Why do we want to spend resources graduating Peter? Education Week dated March 3 about how states fear reauthorization of the main federal special education law Would spell more demands on states yet would not provide enough federal aid which would bring about the same problems the states face in implementing the NCLBA Moreover demands on states have grown for more data collection on and assessment of students with disabilities

In early 1900s, service options available for individuals with disabilities were private and/or state institutions Most public schools would NOT accept such students. Facilities originally designed to provide educational training for people with physical and mental disabilities. However, by the turn of the century, institutions began to function less as schools for training persons to return to the community and more as institutions in order to protect the community Since individuals w/ disabilities were excluded from public schools and public life, institutions became custodial with a focus on lifelong care. Concern spread that facilities not providing quality services or quality of life also concern about wide spread abuses in the system. In addition severe overcrowding and over 50,000 people on waitlists. Conditions were slow to change 1971 results of national study involving 134 public institutions caring for persons with mental retardatiIon found the following

One response to the overcrowding of these institutions was to deinstitutionalize individuals with mental retardation so that their lives were normalized or more like those of persons not residing in institutions. Wolf Wolfensberger, the major contributor to the philosophy in the US in the 70s talked about the idea of social valorization which placed an emphasis on valuing the person even when the person could not participate fully in society because of a disability. It affirmed the right of an individual to be both valued and different. Right to treatment cases which would provide the cornerstone for the least restrictive environment cases. Halderman and Wyatt focused on the issue of removal of the individual’s constitutional right to liberty through involuntary commitment and whether this created a right to receive treatment for the charactertistic that precipitated institutionalization. In Wyatt v. Stickney, the aunt and guardian of Ricky Wyatt, a resident of Partlow State School and Hospital in Alabama brought suit alleging that the residents were not receiving proper treatment and habilitation, the primary purpose for their involuntary commitment. The court agreed and held that a person with mental retardation who was committed involuntarily to a public institution possessed a constitutional right to habilitation and all that Partlow State School was doing was “warehousing conducive only to deterioration and debilitation of the residents” Set forth minimum treatment standards, staffing patters, recors, medication, resident labort, etc.

Advocacy and Professional groups developed a basic rights statement for individuals with mental retardation and other disabilities which was accepted in 1971 by the United Nations General Assembly Philosophy underlies IDEA and our law What do you think? Saw in film? Made difference to Peter? His family? School? Community? Society?

In 1971, Penn Association for Retarded Chidlren (PARC) against the State of Pennsylvania resulted in case enjoining state from denying educational opportunities to children with mental retardation who reside in the state. Case brought by parents of chidren with disabilities who had been excluded from public school as the result of their disabilitiy. Other important cases followed Mills Diana Larry P

By early 70’s, 70% of states had adopted mandatory legislation requiring education services for students with disabilities. Although 70% represented a significant number of states, no laws or regulations existed that codified the educational responsibilities across state and local entities Education Handicapped Act of 1970

What is in it for us?

Comprehensive requirement Every public school district must provide special education facilities and programs to all children between the ages of three and 21 who are residents of the school district who are found to require special education services and including students who have been suspended or expelled from school. Under most circumstances a school district is responsible for the deliver of special education to children residing in the district who are enrolled in nonpublic schools or are wards of the state, children who are living orphanages, foster homes, children’s homes, and state housing units located within the district Is this being complied with? What is your experience?

Legislation has 8 subchapters that provide the basic definitions, requirements, and procedural safeguards for the provision of education services for children with disabilities rather than establishing substantive educational standards for all disabled children, the Act relies heavily on procedural protections There are six important principles from that 1975 version that are still around today

Theoretical nucleus of the Act is based on the concept that all children with disabilities no matter the severity or type of their disability, are entitled to receive a free appropriate public education (FAPE). This principle includes the belief that all children cal learn and can be taught

Testing, evaluation materials, and procedures used in the identification and evaluation of f children with disabilities are to be selected and administered so as not to be racially or culturally discriminatory.

Participation of parents and guardians is considered pivotal in the provision of an appropriate education because IDEA requires that parents be included as part of the multidisciplinary team (MDT) that develops that child’s program Providing written permission for testing and evaluation Participating in the determination of eligibility for services Assisting in the development of in the individualized education program Participating in the annual review process Advocating for their child Parents also have the opportunity under the IDEA to advocate for all children with disabilities through participation in special education policy development and state advisory panels and in some cases local educational advisory panels. Parents (or guardians) play a significant role.

Mainstreaming is educational jargon for an application of the principle of least restrictive environment Mainstreaming is placement of children with disabilities, to the maximum extent appropriate, with children who do not have disabilities Placement in special classes, separate schools, or other removal of children with disabilities from the regular educational environment may occur only when the nature or the severity of the disability is such that education in a regular class with the use of supplementary aids and services cannot be achieved. Student w/ a disability must be educated in a regular classroom if child can receive a satisfactory education in the class with the help of support services, even if the regular class is not the best academic setting for the child Education of the child in a regular classroom is sometimes called full inclusion

A. Introduction: Bias against law: “Language is ambiguous and confusing. Language does not make sense. Law is not logical. Law does not make sense.” B. Topic: Ambiguous statutory language about Federal & state law in statutes and from hearing officers & judges is confusing, contradictory, & difficult to understand Individuals with Disabilities Education Act (“IDEA”) 20 U.S.C. 1412(a)(5) What does this mean? Often referred to as requirement for inclusion– that children with special needs must be mainstreamed in regular classroom. But doesn’t use words “inclusion” “mainstream” Does not specify any particular standard? What does this mean? One of reasons law seems illogical, inconsistent, and changing is because judges employ different political models of their roles when interpreting statutes. 4 different kinds of judges reflect these roles. C. In order to understand inconsistency in law and how judges interpret ambiguous language-- 4 Different kinds of Judges Rename 4 students in class (pass out poster board)

Supplementary aids and services are aids, services, and other supports that are provided in regular education classes or other education related settings to enable children with disabilities to be educated with non-disabled children to the maximum extent appropriate under special education law School district is not required to provide special education students with medical services except for purposes of diagnosis or evaluation Medically related services that could be provided by a nurse or a trained law person that are necessary to permit a student to benefit from special education must be provided

What about Peter’s transition services? Did her really graduate? Why do we care about this?

School district representative is the person designated to represent school in IEP meetings must be “qualified to provide or supervise provision of specially designed instruction” must be knowledgeable about and have authority to commit school resources, must ensure that IEP services will be delivered and must be knowledgeable about general curriculum. This person is frequently the school principal, but it also may be a special education administrator or specialist as long as this person has been delegated the appropriate authority to fill the role. The school may designate another of the school’s IEP team members to also serve as the school’s representative. This could be a school counselor Special Education teacher-- At least one of the child’s special education teachers or special education providers must be present. The teacher responsible for implementing the IEP should attend. If the child’s disability is a speech impairment, then the teacher could be the speech/language pathologist. If the child’s special education teacher is not yet identified, then a teacher qualified to provide special education the child’s area of suspected disability could attend. School must ensure that the child’s special education teacher receives a copy of the finalized IEP before beginning work with the child. Regular education teacher-- at least one regular education teacher of the child must attend if the child is, or may be, participating in the regular education environment. Due to the IDEA’s strong preference for inclusion, the vast majority of IEP teams will include at least one regular education teacher. Primary purpose of regular education teacher is to facilitate successful placement of child in regular classroom. Important in determining supplementary aids and services necessary. Parents Educators must insure that parents can participate meaningfully. Parents must be notified of the first IEP meeting soon after a decision is made that the child is eligible for special education, thus allowing them time to prepare. IEP meetings must be scheduled at a mutually agreed on time and place Parents provide critical information about the child that cannot be easily obtained elsewhere, such as health history, interests, behavior outside formal school, and special settings. Informed written parental consent required under initioal provision of special education programs and services under 1st IEP. Others At least one person on the IEP team must be able to interpret the instructional implications of evaluation results. This could be school counselor. This person may also play another role on the team i.e. teacher or school rep. If appropriate, child may attend IEP meetings. At discretion of parents or school, other individuals who have knowledge or special expertise regarding child. School counselors may fit in this category. Transition At age 14, a students’s IEP team must give consideration to programs that will lead student into transitioning from school to adult living. At age 16, students who need transition services to facilitate student’s movement from school to post school experiences must have those services included in their IEPs. This requires the inviting additional persons to the IEP meetings who are representatives of community agencies knoledgable about transition services (vocational training, adult education, independent living, etc.)

School must devise efficient, effective, and appropriate professional implementation systems;

As for accountability, law is clear that no one making a good faith effort may be held legally responsible under federal law if a student fails to meet the IEPs goals and objectives. However, the school district is legally bound to provide all programs and services listed in the IEP and to make a good faith effort to assist the child to achieve the IEPs goals and objectives. Parents who are dissatisfied with their child’s education program always have the right to request a mediation or a due process hearing to involve outside resources in resolving disputes. WHY REQUIRE THESE IN THE IEP Requirement of an IEP is a response to (1) reality that students with disabilities differ significantly from each other as well from the typically developing student; (2) past abuses in which students with disabilities frequently suffered from inappropriate educational placements based on categorical labels alone. Furthermore, the practices of IEP process individualization, goal-oriented planning, and periodic evaluation embodied in the law have proved educationally sound. WHAT IS BEST WAY TO PREP FOR IEP MEETINGS Advance preparation, good communication, and development of trust among participants Be familiar with student, evaluation data, school’s programs and services Prior school staff communications with parents can help build trust and understanding which can make it easier to reach an agreement.

In a class action suit against City of Chicago Public Schools, the parents of Corey Hl, Laticia H., Andrew b., and Jason E., claimed that the City engaged in continuing and pervasive systematic segregation and unequal treatment of special education students in all of the city’s schools. The district settled its claim by agreeing to bring nearly one half of its 533 schools into compliance with the LRE mandate. At trial, the ISBE was found to be in violation of the LRE requirement on the state level. Court found that Placement decisions are not based on individual’s child’s needs LRE violations not identified not corrected. Teachers and administrators not adequately informed or trained State funding formulas are inconsistent. Reconstructionist.

Why do we care about Peter “graduating” with his class? Module 6 Andrea Kayne Kaufman DePaul

What would Peter’s life look like in these conditions? American Association on Mental Deficiency (AAMD) 1971 survey: 60% overcrowded; 50% below min safety standards; 89% didn’t meet attendant/resident ratios; 83% didn’t meet professional staffing; 60% provided insufficient space; 64% used residents for maintenance and only 23% compensated them.

Practical Deinstitutionalization Theoretical Social Valorization Legal/Constitutional Right to Treatment - Halderman v. Pennhurst State School - Wyatt v. Stickney Response to Conditions

United Nations Declaration 1971 The mentally retarded person has the same basic rights as other citizens of the same country and the same age… The mentally retarded person has a right to proper medical care and physical restoration and to such education, training, habilitation, and guidance as will enable him to develop his ability and potential to the fullest possible extent, no matter how severe his degree of disability… The mentally retarded person has the right to participate in all aspects of community life…

PARC v. Commonwealth of PA (1972) A free, public program of education and training appropriate to the child’s capacity, within the context of the general educational policy that, among the alternative programs of education and training required by statute to be available, placement in a regular public school class is preferable to placement in a special public school class [i.e. a class for “disabled" children] and placement in a special school class is preferable to placement in any other type of program of education and training.

Education for All Handicapped Children (1975) To ensure that all children with disabilities have available to them a free, appropriate public education (FAPE) that includes special education and related services designed to meet their unique needs; To ensure that the rights of children with disabilities and their parents are protected; To assist states and localities to provide for the education of children with disabilities; and To assess and ensure the effectiveness of efforts to education those children.

Essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities. To ensure that all children with disabilities have a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for employment and independent living. Why was enacted ?

The Individuals with Disabilities Education Act requires school districts to have in effect "policies and procedures" insuring that "[a]ll children with disabilities residing in the State, including children with disabilities attending private schools, regardless of the severity of their disabilities, and who are in need of special education and related services, are identified, located, and evaluated and a practical method is developed and implemented to determine which children with disabilities are currently receiving needed special education and related services." I E D A ndividuals isabilities ducation ct with 20 U.S.C. §1412(a)(3)(A)

Overview of IDEA’s basic Requirements All children over age 3 who are identified with potential disabilities are entitled to a full, nondiscriminatory assessment of their educational needs and a determination of eligibility; Based on data assessd by a team of professionals and the child’s parents, an individualized education program (IEP) is prepared, which establishes the structure for the provision of an appropriate education program and related services; An education placement is chosen in which to carry out the IEP in the LRE feasible which meets the child’s educational needs. Schools much have a continuum of placements available to meet the needs of children with disabilities; and Parents are entitled to an extensive system of procedural safeguards, including confidentiality of education records.

Criteria School Age Mental retardation Hearing impairments (deafness, speech, language) Visual impairments or blindness Serious emotional disturbance Orthopedic impairments Autism Traumatic brain injury Other health impairments Learning disabilities Deaf-blindness Ages 3 & 5 Physical development Cognitive development Communication development Social development Emotional development Adaptive development experiencing developmental delays in one or more of the following:

FAPE is defined as special education and related services that: Zero Reject Principle Are provided in conformity with an IEP (individualized education program) that meets requirements. Are provided at public expense, under public supervision and direction, and without charge; Include preschool, elementary school, or secondary school education in the state involved; and 2 3 1

Nondiscriminatory Assessment Principle Nondiscriminatory assessment Testing in child’s native language or other appropriate mode of communication Testing validated for purposes for which it is being used Testing administered by trained personnel No single test used as sole criterion for determining appropriate program Evaluation to be made by multidisciplinary team 2 4 3 5 6 1

Strengthen and guarantee rights of all stakeholders Procedural Due Process Principle Results in parents and educators being equal partners by facilitating parental participation Protect parents and schools when disagreements occur 2 3 1

Permission for evaluation & testing IEP Annual review Multidisciplinary Team (MDT) Advocate Parental Participation Principle 2 4 3 5 1

Preferred placement for students with disabilities is the regular classroom. Alternative placements only when success in the regular class cannot be achieved. Least Restrictive Environment Principle “LRE”

To the maximum extent appropriate children with disabilities…are [to be] educated with children who are not disabled…[S]pecial classes, separate schooling or other removal of children with disabilities from the regular educational environment [must] occur only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactory. Quote

Special schools; Special classes; special instruction; special reader service; braillists and typists; sign language interpreters; transportation; instructional material; physical or occupational therapy; school social worker services; special administrative services; salaries of all required special personnel; special equipment for use in the classroom, psychological services, counseling, mobility, etc. What special Education facilities and services must a district provide ?

IEP no later than 16 must include a statement of the needed transition services including a statement of each public agency’s participating responsibilities… Individualised Education Plan Transition Services Until Age 21

Procedural protection for students and parents; Management tool to ensure and monitor special education and related services; Written commitment of resources; and Communication vehicle for all stakeholders. Purpose of IEP

Purpose Attending IEP Conference School District Representative (Special Education Teacher) Or Someone Who Understands Testing And Evaluation Regular Education Teacher Parents Child (If Appropriate) Transition Planners Others

IEP Meetings must be Initiated by the school within 60 days after determining a child needs special education services; Held at least annually to review and update each student’s program; Attended by the parents, a regular education teacher, a special education teacher or someone else who understands testing, a school district rep, the child (if appropriate), and others at the discretion of parents or school; Attended by providers of transition services when older children are involved; and Followed as soon as possible by implementation of the agreed upon program. 2 4 3 5 1

Statement of child’s present levels of educational performance (PLEP), including how disability impacts participation and progress in general curriculum; Statement of annual goals including measurable criteria in order to monitor progress; Statement of specific special education, related services, assistive technology, supplementary aids and services; Explanation of the extent, to which child will not participate in regular education programs and nonacademic activities; Projected dates, frequency, location, and duration of services; Statement of appropriate evaluation criteria and procedures and how progress will be communicated to parents; Statement of participation in district-wide assessments; and transition services for older children. IEP document must include

Corey H. - federal district court The LRE mandate requires SEAs to establish procedures to ensure that, to the maximum extent appropriate, children with disabilities …are educated with children who are not disabled. SEAs must take considerable steps to ensure that each child is afforded a placement in his or her least restrictive environment. The IDEA was intended by Congress to address and correct institutional segregation of children with disabilities. Chicago public schools languished in an atmosphere of separate and unequal education for children with emotional, mental, and behavioral disabilities.

Discipline: Suspensions School personnel may place a child with a disability who violates a code of student conduct in an appropriate interim alternative educational setting, another setting, or suspension, for not more than 10 school days (to the extent such alternatives are applied to children without disabilities.) ” “

Manifestation Determination Review Determination that it was a manifestation Determination that it was NOT a manifestation 45 day placements special circumstances 45 day placements serious bodily injury Expulsions and 45 day placements

In General, within 10 school days of any decision to change the placement of a child with a disability be cause of a violation of a code of student conduct, the local education agency (LEA), the parent and relevant members of the IEP Team…shall review all relevant information in the student’s file, including the child’s IEP, any teacher observations, and any relevant information provided by the parents to … Manifestation determination Review ” “

If the conduct in question was caused by, or had a direct and substantial relationship to the child’s disability; or If the conduct in question was the direct result of the LEA’s failure to implement the IEP. Manifestation-- If the LEA and relevant members of the IEP Team determine that either subclause (1) or (2) is applicable, the conduct shall be determined to be a manifestation of the child’s disability Manifestation determination Review to determine: l 2 3 1

If manifestation, IEP Team shall: l Conduct a functional behavioral assessment, and implement a behavior intervention plan… Review behavioral intervention plan if one had been developed… Return child to the placement, unless parent and LEA agree to a change of placement…

Determination that behavior was not a manifestation Student may be disciplined in the same manner and for the same duration in which disciplinary procedures would be applied to children without disabilities… ” “

Services A child with a disability who is removed from the child’s current placement…whether the behavior is determined to be a manifestation of the child’s disability Continue to receive educational services to enable the child to reach IEP goals Receive a functional behavioral assessment , intervention, and modifications shall: l

School Personnel may remove a student whether or not manifestation Carries or possesses a weapon to or at school, on school premises, or to or at a school function… Knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school, on school premises, or at a school function Has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function where child: l

Section 504 of the Rehabilitation Act Prohibits discrimination against individuals with disabilities in any program receiving federal financial assistance Provides rights for school-age students with disabilities in addition to those provided by the IDEA because it protects students with disabilities who do not need special education

Requires that all facilities afford students access they need, including accessible public accommodations (school cafeterias, school lavatories, etc.) and telecommunications (relay services for students with hearing impairments and speech impairments) (ADA) AMERICANS with DISABILITIES ACT

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