Special Education
History of Special Education
Disabled students were not entitled to public
education.
1893 – Watson v. City of Cambridge –
Massachusetts court ruled that student
misbehavior resulting from imbecility was
grounds for expulsion
1919 – Beattie v. Board of Education – a
Wisconsin court ruled that a handicapped student
could be excluded from regular public school
classes because his handicap had “a depressing
and nauseating effect on the teachers and school
children.”
Hartford, Connecticut established the
American Asylum for the Education of the
Deaf and Dumb.
New York established the Institution for the
Education of the Deaf and Dumb.
Educational opportunities of special needs
students was limited.
1910 – White House Conference on
Children – primary goal was to establish a
remedial program for special needs
children.
1954 – Brown v. Board of Education – addressed the issue
of “separate but equal” as it pertained to racial minorities.
It served as the guiding precedent for Pennsylvania
Association of Retarded Citizens v. Pennsylvania.
1970 – Education of the Handicapped Act – Congress
passed legislation that recognized the educational
entitlements of special needs children.
1972 – Benchmark decision – Pennsylvania Association of
Retarded Citizens v. Pennsylvania (PARC) – required that
a free education be provided to all mentally retarded
children between the ages of 6 and 21.
1972 – Mills v. Board of Education – It extended the rights
from all mentally retarded students to all disabled students.
Procedural Safeguards were outlined: the right to a
hearing, the right to appeal, and the right to access personal
records.
1970’s – Americans with Disabilities Act and Section 504
of the Rehabilitation Act created – these acts prohibited
discrimination against disabled persons and required
employers to make reasonable accommodations if the
person is qualified.
1975 – Public Law (P.L. 94-142) passed. – Mandated
children with suspected disabilities must have access to
non-discriminatory testing and placement in the least
restrictive environment.
1986 – Public Law (P.L. 99-457) mandated. – All states
provide programs for disabled children beginning at birth.
1990 – Public Law (P.L. 101-476) passed. –
Changed the name of the current disability
legislation from Education for All
Handicapped Children Act to Individuals
with Disabilities Education Act.
1997 – Public Law (P.L. 105-17) amended
– children with disabilities are to be full
participants in school programming and that
“special education” is a service and not a
place.
Major Principles of IDEA
Child Find
States are required to locate, identify and evaluate
disabled children from birth to age 21.
Children must be found, but how?
Confidentiality of Information
Parents should remain in contact with the school
district.
Children’s records are important for
parents/guardians.
Disability Categories
Disabled students are protected by IDEA.
Some don’t qualify, why?
Change of Placement Due to Behavior
What rules apply to behavior for special
education students?
Does change in placement alter services for
students?
Manifestation Determination
To determine if a child’s behavior is related to
his/her disability the district conducts a
manifestation determination hearing.
1988 – Honig v. Doe – manifestation
determination upheld.
Behavior Intervention Plans
Children that receive special education services
are required to behave in an appropriate manner.
At times a Behavior Intervention Plan (BIP) is
required to hold special education students
accountable for their actions.
•Procedural Due Process
Procedural guidelines have been established to
ensure IDEA compliance
Informing the person of the allegations against
them
The opportunity for the accused to present a
defense
A fair, unbiased hearing
Free and Appropriate Public Education
IDEA requires that services delivered to special
education students must be provided at public
expense
Districts are allowed to charge for incidentals
Special education services must be under public
supervision
Referral and Placement
Referral Process
School districts use free hearing and vision tests,
letters to the community, preschool programs,
advertisements, surveys, etc. to locate students
who qualify for IDEA status. Students who are
believed to be in need of services may be referred
for evaluation by any person, including a
parent/guardian, teachers, staff member, or even
persons outside the school system.
Referral and Placement for Special Education
Referral Initiated
Explanation of Procedural Safeguards
Notice of Assessment
Consent for Assessment
Comprehensive Assessment Needed
Notice Of IEP
IEP Meeting
Consent for Initial Placement
Initiation of Services
Annual IEP Review
Three-Year Reassessment
Procedural Safeguards
School districts must obtain parental permission to
test a child with suspected disabilities
Should the parents not consent to testing,
schools may petition the courts for the
necessary consent
In the course of obtaining parental permission
to test, school districts are required to provide
parents/guardians with procedural safeguards
Identification and Evaluation
Evaluation of special needs child must be
“full and individual”
All areas of suspected disability
Variety of sources
Individualized Education Plans
Individualized education programs (IEP) are the
cornerstone of IDEA. It is from these documents
that parents, students, and school districts come to
consensus on the educational placement and
services. When an IEP is constructed in a logical
manner, the outcome is a document designed to
meet the needs to the child.
Yearly Evaluation
Districts are required to hold an IEP meeting for individual
students at least once a calendar year.
IEP teams are required to meet as frequently as necessary
to assure the needs of the student are being met.
IEP meetings should include a special education and a
regular education representative, an administrator, an
assessment professional, parent or guardian, additional
support staff (Speech pathologist, Occupational therapist,
etc) , student (if appropriate), and other other persons as
appropriate (lawyers, advocates, etc.).
Related Issues
Placement in Private Schools
Public schools are required to provide a free and
appropriate education (FAPE) to all qualifying
students.
If a school district is unable to provide FAPE, and a
private institution is able to provide the necessary
services, the school district maintains responsibility
for the services the student receives and is required
to pay the educational costs necessary for the child
to attend the private school.
If parents place their children in private schools,
they are required to pay the tuition and other
educational costs.
Least Restrictive Environment
Least restrictive environment (LRE) is the intent
to guarantee that handicapped children be
educated with non-handicapped children to the
maximum extent appropriate.
In looking at each student, it is the IEP team’s
responsibility to determine which classroom style
and services combine to create the least restrictive
environment for each individual student.
Zero Reject
All children are entitled to a free and appropriate
education regardless of the severity of their
disability.
The concept of zero reject is based on the PARC
ruling that “education” is more than academics,
and therefore even the most severely disabled
students are able to benefit from appropriately
designed education.