The document discusses California becoming the first state to pass a law in 1999 legalizing electronic contracts and signatures. The law aims to ensure electronic contracts and signatures have the same legal standing as paper contracts. However, the law only applies when parties agree in advance to electronic transactions and excludes some transactions like wills and certain consumer protection agreements. While the law will significantly impact contract law in California and nationwide, its full effects remain to be determined through future legal cases involving electronic contracts.

1. · Write in paragraph format (no lists, bullets, or numbers).
· Do not re-write the question(s) from the assignment list.
· Ensure that you have a minimum of three (3) paragraphs.
· Each paragraph should be six (6) to eight (8) sentences each.
· Include at least one in-text citation per paragraph that
corresponds to the References.
· You need to use and cite at least two (2) references for each
submitted assignment, including DBs.
Remember we are in a college-level course. As such, you need
to clearly and thoroughly answer every question asked in each
project. This will rarely be accomplished with one or two
sentences. In addition to providing a basic answer for each
question, a quality response will explain:
a. “How” you arrived at your answer(s)
b. “What” facts and sources you reviewed and considered
c.“Why” your response is the best one from all the alternatives
SPE 352N Module 3 Lecture Instructional Strategies for
Teaching Students With MR
When thinking about how to instruct students with mental
retardation, educators must consider the fact that instructional
organization and effective instructional delivery are the keys to
success. Instruction is not just done in some sort of haphazard,
discovery-learning manner without any particular goals in mind;
rather, teachers should be thinking about their students'
particular disability and their associated learning characteristics
from start to finish.

2. Three Assumptions To Guide Instructional Delivery
Assumptions in science have to do with laying out ground rules
or basic agreements about how something is to be interpreted,
discussed, or studied by interested parties; it is much like
setting the rules for playing a game. Similarly, teachers need
basic assumptions to govern the science and practice of
teaching. The first assumption teachers should come to
agreement about is that due to the unique learning
characteristics of students with mental retardation, instructional
procedures that work well for typically developing students may
not work as well with this population (Taylor, Richards, &
Brady, 2005). The learning characteristics of students with
mental retardation will ultimately affect what actual skills will
be learned and what educational goals can realistically be
attained. So while typically developing students will benefit
from the global general education curriculum, the educational
goals and specific skills students with mental retardation will
focus on will depend heavily on the decisions of an
individualized education plan (IEP) team as they consider the
unique educational needs and monitor instructional progress
over time (Miner & Bates, 1997).
The second assumption teachers of students with mental
retardation should adhere to is that instructional progress can
only be obtained if that instruction is direct and explicit. The
idea that typically developing students do not need precise
instruction to make academic gains is losing ground in America
because such an assertion lacks empirical support (Taylor et al.,
2005). The features of direct and explicit instruction are
described in detail by Gersten, Carnine, and Woodward (1987)
and include research-based practices such as beginning each
lesson with an advanced organizer, having students engage in
activities that show they have learned the objective, and
designing instructional materials in such a way that they
promote high levels of student engagement.

3. As axiomatic as this may sound, teachers must assume that
when powerful instructional strategies/practices are selected,
students with mental retardation will make dramatic progress in
their learning. As Taylor et al. (2005) remind teachers, "[e]ven
as some individuals with mental retardation gained a foothold in
schools during the mid 1900s, most were labeled ‘uneducable'. .
. . However, as educators learned how to teach these students,
assumptions involving educability changed quite dramatically"
(p. 285, emphasis in original). The teacher must realize that for
any student in special education, dramatic progress can only be
made when empirically-supported instructional methods are
selected and applied (cf. Heward, 2003). Descriptions of sound
instructional methodology are available found throughout the
special education research literature (cf. Christensen,
Ysseldyke, & Thurlow, 1989; Kame'enui, Carnine, Dixon,
Simmons, & Coyne, 2002; Wolery & Schuster, 1997). It is only
when teachers take the time to learn and apply effective
strategies with students with disabilities, will they finally move
beyond simply knowing what to teach and advance into the
territory of knowing how to teach in the field of special
education.
The Learning Characteristics of Students With MR
As mentioned above, it is critical for teachers specializing in
the instruction of students with mental retardation to have
mastery-level knowledge about their students' learning
characteristics. Knowledge and understanding in this area helps
the teacher understand what instructional approaches/procedures
are appropriate to use to maximize and enhance rates of
learning and retention.
The impact of mental retardation can be observed in many ways,
not the least of which involves damage to short-term memory
and the poor ability to recall material presented only seconds or

4. minutes before. This issue points out the need for teachers to
teach in ways that enhance short-term memory skills. Long-term
memory is also affected due to the underdevelopment of
metacognitive processes (i.e., people's ability to think or be
aware about their thinking/learning). Despite the seemingly
challenging task associated with improving memory in students
with mental retardation, researchers have suggested that
improvements in short-term and long-term memory can be
achieved (Drew & Hardman, 2007). It is well accepted that the
best way for students with mental retardation to learn, is to
arrange for distributed as opposed to massed practice with
materials/skills; teach concepts using concrete examples/objects
instead of using abstract materials; and ensuring that learning
experiences move sequentially from easy to hard content so as
to maximize generalization of content and skills (Drew &
Hardman; Westling & Fox, 2004). The transfer and
generalization of knowledge and skills is particularly difficult
for individuals with mental retardation which is why
programming and planning for it in one's instruction and goal
development/analysis is very important. Without the skills to
transfer or generalization knowledge and skills, the student with
mental retardation will not be able to use knowledge/skills used
in one setting/situation and apply it in the same or different way
across other settings, conditions, people, and material (cf.
Wolery, Bailey, & Sugai, 1988). Instruction without planning
for generalization defeats the purpose of teaching in the first
place.
The Content and the Setting Matters
Goal analysis, development, and implementation are lofty
concepts to consider but without an idea of what to teach, these
concepts are meaningless. Over 20 years ago, America grew
alarmed by numbers of students who were unprepared to meet
the demands of life and society, information brought out in the
now famous publication A Nation at Risk (National Commission

5. on Excellence in Education, 1983). The National Education
Goals Panel (1997) established a set of skills that all students
should have when they graduate from high school and the No
Child Left Behind Act (2001) came in behind that to require
periodic assessment towards those goals. With these set of
standard educational expectations for typically developing
students, it should come as no surprise that students with mental
retardation should be held to a set of standards, the mastery of
which will enable them to participate in society. At the outset,
and given the range of challenges to learning children with
mental retardation need to overcome, they must acquire a set of
critical skills that are needed to participate in daily routines that
typically developing students (or adults) take for granted (e.g.,
toileting, hygiene, using technology like phones, knowing how
to use a city's transportation system, etc.). These critical skills
serve as the basis for a broad functional curriculum that teaches
(a) independent living skills, (b) communication skills, (c)
social interactions and relations, (d) academic skills, and (e)
transition and community living skills (Taylor et al., 2005).
Such a curriculum does not preclude the opportunity for some
students with mental retardation to access and participate in the
general education curriculum, but that all depends on their
unique educational needs and the severity of mental retardation
that is present.
Although teaching is considered the essential feature of what
takes place in education, the setting where teaching takes place
does have an effect on instruction. "Settings influence the
attitudes and behavior of students, their teachers, and society at
large" (Taylor et al., 2005, p. 329). The place or setting for
instruction in education holds great importance, as seen by the
various legislative changes and reform efforts since 1975 to
provide instruction in the least restrictive environment.
Contrary to popular belief, the least restrictive environment is
not synonymous with the general education setting, especially
for students with mental retardation who may need a more

6. functional curriculum that cannot be delivered or supported in
the general education environment; in this case, the least
restrictive environment might very well include locations such
as community settings or job sites where those functional skills
can be taught and learned effectively. It is always important for
IEP teams to consider the best setting for delivery of
instruction; access to the best instructional opportunities will
always result in the greatest gains. Not only do the right
settings help students with mental retardation grow, proper
instructional accommodations can also improve the quality of
the setting. Accommodations can be made to rules and routines,
the way materials are used, how groups are arranged, how tests
are adapted, or how the way a task is to be performed (cf. Scott,
Vitale, & Masten, 1998). Adaptations to learning requirements
such as this can increase the likelihood that a particular
instructional setting will be a positive and successful one.
The DPE Approach
According to Thomas (1996), helping students with mental
retardation achieve the greatest success and independence in
life can be accomplished through individual life goal planning
and diagnostic/prescriptive/evaluative (DPE) teaching.
Considering all that was presented above, with the variety and
limitations imposed on individuals with mental retardation, a
flexible curriculum is needed that can be adapted to each
student's situational and family needs. As Thomas describes, the
diagnostic component takes into account all available
information about the student and their skills/abilities, and
matches that against their high-priority life goals. After sifting
through all the information and data on a student, a more
refined life-goal emerges which can then be taught in a highly
prescriptive manner (i.e., broken down into teachable segments
and components). Once the prescriptive teaching begins,
progress is then monitored and evaluated on a formative basis.
Thomas warns that the DPE approach is not to be confused with

7. the IEP; rather it is the means for accomplishing the goals of
the IEP itself.
CONCLUSION:
With the assumptions, characteristics, and content/setting issues
now presented to the teacher, DPE and goal-based instruction
takes on a new character. The development and implementation
of goals is not done in a vacuum; goals represent and involve
real persons, real students who need their teacher's help and
assistance in learning how to be self-sufficient, independent,
and successful adults in society.
REFERENCES:
Christensen, S. L., Ysseldyke, J. E., & Thurlow, M. L. (1989).
Critical instructional factors for students with mild handicaps:
An integrative review. Remedial and Special Education, 10, 21-
31.
Drew, C. J., & Hardman, M. L. (2007). Intellectual disabilities
across the lifespan (9th ed.). Upper Saddle River, NJ: Merrill
Prentice Hall.
Gersten, R. Carnine, D., & Woodward, J. (1987). Direct
instruction research: The third decade. Remedial and Special
Education, 8, 48-56.
Heward, W. L. (2003). Ten faulty notions about teaching and
learning that hinder the effectiveness of special education. The
Journal of Special Education, 36, 186-205.
Kame'enui, E. J., Carnine, D. W., Dixon, R. C., Simmons, D. C.,
& Coyne, M. D. (Eds.). (2002). Effective teaching strategies
that accommodate diverse learners (2nd ed.). Upper Saddle
River, NJ: Merrill Prentice Hall.
Miner, C., & Bates, P. (1997). The effect of person centered

8. planning activities on the IEP/transition planning process.
Education and Training in Mental Retardation and
Developmental Disabilities, 32, 105-112.
National Commission on Excellence in Education. (1983). A
nation at risk: The imperative for educational reform.
Washington, DC: U.S. Government Printing Office.
National Education Goals Panel. (1997). The national education
goals report: Building a nation of learners. Washington, DC:
U.S. Government Printing Office.
Scott, B., Vitale, M., & Masten, W. (1998). Implementing
instructional adaptations for students with disabilities in
inclusive classrooms: A literature review. Remedial and Special
Education, 19, 106-119.
Taylor, R. L., Richards, S. B., & Brady, M. P. (2005). Mental
retardation: Historical perspectives, current practices, and
future directions. Boston: Allyn & Bacon.
Thomas, G. E. (1996). Teaching students with mental
retardation: A life goal curriculum planning approach. Upper
Saddle River, NJ: Merrill Prentice Hall.
Westling, D., & Fox, L. (2004). Teaching students with severe
disabilities (3rd ed.). Upper Saddle River, NJ: Merrill Prentice
Hall.
Wolery, M., Bailey, D. B., & Sugai, G. M. (1988). Effective
teaching: Principles and procedures of applied behavior analysis
with exceptional students. Boston: Allyn and Bacon.
Wolery, M., & Schuster, J. W. (1997). Instructional methods
with students who have significant disabilities. The Journal of
Special Education, 31, 61-79.

9. SPE 352N Module 3 Reading
1) Textbook:
a) Thomas, chaps. 6-8
2) eLibrary Resources: None
3) Electronic Resources: None
4) Web Sites:
a) NationalDissemination Centerfor Children with Disabilities.
http://www.nichcy.org/
5) Lectures/GCU Resources:
a) Module 3 Lecture
6) Other: None
7) Optional: None
Actual Assignment Details with hyperlinks
E-commerce is growing by leaps and bounds, propelling
business further into the information age with each passing day.
People just like you and me clicked our mouse and purchased
approximately $10 billion in merchandise during 1999. The U.
S. Department of Commerce forecasts Internet retailing will
exceed $50 billion within the next two years, and business-to-
business e-commerce will top $1 trillion. With millions of
transaction taking place, it is inevitable that contract disputes
will arise, and common rules to authenticate and confirm the
integrity of electronic documents and their signers are of
paramount importance.

10. On September 16, 1999, Governor Gray Davis signed Senate
Bill 820 making California the first state to adopt an electronic
contracting law. The law went into effect January 1, 2000. Its
primary purpose is to "ensure that electronic contracts (records
and signatures) have the same legal effect as their hardcopy
counterparts." In addition, the law legalizes electronic
signatures and even extending the electronic signature, under
certain circumstances, to satisfy requirements that a signature
be notarized. The law, however, only applies to transactions
where the contracting parties have agreed in advance to be
bound by an electronic transaction.
Maybe the law's most extreme fault is that it fails to cover all
transactions. The following contracts are excluded:
· Wills, codicils, and testamentary trusts.
· Certain transactions governed by various consumer protection
laws (for example, notice of mortgage late fees, non-judicial
foreclosure notices, and statements of finance charges).
· Any transaction under the Automobile Sales Finance Act or
the Vehicle Licensing Act.
· Some retail installment sales contracts.
Even with these shortcomings, the law undoubtedly will have a
significant effect on the future of contract law in California and
the nation. Exactly what that effect will be, however, remains to
be decided in the courtroom. In the following section, we will
examine some of the issues.
1. What will be the long-term impact of electronic contracting
on the nation's business?
2. What are the potential pitfalls you see with electronic

11. contracting?