with the help of Anne Sullivan, the dedicated tutor her parents hired in 1887 when she was seven, graduated magna cum laude from Radcliff College.34 After her triumph, Helen dedicated her life to ensuring that people with disabilities were looked upon differently by speaking to congress as well as people and organizations throughout the world.35 Her life was and still is an inspiration to many people in every corner of the globe because she was living proof that even severely disabled people could succeed and do so beyond anyone’s wildest expectations. The late nineteenth and early twentieth centuries brought many extreme changes throughout almost every facet of life in the United States. Alexander Graham Bell invented the telephone in 1872 at the school he opened for deaf teachers.36 His invention was meant to help deaf teachers and students “see” the spoken word, but it accidentally became the precursor of what is the modern phone. 37 Helen Keller began her journey through Radcliff and her ultimate special education “ambassadorship” through the world.38 People with physical disabilities were
  • 6. Steinbach Spring2014 6 no longer looked upon as worthless and were actually seen as contributing members of society, largely because of the returning soldiers from World War I.39 People with disabilities were being seen as worthwhile contributing members of society for the first time in United States history. Of course, with the positives there are also invariably negatives. While there were great strides with regard to some segments of disabled society, there were huge missteps with regard to others. In the early twentieth century the eugenics movement hit it beginning stride.40 . In 1907 Indiana became the first state in the union to enact a eugenic sterilization law aimed at “confirmed idiots, imbeciles and rapists” in state institutions.41 Many other states in the union soon followed suit.42 In fact, in 1927 the United States Supreme Court, in a ruling that has yet to be overturned, stated that compulsory sterilization was constitutional.43 One of our most respected Justices and arguably most gifted orators, Oliver Wendell Holmes even opined, “(It) is better for all the world, if instead of waiting to execute degenerate offspring for crime, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind…Three generations of imbeciles are enough.”44 It is difficult to believe that more harsh words have been spoken in such proverbially modern times, but as we have seen some things moved forward while others moved drastically in the wrong direction. In order to illustrate the polarization of the movement for normalization of people with disabilities we must look no further than what was happening in the 1910s and 20s. There was “constitutional sterilization” in 1927 for mental defectives as seen in Buck v Bell.45 At the same general time there were disabled veterans returning from The Great War forcing Congress to pass the first rehabilitation program for disabled soldiers in 1918.46 In 1920 congress passed a bill funding vocational training and counseling for the general public under the umbrella term of
  • 7. Steinbach Spring2014 7 vocational rehabilitation called the Civilian Vocational Rehabilitation Act or Smith-Fess Act.47 Even private citizens and organizations were getting involved. In 1919, Edgar Allen a businessman from Elyria, OH started an organization, the Ohio Society for Crippled Children, which would eventually become the national Easter Seals.48 On one side of the coin, the public is more than willing to help those with physical disabilities or those caused by war, while in the same breath Americans had no problem requiring sterilization for people who had put into institutions for whatever reason was given. The late 1920s through the 1940s saw most of the same things as had happened in the two decades prior. There were two notable exceptions to the helping only the physically disabled mantra. In the 1918 a part of the rehabilitation program directed at returning veterans49 was for those who had returned “shell shocked” which was a precursor to what we now call Post Traumatic Stress Disorder.50 Another exception, though not widely known, was the hypothesis by Samuel Orton in 1925, that dyslexia was a neurological disorder not one of visual basis.51 Dyslexia, contrary to popular belief, is nothing more than an inability to read in the manner most people think of as normal.52 It comes in many forms but not a single one is dyslexia; they are all under the umbrella of the word.53 As the country grew more sophisticated, the thoughts regarding the varying types and degree of disability were also going through changes. Though the public perception of those with disabilities was changing, there were still many hurdles a person who had a disability had to overcome. As has already been discussed, those with physical disabilities were more accepted by the public, but not completely. In 1932 the United States elected its first disabled president, Franklin Delano Roosevelt (FDR).54 FDR contracted what was believed to be polio in 1921 and was confined to a wheel chair for the rest of his life.55 Most Americans had no knowledge of his disability, though, because the lower
  • 8. Steinbach Spring2014 8 half of his body was often hidden in public or he was filmed and/or photographed seated.56 FDR’s presidency was one of dichotomy. On the one hand, the president signed into law the Social Security Act in 1935 which allowed for permanent assistance for adults with disabilities.57 During that same year the Work Progress Administration (WPA), one of FDR’s many projects aimed at bringing America out of the Great Depression, had been allowed to discriminate against those having physical disabilities by stating that people with physical disabilities were “unemployable.”58 The discriminatory practice of the WPA’s application process sparked a nine day sit-in by 300 members of the League for the Physically Handicapped.59 Once again, the public’s perception was of any disability making the person less human even though FDR was elected three times. The 1950s was a time of awakening in the United States for numerous reasons, mostly due to participation in and the ending of World War II. Once again the youth of the country were coming back from defending the United Sates with horrific disabilities.60 In the 1950s the Veterans Administration, along with other entities such as the National Easter Seals Society, championed an effort to enact national legislation that would ensure that people with physical disabilities had easier access to buildings by making them “barrier-free.”61 The 1950s also saw the advent of the Association for Retarded Citizens (ARC), which was started in order to change the preconceived ideas of the public.62 The ARC was and educational organization that sought to teach parents and others about individuals with developmental disabilities and their ability to succeed in life.63 They also worked to help individuals who have intellectual disabilities to obtain the supports and services they needed in order to live and thrive in their own communities.64 The time was nigh for people with other types of disabilities to find a voice since many people with cognitive differences were institutionalized prior to the 1950s.
  • 9. Steinbach Spring2014 9 The 1960s were even more important to the normalization of people with all types of disabilities than almost any decade in history until that point. In 1961 the American Standards Association published the first accessibility standard for making all buildings accessible to those with disabilities.65 Just two years later congress passed an act that set aside money for the implementation of state developmental disabilities councils as well as advocacy and protection systems.66 In 1965 Medicaid was created to help low income and disabled people with access to health care that they had been denied previously.67 1968 saw two exciting enhancements in the lives of people with disabilities. After its founding in approximately 1962 by Eunice Kennedy Shriver, the Special Olympics held it first international games in Chicago.68 The other major move toward helping people with disabilities access the things everyone else could was an act that required all buildings leased, constructed, designed or altered with federal government funds to be made accessible to people with physical disabilities.69 The tide had truthfully begun to change in the favor of the people who needed the most help. Steps Toward Egalitarian Education in the United States The Brown decisions are probably what should be deemed as the beginnings of egalitarian education in the United States. 70 The first Brown decision overturned Plessy v. Ferguson, a nearly 60 year-old case that upheld state laws requiring separate schools, as well as other public places in society, and claiming they were equal regardless of their separation.71 In a unanimous decision, the Supreme Court held that the mere concept of separate but equal was inherently unequal.72 In what was termed Brown II, the court decided that District Courts were to be the watchdogs of enforcing school desegregation orders “with all deliberate speed.”73 The Supreme Court had made a decision that was proactive and a heretofore unheard of equitable
  • 10. Steinbach Spring2014 10 remedy that was to have unprecedented ramifications throughout the educational systems prevalent up to that point. The Elementary and Secondary Education Act (ESEA) was signed into law by President Lyndon Johnson in 1965.74 Although the act was originally legislated in order to alleviate the inequities of education with regard to children from low income families, amendments were added in 196675 to specifically address the issues surrounding students with disabilities.76 There were two parts to these amendments one of which provided for the Bureau of Education of the Handicapped and the National Advisory Council for the benefit of students having disabilities.77 The second amendment to ESEA created Title VI which directly provided for state grants to fund education of exceptional students.78 With ESEA the march toward the modern era had begun. Each successive decade brought more protections and mandates for the protection of persons with disabilities. The Education for all Handicapped Act of 1974 was an expansion of ESEA’s Title VI.79 In 1975 President Gerald Ford signed the Education for All Handicapped Children (emphasis added) Act into law.80 The act was known country-wide by those educators working with students who had special needs by its congressional number: PL 94-142.81 The Education for All Handicapped Children Act was enacted to give states an incentive to create policies and practices that would help ensure that he needs of students with special needs were being met.82 In order to obtain federal funding states were required to comply with six specific mandates:83 1. Zero Reject and a Free and Appropriate Public Education (FAPE) meant that EVERY child with special needs in entitled to receive free and appropriate public school education. (note to the nebulousness of free and appropriate) 2. Nondiscriminatory Identification and Evaluation was very important at this time because many students with disabilities were not being identified as children with special needs.
  • 11. Steinbach Spring2014 11 3. Individualized Education Program is designed to provide each student with a disability a specific and meaningful educational program. 4. The Least Restrictive Environment was the setting in which students with disabilities could benefit the most from. 5. Due Process gives people the right to challenge disability programs in hearings. (note 14th amendment notice and a right to be heard) 6. Parental Participation requires parents or guardians to be actively involved in their child’s education.84 The next major update in the education of students with Disabilities was the “enactment” of the Individuals with Disabilities Education Act (IDEA) in 1990.85 IDEA was not actually a new law, it was more correctly amendments to the Education of All Handicapped Children Act, which, along with the IDEA Amendments of 1997 added some very important wording that had been missing in the earlier Act.86 (note PL 105-17 the 1997 Amendments) While the Education for All Handicapped Children Act (PL 94-142) mandated services for students aged three through twenty-one years, it had very little built in with regard to the manner in which services were to be delivered, therefore it lack any specified accountability.87 Another Issue with PL 94- 142 was that he original legislation neglected services for children younger than three and anything that would help those over twenty-one.88 The 1986 Amendments to The Education of All Handicapped Children Act provided for services starting at birth, which took care of one end of the spectrum.89 The 1997 Amendments of IDEA took care of the end of schooling part of the spectrum by discussing and mandating greater transitional services for students who had been school under an Individualized Education Program (IEP).90 There were some very specific changes in the wording which for a better understanding of exactly what transition was.91 The text follows: The term "transition services" means a coordinated set of activities for a student, with a disability, that: (A) is designed within an outcome-oriented process, that promotes movement from school to post-school activities, including post secondary education, vocational training, integrated employment (including supported employment),
  • 12. Steinbach Spring2014 12 continuing and adult education, adult services, independent living, or community privation; (B) is based on the student's needs, taking into account the student's preferences and interests; (C) includes instruction, related services, community experiences, the development of employment and other post-school objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation (section 602).92 The wording of the above section is far from being nebulous, yet the manner(s) in which it is followed are myriad. Some Statistics Even though every student who has an IEP also has a transition plan that is part of the document, those students are at an increased risk of dropping out of high school or finishing completely unprepared for life as an individual adult.93 According to research:  37.6% of high school dropouts have a learning disability.  61.2% of high school dropouts have some type of behavioral or emotional disorder.  36.2 % percent of South Carolina State inmates have a disability.  24.4% of federally incarcerated individuals have a disability.  Up to 75% of those in the juvenile justice system have one or more disabilities.94 The above numbers may shock the conscience, but they are, from the research, the truth. Even though things have gotten better, it is clear that there are still changes needed. Studies that correctly quantify youth who are involved in the juvenile justice system are difficult to find because the definition of what constitutes a disability is in constant flux. A relatively recent study, which was in 2003, suggests that there were nearly 100,000 youth confined to a residential setting on any given day in the United States but that number is not
  • 13. Steinbach Spring2014 13 delineated according to disability.95 One study suggested that between 45% and 75% of those incarcerated have one or more disabilities.96 The studies tend to agree with one specific issue. While less than ten percent of the youth in the country have one or more disabilities, upwards of 30% of those incarcerated reside within the same demographic.97 Youth with disabilities are overrepresented in the justice system on at least a three to one basis.98 Great strides have been made in the area of specified education for students with disabilities, yet they are often misunderstood with regard to what they need to more readily participate in society. Buying in to the educational system and transition therefrom is one manner in which the trend will reverse. Some Best Practices There are always pockets of greatness amongst the norms of society. Special education transition services are no different, due to the fact that there are many excellent programs in place as well as those that show potential. For instance, South Carolina’s Family Resource Center for Disabilities and Special Needs has a Transition Toolkit for students and parents that works as a guide through the process of transitioning from high school to life beyond.99 The National Secondary Transition Technical Assistance Center, based at the University of North Carolina-Charlotte is an organization that disseminates information throughout the country with regard to best practices using evidenced based tools that have been proven to help the outcomes of transition from high school to adulthood.100 Although not “best practices” per se, the NSTTAC provides information to school systems and others having a stake in the education of the country’s youth101 that will help them develop the practices that have been shown to make a difference.
  • 14. Steinbach Spring2014 14 The Reality of Transition Transition services as termed under IDEA are nothing more than a pipe dream. Though a lay person may see what is within the statute as a mandate, and it is, in practice things are not done the way they should be, by and large. In over twenty years working in Special Education as well as teaching parenting classes and disability awareness, nothing much has changed and, in fact, much has gotten worse. There are, or have been, pockets of brilliance in some areas of the country, even as close as Fort Mill, South Carolina where they HAD a Transition Task Force. As often happens, the task force was disbanded due to federal as well as local funding cuts. The ideal is that the most vulnerable students have a fighting chance to become and remain productive citizens in their communities or elsewhere of they are able. The reality is that the ideal is no more than an ideal in many, if not most instances. IEP conferences, and the IEP itself, are supposed to be about the individual, as the first letter (word) states very clearly. When an IEP conference is held all of the proverbial stakeholders are to be in attendance. What is mandated is the attendance and, supposedly, a team approach to the education of the student. The transition plan for an older student should be one of the, if not the, most important components of the conference. Truthfully it should be the majority of what is discussed as the student nears graduation from high school and pending post- secondary life. Transition Plans are far from the rocket science concept that has been shown in most instances thus far. In numerous studies, which have been spoken of here, transition from one place to another is rife with difficulties for the most capable of people. It is of course much less facile for those having certain types of cognitive, as well as physical and multiple disabilities. Though transition for those reentering society after a stint in jail or prison is almost considered a
  • 15. Steinbach Spring2014 15 given, yet not required or mandated in most jurisdictions, has had a very positive impact on alleviating recidivism, those plans that are mandated for students have barely been used and certainly not correctly. The Transition Plan that is included in the IEP since the late 1990s and of course the 2004 reauthorization has a specific format that was developed in studies conducted by the Federal Government and implemented by incubator school districts over the years but has not changed much since the mandate came down in 1997. The plan includes some very basic tenets that are to be followed when creating the yearly IEP. Beginning at age fourteen, which is a farce to begin with, the meeting should discuss the student’s needs, preferences and interests, as well as courses of study with which to help him/her attain those goals. By the age of sixteen the plan is supposed to be more specific in that it is to also include “measurable postsecondary goals” that are based upon some manner of post-secondary interest surveys related to interests, education, employment, and/or independent living skills. Along with the above, students are to be assisted inn linking with other agencies that might help ensure those goals are met. This should not be a difficult task but it seems that schools and IEP teams most importantly, drop the ball. The first issue in the development stage(s) is that the students is much too young at the age of fourteen to have any realistic idea as to what he or she might want to do by the time high school is at an end. I would defy you to find many general education students who are cognizant enough of their future to be able to accurately predict where they may be by graduation. Although it is a good idea to garner a general idea and to look at the student’s ambitions, the requirement of the plan and the implementation of that plan at fourteen is just too early for most students. The early plan is no more than the tracking that used to be done in most schools prior to the enactment of 94-142. It makes a determination of what classes “should” be taken or whether
  • 16. Steinbach Spring2014 16 the students should be involved in vocational education. Many students have not yet begun to understand the implications of the future by fourteen and, therefore, do not have the wherewithal to determine for themselves, or with help, the trajectory their future will take. Being tracked does nothing more than force students into classes that may not have been in their best interests. Sixteen is a more appropriate age for these plans to be put to work, because children are more apt, psychologically, to understand the future ramifications of current decisions. Of course, there is the issue of those students who are working under an IEP and their likelihood of dropping out much earlier than their “regularly developing” peers, which is most likely one of the reasons for the earlier age. No age is set in stone as the best time by which to begin planning for life after high school, and as with most laws an age is set in order to make decisions a bit easier. The totality of the circumstances test should be used instead. Again, the concept of an INDIVIDUALIZED Education Program is that it is to be written for the individual. The fact that the student is to be part of the planning process is often overlooked. As an example Charlotte-Mecklenberg School’s IEP form lists the student last on the participation signature page as attested by this photo:
  • 18. Steinbach Spring2014 18 By the time a student is at the age of transition, he or she should be listed first, regardless of level of functioning. A student’s ability will absolutely determine his/her participation in the process, but to have the parent second to last and the student last is a proverbial slap in the face to the process. In fact, by the time a student reaches the sixteen year old mark, he/she will most likely have only one more IEP before the transfer of rights happens. IDEA as well as most states transfer rights under the law to students upon reaching the age of majority as well as require that parents and students be informed of the transfer one year prior to attaining the age of eighteen. Since the student is to obtain his/her IDEA rights, he/she should be a part of the process, and arguably the most important part, as soon as he/she is able to meaningfully participate. The mandate for determination of how to go about obtaining the services need for successful transition is a particularly vexing issue. The mandate is that services must be included in the IEP that address how a student will reach the intended goals and those agencies that will have various responsibilities for fulfillment of the stated goals. The only requirement is that there be a “statement” of interagency responsibilities. A statement is easy, but the reality is that while there are numerous agencies that are available to help students with disabilities, obtaining buy-in and requiring them to be listed on a legal document is another thing altogether. As the law stands now, there is no requirement that any agency stated in the IEP actually provide any of the services which are planned. In practice, it is very rare when a representative of any outside agency even knows that said agency is part of a transition plan let alone being part of the decision making process. Many times the agencies which are discussed, if they are even discussed at all, do not have the resources that become part of the IEP and are, therefore unable to provide their part of the plan. The truth of the matter is that external agencies are integral parts of the transition process and must be at least contacted if the plan is expected to take fruition.
  • 19. Steinbach Spring2014 19 Many high school Special Education Educators have had numerous contacts with external agencies. Most of those have a working relationship with representatives of organizations such as the courts, social services, the rehabilitation office, vocational schools and community colleges. Often times, though, when brought up at an IEP meeting, those contacts and the possibility of having organizations join in the planning are negated by administrators who do not “have the time” do sit in a lengthy meeting. Special Educator and their knowledge base, which is quite regularly much beyond that of their job description, are a wealth understanding which is underused by school systems at large. To have an administrator who has very little working knowledge of Special Education, if any, take the role of School District Representative is a travesty with regard to the most vulnerable students in any school system. Once a student’s high school education has come to an end, often the school feels that its job is done. The external agencies that are written into the IEP are supposed to take on the next portion of the student’s development without any knowledge thereof. To change the gap that is inherent in the current process, such agencies need to be a definitive part of the transition process. The meetings will take more time in preparation, but ultimately they will mean more for the success of the students. The students are the entire reason for the laws and they should be afforded REALISTIC transition services that will ensure they are able to function to the best of their ability(s) in society. Solutions The attempted normalization of all students has been a massive disservice to those who have the greatest need. Most schools almost require a college bound curriculum which is fine for the relatively small percentage that actually graduate from college. The percentage that goes is relatively high but those who graduate is small. While the truth that most people need some type
  • 20. Steinbach Spring2014 20 of extra training after high school in order to be competitive, it should not be a requirement. Training while still in high school would save valuable time and money for the students as well as society as a whole. The sad fact is that high schools have remained mostly stagnant for the last 150 years or have gone backwards, but there are solutions which are far from difficult. Students thrive in environments where they feel worth and are treated with human dignity. The normalization process has taken away that dignity and forced a community of homogeneity. A homogenous populace is not what there is in America, therefore individualization must make a comeback. It may seem that the ability to fix the education system in the United States is insurmountable, and in many ways it is. But there are relatively simple ways to make great strides. What makes things difficulty is that most of the solutions have already been attempted and to varying degrees of success. Many a successful program has helped the student with special needs make great strides. Alas, as is the way of the world and especially social services entities, money talks. When the economy slows, so does the willingness of the public to fund the most basic needs of the less fortunate. Since a great deal of education is funded by local property taxes, new or continuing programs loss funding and/or are cut to almost non-workable budgets. One way that the country could fix the educational disparities, not only for students with special needs but those in less affluent districts, would be to change the funding structure so that schools are more equal in their funding. The Brown cases mentioned previously were supposed to do that but in reality there are now a great deal of separate and absolutely unequal school, mostly in the poorer inner-city districts purely because of funding difficulties. It seems like such a simple task, yet society, though quite vocal, is unwilling to change the status quo. Of course, it will take a
  • 21. Steinbach Spring2014 21 shift in the priorities of the public to act rather than just talk and the changes would not happen quickly, but the concept is exceedingly simple. There are other areas of greatness in special education. The traditional trade schools that were housed in many high schools twenty years ago were excellent tools to help teach some of the lower functioning students a trade that they liked and in which they could excel. As society became less manufacturing and more service oriented, those schools and the vocational programs began to disappear. Although it is true that many districts have formed consortia vocational districts, too many of the students who have the greatest need are unable to participate due to issues such as transportation or the often highly competitive nature of acceptance. Such in-house vocational programs were transitional without ever being called “transitional.” Those programs were and still are some of the most important post-high school preparedness courses in which any high school student could participate and have “real world” skills upon graduation. Vocational Programs available to every student especially those who have special needs is yet another seemingly simple solution to the problem of ensuring meaningful transition from high school to post-secondary living. Transition as it specifically relates to IDEA and the IEP process is arguably the least difficult solution of all. When Congress decided to add a transition plan to IDEA 2004 and the latter amendments, it was obvious that here were becoming a huge section of the population who were unprepared for life after high school and lacking in the ability to show any realistic gains in the general college experience. The after No Child Left Behind came on the scene, it took what little growth was happening on the Special Education front and generally went back to the pre- Brown era by allowing discrimination directed as students with special needs. The advent of the standardized testing requirements that put students with special needs at an immediate and
  • 22. Steinbach Spring2014 22 untenable disadvantage started discrimination that was not only tolerated, it was mandated. Although each state deals with things differently, most delineate a graduation diploma for those having special needs from those of the general population. Conversations from coast to coast could be heard with arguments from the general education side saying that it was unfair for their children’s hard(er) work to be negated by giving the “slow kids” that same diploma. The other side, of course countered by saying that their children work just as diligently if not more so in order to achieve what they did. There is not easy answer to that debacle, but if, as is stated constantly by the research, students need more training after high school to be competitive, the argument appears to be moot. Special Education transition services are set to begin at a relatively young age in a student’s life. Fourteen, as has been stated earlier, is most likely psychologically too you to begin the process as mandated by IDEA, but of course it must be an individualized decision. It is not necessarily wrong to begin planning for a student’s future success at a young age which may be even younger than fourteen, but it must be done in stages and be realistic for the student, not the school or system. The transition plan has to be more than an “on paper” plan. By the time a student is ready to transition from the relative ease of high school to the stress of the adult world he/she should have already had some experiences in the world of the post-secondary human being. Special Education Departments needs to bring a different tack to the last years of a student’s high school experience. So often the students are sheltered from the general day to day activities in their schools that they have little ability to function within their own schools let alone with the general public. Job coaching, job shadowing, vocational training and true inclusion into certain aspects of school life have all been around for decades but are rarely used as the tool they could be in order to foster understanding among students. Often they are one
  • 23. Steinbach Spring2014 23 time or short lived experiences and have little to do with the individual student’s hope and dreams. A transition plan must include the appropriate extra-curricular representatives. Social workers, Rehabilitation Agencies, Goodwill, the YMCA, local non-profits, as well as the local companies (of which there are many as long as one takes the time to look) that hire students and adults with special needs are all available to help as long as they know they are needed. While it is true that such a change in the manner by which plans are constructed will take time and possibly extra funding, there a plethora of organizations and non-profit companies which already work with youth. Those organizations, though, are usually for the people who have left high school, either because they dropped out or other unfortunate events, rather than attempting to catch them prior to leaving the schools. If the above mentioned organizations know of a need and are given the proper incentive, such as a school system providing a teacher or specialist, they will often create a program where one did not previously exist. The benefits to the students and to society are innumerable when students are helped to understand their capabilities before they get into trouble and ensuring a proactive and multi-organizational transition plan that has specified outcomes will go a very long way to alleviating the plight of students with special needs. It may still take time but changes in the way the system has worked thus far must happen quickly because we have already lost a few generations and it is past time to mitigate those losses and turn the tide.
  • 24. Steinbach Spring2014 24 Signs of the Times: “NOTICE: The National Dissemination Center for Children with Disabilities (NICHCY) is no longer in operation. Our funding from the U.S. Department of Education’s Office of Special Education Programs (OSEP) ended on September 30, 2013. Our website and all its free resources will remain available until September 30, 2014.” (http://nichcy.org) Note:The National HighSchool Centerwassupportedbyagrant from the U.S. Departmentof Education that endedMarch 31st, 2013. The website anditsfree resourceswill remainavailable,butcontentand external linkswillnolongerbe updatedafter3/31/13. For more information,see ourhomepage, (www.betterhighschools.org) 1 Individualswith Disabilities Education Act,20 U.S.C § 1411-1418 (1975) 2 Id. 3 Id. 4 Id. 5 Individualswith Disabilities Education Act,20 U.S.C 1400 (1975) 6 Id. 7 Id. 8 Id. 9 Id. 10 Id. 11 Id. 12 Id. 13 Id. 14 Id. 15 Id. 16 http://info.dhhs.state.nc.us/olm/manuals/dsb/vr/man/Transition%20Services.htm 17 http://www.doe.mass.edu/sped/advisories/13_1ta.html 18 http://www.shaker.org/TransitionServices.aspx 19 http://febp.newamerica.net/background-analysis/individuals-disabilities-education-act-overview 20 20 U.S.C § 1411-1418 (1975) 21 Id. 22 Id. 23 http://www.avh.asso.fr/rubrics/association/biographies.php?langue=eng 24 Id. 25 Id. 26 http://www.indiana.edu/~intell/itard.shtml 27 “L’Enfant Sauvage,” Les Films du Carrosse,Director,Francios Truffaut,1970 28 http://www.indiana.edu/~intell/itard.shtml 29 http://www.avh.asso.fr/rubrics/association/biographies.php?langue=eng
  • 25. Steinbach Spring2014 25 30 Id. 31 http://www.avh.asso.fr/rubrics/association/biographies.php?langue=eng 32 Id. 33 http://www.hki.org/about-helen-keller/helen-kellers-life/ 34 Id. 35 Id. 36 http://www.start-american-sign-language.com/alexander-graham-bell.html 37 Id. 38 http://www.hki.org/about-helen-keller/helen-kellers-life/ 39 http://www.upenn.edu/pennnews/current/2011-12-15/research/rehabilitating-soldiers-after-war 40 http://www.eugenicsarchive.org/html/eugenics/essay8text.html 41 http://www.iupui.edu/~eugenics/ 42 http://www.eugenicsarchive.org/html/eugenics/essay8text.html 43 Buck v. Bell, 274 U.S. 200 (1927) 44 Id. 45Id. 46 http://mn.gov/mnddc/parallels2/four/rehab_act/rehab1.html (Markingwhat may be seen as the beginningof a type of transition for the returningdisabled soldiers) 47 http://www.in.gov/fssa/files/History_and_Regulations.pdf 48 http://www.rotaryfirst100.org/history/history/otherorganizations/easterseals/#.U17b48HD9Ms 49 http://mn.gov/mnddc/parallels2/four/rehab_act/rehab1.html 50 Id. 51 http://www.pitt.edu/~perfetti/PDF/Vellutino%20&%20Fletcher.pdf 52 http://dictionary.reference.com/browse/dyslexia 53 Id. 54 http://www.fdrlibrary.marist.edu/aboutfdr/polio.html 55 Id. 56 Id. 57 http://www.ssa.gov/history/35act.html 58 http://www.disabilityworld.org/10-12_00/il/league.htm 59 Id. 60 http://en.wikipedia.org/wiki/Disabled_American_Veterans 61 http://www.ncsu.edu/ncsu/design/cud/about_ud/udhistory.htm 62 http://www.thearc.org/page.aspx?pid=2340 63 Id. 64 Id. 65 http://www.fhwa.dot.gov/environment/bicycle_pedestrian/publications/sidewalks/chap1.cfm (ANSI A117.1) 66 http://research.archives.gov/description/299883 (P.L. 88-164) 67 http://www.medicaidfrontpage.com/medicaid-timeline 68 http://www.specialolympics.org/history.aspx 69http://www.fhwa.dot.gov/environment/bicycle_pedestrian/publications/sidewalks/chap1.cfm (Architectural Barriers Act- P.L. 93-112) 70 Brown v Board of Education, 347 U.S. 483 (1954),and Brown v Board of Education of Topeka, 349 U.S. 294 (1955). 71 Plessy v Ferguson, 163 U.S. 537 (1896). 72 347 U.S. 483. 73 349 U.S. 294. 74 Elementary and Secondary Education Act of 1965 75 http://en.wikipedia.org/wiki/Elementary_and_Secondary_Education_Act (P. L. 89-750) 76 Id. 77 Id.
  • 26. Steinbach Spring2014 26 78 Id. 79 http://www.gpo.gov/fdsys/pkg/STATUTE-89/pdf/STATUTE-89-Pg773.pdf 80 Id. 81 Id. 82 Id. 83 Id. 84 The 6th mandate is much easier said than done becausemany of the parents do not have the necessary knowledge or skills to participatein the process as well as is needed to ensure correct educational goals and outcomes for the student. http://sitemaker.umich.edu/356.zipkin/the_education_for_all_handicapped_children_act 85 Individualswith Disabilities Education Act (1990)-P.L. 101-476 86 87 http://sitemaker.umich.edu/356.zipkin/the_education_for_all_handicapped_children_act 88 Officeof Special Education Programs- History:Twenty-Five Years of Progress in Educating Children with DisabilitiesThrough IDEA 89 http://www.gpo.gov/fdsys/pkg/STATUTE-89/pdf/STATUTE-89-Pg773.pdf 90 IndividualsWith Disabilities Education Actof 1997 (P.L. 105-17) 91 Id. 92 http://web.mnstate.edu/severson/MDEIDEA.html 93 Id. 94 http://betterhighschools.org 95 http://www.ojjdp.ncjrs.org/ojstatbb/cjrp/asp/Age_Sex.asp 96 http://ericec.org/digests/e621.html 97 http://www.ojjdp.ncjrs.org/ojstatbb/cjrp/asp/Age_Sex.asp 98 Id. 99 (http://www.frcdsn.org/TransitionToolkit.pdf) though at over 250 pages, this is more than the average parent can digest or be expected to know and is dauntingfor most people let alonethose who may have a disabling condition themselves. 100 http://www.nsttac.org/content/about-nsttac 101 Id. (and, in truth, who is the country or the world for that matter does not have a stake in the outcomes of the education of youth?)