1. CHAPTER ONE
Special Education in an Era of Inclusion and Standards
by Jenifer York
Wednesday, June 9, 2010

2. Teaching is a complicated art. It is an interplay between individuals where an idea or skill is shared. It is a
delicate process involving timing, encouragement, sharing, and molding. The teacher may model, give
information, and provide feedback, but mastery is ultimately in the hands of the learner. Patience is needed as
is the employment of various skills in the journey of shaping new abilities and ideas.
Wednesday, June 9, 2010

3. CRITICAL LEGISLATURE
PL 94-142 Education for All The central goal of this law
Handicapped Children Act was to provide an
(EHA) appropriate education for
students with disabilities that
It initiated funding for states up to this point had not had a
to aid in “development, change at this kind of
expansion, and improvement education.
of special education
This law ensured the rights of
programs” (Palloway, Patton,
all children with disabilities.
& Serna, 2007).
It laid the groundwork for
IDEA 2004
Wednesday, June 9, 2010

4. CRITICAL LEGISLATURE CONT.
Individuals with Disabilities An evaluation prior to receiving
special ed. services must be
conducted. The evaluation must have
Education Act (IDEA 2004) parent consent, be evaluated by a
team, use more than one procedure,
This law has historically gone test in the student’s native language,
through four reauthorizations and and should have re-evaluations as
necessary.
revisions.
Individualize Education Program (IEP)
IDEA carries great significance for
This is to establish specific,
special education today, and lays measurable goals for the learner,
six provisions for all children with dependent upon the student’s
disabilities: present level of performance. It must
also include transition planning for
Free and Appropriate Public Education all students age 14 and older.
(FAPE)
This is also to address how much and
The school is to provide services and to what extent the student will be
transportation to meet the student’s participating in the general
needs, and if not available at the curriculum.
school, it must provide funding to
receive those services elsewhere.
Appropriate Evaluation
Wednesday, June 9, 2010

5. CRITICAL LEGISLATURE CONT.
Individuals with Parents have the right to obtain an
Independent Education Evaluation
(IEE) if any disagreement arises.
Disabilities Education Act
Procedural Safeguards
(IDEA 2004) cont.
Various safeguards have been
implemented under IDEA to ensure
Least Restrictive Environment (LRE)
protection of the rights of parents
This is the mandate for all students and their children such as:
to be in the LRE, or the setting/
right to education records, right to
curriculum most similar to the obtain and IEE, the right to request
general curriculum--often times the and the right to initiate civil action
general education classroom. when appealing a final hearing
decision, the need for a functional
Parent and Student Participation in behavioral assessment, and the
Decision Making xdevelopment of behavioral
intervention plans.
Parental consent is required for all
decisions regarding and influencing
the student.
Wednesday, June 9, 2010

6. CRITICAL LEGISLATURE CONT.
Section 504 Americans with Disabilities
“any student who has a physical
Act (ADA)
or mental impairment that
substantially limits one or more The definitions and implications
major life activities can qualify for those with disabilities are
for special services.” similar to that of Section 504
This is in essence, a safety net to It ensure the protection of
guarantee services for all those general civil rights for those with
who do not fall under the criteria disabilities.
to qualify for the special
education protection provided by Under this legislature, guidelines
IDEA, but still require additional are established for employment,
support to succeed. public accommodation,
transportation, state and local
government operations, and
telecommunications systems
Wednesday, June 9, 2010

7. CRITICAL LEGISLATURE CONT.
No Child Left Behind Act Parents may move their children
from a failing school or choose to
obtain supplemental services from a
(NCLB) private or public provider.
This law is the most recent piece Greater Flexibility to states, school
districts, and schools
of a national, standards based
movement. Passed in 2001, it Greater flexility in spending federal
money received.
made provisions for:
Putting Reading First
Increased Accountability
A strong emphasis on scientifically
Schools are measured through
based strategies for teaching
statewide testing to assess if the
reading paired with lofty goals for
established academics standards
literacy.
have been met in the Annual Yearly
Progress (AYP) measurement. Highly Qualified Teachers
Participation of ALL students
including those with disabilities, is Firmer requirements on
required to ensure equal attention qualifications for educators.
in the educational setting.
Parent and student choice
Wednesday, June 9, 2010

8. KEY ELEMENTS IN
SCHOOLS TODAY
Standards-Based Education Student Accountability
Under the current situation and Under the legislation of NCLB, all
the historical movement, students are required to take the
instruction is centered around standardized test, including those
specific standards set for the with disabilities. A small percent
various grade levels. of students with severe disabilities
will be allowed to take an
There are two types of standards
alternative assessment. An
Content Standards: exception is made for a VERY
“knowledge, skills, and understanding
small percentage of students with
that students should attain in severe disabilities who may be
academic subjects excused from the testing.
Performance Standards:
“levels of achievement that students
must meet to demonstrate their
proficiency in the subjects”
(Palloway, Patton, & Serna, 2007).
Wednesday, June 9, 2010

9. KEY ELEMENTS IN
SCHOOLS TODAY
Inclusion Response to Intervention
“the most constant theme in special (RTI)
education has been the commitment RTI is a three tiered intervention
to providing persons with strategy, in which each tier provides
disabilities the opportunity to have a different intensity of intervention
a place in society” (Palloway, Patton, & to fit the support needed for an
Serna, 2007)
individual.
There is a strong push in special
It uses evidence-based intervention
education for students with
to and systematic documentation to
disabilities to be included as much
bring general education instruction
as possible into the general
to the highest quality.
education setting, as is aligned with
the LRE mandate. However, It serves to put more responsibility
inclusion is beyond a seat in a into the hands of the gen. ed.
classroom and includes proper teachers.
challenge for the individual, as well
as a sense of belonging. It can be very helpful for identifying
possible Learning Disabilities.
Wednesday, June 9, 2010

10. KEY ELEMENTS IN
SCHOOLS TODAY
Universal Design for Learning Differentiated Instruction
(UDL) Differentiated instruction involves
UDL is the development and tailoring instruction to meet the
implementation of curricula with needs of various learners in the
supports from the start. It is a classroom. UDL plays a part in this,
proactive and discreet way to make but differentiated instruction also
the classroom a welcoming learning involves teaching to different
environment for all learners. learning styles, strengths and
weaknesses, and many other factors
UDL should address: that can change the way a student
experiences the classroom.
Recognition System: reception and
interpretation of sensory input
Strategic System: ability to plan and take
action
Affective System: an individual’s motivation
Wednesday, June 9, 2010

11. KEY ELEMENTS IN
SCHOOLS TODAY
Evidence Based Practices Diversity Consideration
This is the requirement to use Today’s classrooms carry an array of
evidence based practices in the students, with backgrounds differing
classroom. in areas of: culture, behavior, race
and ethnicity, setting, language,
Overall, it will make teachers better socioeconomic status, sexual
teachers and puts some backing to orientation, intellectual or cognitive
the methods of the classroom. ability, physically, and possibly in
It is a effort to ensure that time is not sensory ways. Under Diversity
wasted in the classroom on Consideration, the classroom is
meaningless or inefficient strategies aware of and equipped to teach to the
and to ensure the best opportunity various backgrounds students may
for learners, come from. The curriculum should
be acceptable and look out for the
interests of all students, regardless of
differences. This may require the the
teacher learn specific skills to
address these differences.
Wednesday, June 9, 2010

12. BIBLIOGRAPHY
Pol l oway, E dward, Patton, James, & Serna, Loretta. ( 2007) .
Strategi es for teachi ng l earners w i th speci al needs .
Prenti ce H al l .
Wednesday, June 9, 2010