Chapter 2: History and Litigation
Chapter 2: History and Litigation EDUC230010
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Date Created: 09/23/15
History amp Evolution of Special Ed quotBig Ideasquot 1799 Victor quotThe Wild Boy of Averonquot 0 showed that intensive treatment can produce learning 0 ltard considered the father of special education 1848 Seguin 0 established the rs training school for students with disabilties 1905 Binet and Simon 0 established a test to screen students that weren t bene ting from the regular cirriculum EarlyMid 20th Century Eugenics Movement 0 quotcleansing the gene poolquot extreme use of institutionalization sterilization extreme example Nazis WWII also resulted in more knowledge on brain injury care unanticipated bene ts Cold War 0 created interest in students with special gifts talents o wanted to compete with the Soviets 19805 Deinstitutionalization 0 special ed came under scrutiny because there were so many young adults with disabilities not working End of 20th Century 0 better diagnostics better practices 0 more evidence researchbased practice let Century 0 improving all the time 0 O O Segregation of Persons with Disabilities Custodial care doing basicminimal daily care residential institutions became warehouses for persons with disabilities eugenics evolution of special ed quotmirrorsquot the civil rights movement 0 many important court cases in 605 and 705 0 up until 1975 schools could ban kids based on disabilities Historical Segregation of Person with Disabilities Willowbrook Custodial Care clean fed clothed Residential institutions became warehouses for persons with disabilities because the Eugenics movement was popular 0 Evolution of Special Education quotmirrorsquot the Civil Rights movements 0 Many important court cases in 60s and 705 0 Prior to 1975 school districts could legally exclude kids with disabilities after 1975 you have to enroll every kid After World War II 0 Rapid expansion of special education 0 From 1947 to 1972 students receiving special education increased by 716 compared to an 82 increase in school enrollment Law Cases Brown vs Board of Education 1954 o Challenged practice of segregating students by race 0 US Supreme court ruled that education be available to all students on equal terms Hobson vs Hansen 1967 o The court declared the tracking system in which students were tracked according to IQ scores to be unconstitutional as it discriminated against African American children and children from poverty backgrounds Mills vs Board of Education DC 1972 o 7 students with learning and behavior problems had been excluded form school district stated it did not have enough money to serve them court ruled that money problems cannot have a greater impact on students With special needs than mainstream students Historically money problems with schools have impacted students with disabilities greater than students without disabilities PARC vs Commonwealth of Pennsylvania 1972 Argued that intellectual disabilities did not make it rationalnecessary to assume students are untrainable 0 14th amendment equal protection under the law 0 Established that FAPE free and appropriate education for kids With disabilities particularly those students with ID Ruling is really that all kids can be educated and this case ended the use of minimal entry requirements for school Wyatt vs Stickney 1972 0 Court ruled that persons in institutions have the right to appropriate treatments while there 0 This case introduced the notion of individualized treatment plans forperson in institutions the beginning of the EP Individuals with Disabilities Education Act of 1975 o Affected every school in this country 0 All children with disabilities receive a free and appropriate public education regardless of the type of severity of disability Stuart vs Nappi 1978 0 high school student with disabilities wasn t attending classes 0 school tried to expel her for her behavior 0 court rules explosion would deny student her free and appropriate public education FAPE Larry P vs Riles California 1979 ruled that IQ tests can t be the sole determinate for special ed placements Armstrong vs Kline 1979 claimed their children regressed during long school breaks 0 courts approved the start of extended school year ESY Board of Education of Hendric Hudson Central School District vs Rowley 1982 0 rst case challenging IDEA that reached the Supreme Court 0 court upheld that each child deserves a personalized program of instruction AND all necessary supportive services 0 RELATED SERVICES Abrahamson vs Hershman 1983 o court ruled that residential placement in a private school was necessary for a child with multiple disabilities if they need around the clock training and assistance 0 levels 67 0 required the school district to pay for private placement 0 financial burden Department of Education vs Katherine 1984 o court ruled that homebound instructional program did not meet the LRE standard 0 required the child to be placed in a traditional classroom provided with related medical services Honig vs Doe 1988 court ruled that children with disabilities cannot be excluded from school for misbeha viors related to their disability 0 if the misbehavior is not related to the disability they MAY be excluded 0 quotmanifestation determination meetingsquot Timothy W vs Rochester School District 1988 o US appeals court upheld FAPE Without exception literal interpretation 0 overturned a decision by a lower court local school district was no obligated to educate a child with severe disabilities because he could not bene t from special ed Cedar Rapids vs Garrett F 1999 o supreme court ruled that local school district must pay for one onone nursing care for a student who is medicaly fragile reinforced the 1984 Tatro Decision all schools must provide any and all health services a child may meed in order to attend school Olmstead Decision 1999 court mandated that people with disabilities must be moved OUT OF INSTITUTIONS and INTO LRE waiting lists must be reduced No Child Left Behind 2001 0 mandated that by 2014 all children will be pro cient in all subject matter 0 students expected to make yearly progress towards their goal 0 requires all teachers to be quothighly qualifiedquot 0 use evidencebased techniques in the classroom Shaeffer vs Weast 2005 0 test of the burden of proof for what constitutes appropriate educann makes it the parent s responsibility to present burden of proof 0 used to be the school s responsibility Important Legislation both prohibit discrimination based on disability protect quototherwise qualified individuals require reasonable accommodations Section 504 0 different funding stream 0 not directly IDEA money comes from Vocational Rehabilitation Act 0 applies to those receiving federal funds Americans with Disabilities Act 1990 amended in 2008 0 applies to public domains 0 de nes disability as 0 having a physical or mental impairment that substantially limits one or more major life activities 0 having a record of such impairment 0 includes anyone who is regarded as having such impairment facial dis guration 0 addresses issues such as 0 employment 0 public entities restaurants transportation etc 0 public accommodations o telecommunications IDEA Principles 0 Zero reject Nondiscriminatory evaluation 0 Free appropriate education 0 Least restrictive environment 0 Due process 0 Family and student involvement 2004 NEW goal include children with disabilities in the general curriculum and improving results for these children previous goa simply providing access IDEA Principles 6 1 Zero Reject no one turned away ALL have the ability to be educated 2 Non Discriminatory Evaluation 0 Schools have to determine if child has a disability 0 Schools determine proper treatment plan including treatment team 3 Appropriate Education each student gets IEP including special services and the implementation of those services 4 LRE must provide most inclusive environment most bene cial for all students 5 Procedural Due Process schools and parents accountable to each other includes how to handle discrepancies 6 Parent and Student Participation rights of parents and students and schools different procedures and meeting requirements IDEA Film 0 Inclusion teaches kids with special needs but also typical kids acceptance and tolerance 4 Parts of IDEA General provisions Funding Early Intervention National Activities 0 O O O
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