Special Education Reform

The special education programs in the United States have been designed to help children with special needs learn easier and fit in better with the education program. Unfortunately, many minority students get caught up in the mix and don’t get the proper attention they deserve. Furthermore, minority students are seriously over-represented in the educational programs. Many minority students are misdiagnosed and put into special education programs when in fact; they do not have a learning disability. This has become a growing problem in this country because it is seen as the easy way out. Schools all over the U.S. are doing this in order to not have to properly test and evaluate students for learning problems.

The amount of people who live with disabilities is a controversial number. Depending on what law and diagnostic tools used, a person may have a visible disability, or one that may lie beneath the surface of his or her appearance. Some people believe that the term “disability” is merely a label use to hold back, or prescribe helplessness. Meanwhile, individuals who have been properly diagnosed with disabilities struggle to maintain respect and acceptance every day. In plain language, there is a lot of misunderstanding between people with disabilities and those without. It is firstly important to get everyone on the same page regarding the definition of disability.

During the early years of implementation of IDEA, schools and agencies made mistakes when determining who to serve through special education. “Sometimes schools placed students in special education based on a single test, administered and placed students using tests that were not reliable or valid, or used tests that were discriminatory” (Yell, 2016, p. 58). A procedure for a clear, accurate, and nondiscriminatory helps to ensure that schools do not repeat these early mistakes.

Special education is a relatively new concept in education. The question is why? Although, the Federal Government required all children to attend school since 1918, this did not apply to students with disabilities. Many state laws gave school districts the ability to deny access to individuals they deem “uneducable.” The term “uneducable” varied from state to state, school to school, and even individual to individual. If students were accepted into the school, they were placed in regular classrooms with their peers with no support or in classrooms that were not appropriate to meet their needs. This started to change with the Civil Rights Movement in the 1950s and 1960s. The lawsuit Brown vs the Board of Education sued to end segregation of public schools laid the ground work for Individuals with Disabilities Act. The next major impact in education was the enactment of Elementary and Secondary Act signed into effect by President Lyndon Johnson in 1965. The purpose of this law was to provide fair and equal access to education for all, established higher standards, and mandated funds for professional development, resources for support education programs, and parent involvement. Under this law, programs like Head Start were created and celebrated their 50th anniversary this year. Despite additional federal funds and mandatory laws, children with disabilities were unserved or underserved by public school due to loop holes with in the law. Many more lawsuit followed Brown vs

The problem of disproportionate numbers of minority students in special education can be attributed to a report by Lloyd Dunn in 1968 (as cited in Skiba et al., 2008) even though discrimination was evident long before that in America. The phenomenon of disproportionality as it relates to students from minority backgrounds being placed in special education refers to the percentage of students receiving services being a higher rate than is expected or that differs significantly from other races. Skiba et al. (2008) discuss the history of various aspects of the civil rights movement as they pertain to the issue of disproportionality of students from minority backgrounds in special education, the measurement tools used to determine the need for special education, the current status of disproportionality, and what factors have contributed to the discrepancies in numbers. Finally, recommendations are offered by the authors on how the existence of disproportionality of students from a minority background can be rectified.

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 Act (IDEA) of 2004 has several different procedure and document that are to be followed when assessing individuals for a special education program. In Guiberson's (2009) research he suggests that some educators may be unprepared to work with diverse student populations. In a 200 participant survey of speech pathologist a study found that a third of the participants did not have sufficient training in multicultural issues (Guiberson, 2009). Studies have shown that students that learn in educational environment that reflect their cultural background tend to achieve more academically, which make multicultural instruction important in school with diverse populations (Ornstein & Levine, 2007). Guiberson's

The Education system in America has had a lot of improvement over the years. Given

Harry, B., & Klingner, J. K. (2006). Why are so many minority students in special education?: Understanding Race & Disability in Schools. New York, NY: Teachers College Press.

IDEA mandates are paramount in the daily operation of schools. IDEA outlines thirteen eligibility areas to which a child can be referred to Special Education. When a student is eligible for Special Education services they are required to receive a Free and Appropriate Public Education (FAPE) in the Least Restrictive Environment. It is because of this law that I am employed in my current position in our district. The poor ratings of surrounding school districts and the high ratings of our district has caused a fast increase of students enrollment in both general education and special education. Our district was beginning to see a major problem in placement of special education students. Students were placed in either general education classes, resource for academic assistance, or life skills. Our district was seeing

Disproportionate identification of minority students in special education is a major concern in schools today. This paper describes the issues in the assessment process with minority students and how we have arrived at a situation where minorities are being misdiagnosed into special education programs. Additionally, several legal cases are mentioned which show numerous actions and rulings that have tried to correct the disproportionate identification in special education. Some of the legal cases discussed include Larry P. v Riles, Diana v. State Board of Education, and Guadalupe v. Tempe Elementary School, which all significantly impacted special education today. Additionally, the Individual with Disabilities Education Act has enforced

There are millions of children that are passing through the United States school system every day, not all children possess the same traits, and not all children can learn at the same rate, and do not perform at the same ability. The fact that all children learn differently and some have difficulties learning in general classrooms, special education was put into place to try and take care of these issues. Special education programs were put into place to help all students with disabilities. These children range from general disabilities to more complex and severe disabilities. There has been a revolution occurring in the past several years with education systems, and special education. There have now been several laws that have been

Special Education is a topic of controversy with many advocates fighting for the justice children and adults with special needs so rightfully deserve. With laws being passed and modified so frequently, it is important that the educators being brought into the world have an extensive knowledge of the developmental needs of many different types of children. With this knowledge and their constant measures to keep up to date with the fast-moving world of education, they will be able to deliver an appropriate atmosphere that is in accordance with the law that ensures ethical practices and guidelines are always being followed.

Special education has faced many changes during the last century. During this time there have been many opinions on the way students with differences should be taught and treated. This paper will discuss the history of special education during the twentieth century. We will also discuss the laws associated with Individuals with Disabilities Education Act (IDEA). Finally we will discuss the current and future challenges that the laws have on special education.

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