Chapter I INTRODUCTION The earliest official recognition of educational rights for students with special needs occurred in the United States with the passage of PL 94-142 in 1975 (Boyer, 1979; Hallahan, Kauffman, & Pullen 2009). One of the major components of this legislation was the mandate that students with disabilities be educated with their nondisabled peers to the maximum extent possible, often called the “inclusion mandate” (Dybvik, 2004, p. 44). This legislation has been re-authorized and additional provisions added to ensure the rights of students with disabilities to a free, appropriate education in the least restrictive setting. It was nearly 20 years later in 1994 that education rights for individuals with disabilities were globally recognized. The Salamanca Statement (United Nations Educational Scientific & Cultural Organization [UNESCO], 1994) was the catalyst for establishing education policies in the United Kingdom and other industrialized nations. This document, aimed at a global audience, promoted participation of all students in mainstream education, including students with disabilities. In developing nations, however, recognition of rights for students with special needs came to the forefront more recently with the United Nations Convention on the Rights of Persons with Disabilities (CRPD). This historic human rights treaty became effective in 2008 and contributed to the emergence of global educational policies regarding inclusion (United
Throughout the ages, people with disabilities have been hidden away at homes or institutions and were often not educated. This was common practice and as such, when the education system was designed, children with disabilities were not even considered. Then, starting soon after the civil rights movement in the 50’s, a series of lawsuits was brought against school boards and the federal government took notice. Then the Education for all Handicapped Children Act of 1975 was passed and these children were finally allowed the education they deserved. As time went
The first key principle of the Individuals with Disabilities Education Act is that any student regardless of their disability is entitled to a free and appropriate public education. The term zero reject is commonly used to summarize this principle. An important component of zero reject is for school administrators to understand that the state is responsible for locating, identifying, and providing for students with disabilities from birth through age twenty-one. School officials play an important role in carrying out the state responsibility under the zero reject principle. This principle both implies and specifies the concept that no matter how severe the disability may seem, all children can learn, benefit from, and are entitled to a free and appropriate public education.
In the early 1970’s parents of students with disabilities went to federal court when their local school districts did not provide services to meet their children’s educational needs. In Pennsylvania Association for Retarded Citizens (PARC) v. Commonwealth of Pennsylvania (1971), a Pennsylvania court ruled that all children, regardless of disability, have a basic right to an education under the Fourteenth Amendment. In Mills v. Board of Education of the District of Columbia (1972), a federal court ruled that the District of Columbia schools could not exclude children with disabilities from the public schools. Cases like this focused public attention on the issue of educating children with disabilities. The social and political pressure then resulted in landmark federal legislation to address the educational rights of these children.
Today’s society is different in its thinking when dealing with people with disabilities. There had to be many changes made in its labeling, and approach when dealing with people who may have physical/mental differences. The ostracize behavior that people were known to disturb in society has changed a great deal, due to the many federal laws that have been put in place to insure the well-being of people that have disabilities. In 1972, one very well-known case is Mill vs Board of Education of the District of Columbia this case address how the constituted rights of students were not being meet by not providing them with a public education.” Many disabled children had been excluded from public education prior to 1975,24 Congress, through the Act, sought initially to set up a process by which states would find children in need of educational services and bring them into the system”(Kotler, p.491,2014).
Rules, regulations, and federal laws for special education have improved as the years have gone by. This essay will indicate how educators teaching special education must comprehend the mandates of the Individual with Disability Act (IDEA), student and parental rights. This essay will also explain how court cases (past and present) and IDEA has given special education students the ability to receive a Free Appropriate Education (FAPE). My interview with Ms. Patricia Pritchett, Coordinator of Special Education in DeKalb County School District, was able to give me information and guidelines in reference to their county procedures and policies for the special education department. The interview with Ms. Pritchett gave me insight as to special education legal framework and how the constant changes that affects students with disabilities and regular education students.
The Individuals with Disabilities Education Improvement Act of 2004 (IDEIA) mandates that “to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled”, and stipulates that “special classes, separate schools, or other removal of children with disabilities from the regular educational environment occurs 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 satisfactorily” (IDEIA, P.L. 108-446 [Sec. 612 (a)(5)(A)], 2004). Likewise, the No Child Left
Some people may think that special education has been established since the beginning of public education. Others may consider a time when special education did not exist and students with disabilities were not able to attend school. The truth is, there was a time when this happened; these students were not allowed to be educated in the general education classroom alongside their peers. People with disabilities were treated differently, and some were forced into institutions because teachers and staff found them to be disturbances to their peers. Luckily, special education has come a long way since public education began. People, especially parents, advocated for their children, and today many laws are in place to ensure that all children
Students with special needs need deserve the same education general education students are presented with. The philosophy of “ Disability Inclusion” concentrates on creating a safe, loving, and effective learning environment for students who suffer from physical, learning, and behavioral disabilities. When a student with disabilities is placed in the same environment as a non-disabled student, the results show wonderful improvement. When we are able to discover the strength of the student we are able to see just how much the student can improve in an inclusion classroom. Disability Inclusion not only sets a new beginning for an equal education of special education students, but it allows for more interaction with the child, and a more hands-on assessment.
In 1994, representatives of 92 governments and 25 international organizations formed the World Conference on Special Needs Education and called on the international community to endorse the concept of change and inclusion through a new statement called ‘The Salamanca Statement’. As this was the first major international statement of what an inclusive approach to education needs to be, they formed practical strategies to ensure this positive inclusion would take place worldwide.
The idea of children with disabilities, whether they be mild or severe has been a very controversial and misunderstood topic. In the past inclusion has brought about huge changes for not only the students, but also the parents and families of these children, and staff at schools. Teachers and education professionals were the first to really feel the wrath and intimidation of this dramatic shift in education. There were several different factors that were coming about that made it very difficult for schools and teachers, the unorganized mandates were strict and didn’t allow much time for change. “President Gerald Ford signed the Education for All Handicapped Children Act (EAHCA) into law in 1975. Since the original passage of the EAHCA, the law has been amended four times and renamed the Individuals with Disabilities Education Act (IDEA)” (Conroy, Yell, Katsiyannis, & Collins, 2010, para.1).
For most of our nation's history, children with special needs or disabilities were shunted aside. In spite of mandated education laws that had been in place since 1918, many students were denied education and
The importance of education for all children, especially for those with disability and with limited social and economic opportunities, is indisputable. Indeed, the special education system allowed children with disability increased access to public education. Apart from that, the special education system has provided for them an effective framework for their education, and for the institutions involved to identify children with disability sooner. In turn, this promotes greater inclusion of children with disability alongside their nondisabled peers. In spite of these advances however, many obstacles remain, including delays in providing services for children with disability, as well as regulatory and
For years children with special needs were ushered off to separate classes and schools. Children with special needs have the right to attend classes with their same aged peers in the same classroom with support. Students with special needs deserve the same opportunities they would have if circumstances were different. Inclusion gives those students with special needs the chance to be part of the community; able to form relationships outside of the family unit. All students benefit from inclusion; students with disabilities develop social skills and develop friendships while non-disabled students learn tolerance and acceptance.
According to the Individuals with Disabilities Education Act, students with disabilities should be placed in a “least restrictive environment.” One of the main ideas of this act was to improve the learning experiences of students with disabilities by giving them learning opportunities outside of a special education classroom. The number of students with disabilities being placed in their general education classrooms is increasing more and more each year. The U.S Department of Education’s 27th annual report to Congress on the implementation of The Individuals with Disabilities Education Act (2005) indicates that the number of students with disabilities in general education classrooms has risen to almost 50 percent. This is about a 17 percent increase from the 1997 U.S
For thousands of years individuals with exceptionalities have been present in all parts of society across the world, especially those with physical or sensory characteristics. However, the way that these individuals have been viewed has changed dramatically. Originally these individuals were seen as ‘imbeciles,’ ‘worthless,’ and ‘a burden on society’ and were often shut away from ‘normal’ society or simply left to die or abandoned to institutions. Society has, however, created a positive change and started to exhibit a more humanitarian view and protective nature and developed a concern for the welfare of individuals with exceptionalities. The steadily changing view of society has paved the way to where today these individuals are now considered a part of an all-inclusive society where every citizen has value, merit and is capable of making a contribution to society.