Our School Doesnt Offer Inclusion and Other Legal Blunders

1
Our School Doesnt Offer Inclusionand Other
Legal Blunders

• Paula Kluth,Richard A.Villa, and Jacqueline
  Thousand

2
Changes in Education

• Education for All Handicapped Children Act
• -Guaranteed that all students w/disabilities
  would receive a
• public education
• 1975 changed in 1997 to.
• Individuals w/ Disabilities Education Act
• -inclusive schooling, ruling that every child is
  eligible to receive a free and
  appropriate education and to learn in the
  least restrictive environment possible.

3
Policy Guidelines

• Schools districts cannot use the lack of adequate
  resources as an excuse for failing to make a free
  and appropriate education available, in the least
  restrictive environment, to students
  w/disabilities.
• There is still a fight for for inclusion although
  there has been a slight change from 1977 to 1990.
• It has been found that officials arent enforcing
  the policy and they have been moving the children
  to different districts or segregated classrooms.
• Although the law has been in effect for several
  years educators and administrators still dont
  know how to implement it.

4
Our School Doesnt Offer Inclusion

• There are some schools who claim to not have
  inclusion. They say that they have tried it but
  it didnt work.
• Special education is not a program or a place,
  and inclusive schooling is not policy that
  schools can outright dismiss.
• A student with a disability should be educated in
  the school he/she would attend of not identified
  as having a disability.

5
She Is Too Disabled to be Educated in a Regular
Classroom

• Many teachers and families have the common
  misperception that students with disabilities
  cannot receive an inclusive education because
  their skills aren't close enough to those
  students w/o disabilities.
• Students with disabilities, however, do not need
  keep up with students w/o disabilities to be
  educated in inclusive classrooms they do not
  need to engage in the curriculum in same way that
  disabilities do and they do not need to practice
  the same skills that students w/o disabilities
  practice.

6
Supports, Aid and Services

• Assistive technology
• Education consultant
• Therapist
• Peer tutors
• Different seating
• Modified assignments
• Adapted materials
• Environmental support
• Paraprofessional support

• Curriculum has been modified to meet the needs
  of the learner.
• Schools do not need to provide every support
  available, but they must provide those required
  by the student with disabilities.

7
Court Case

• Families do not prove to the school that a
  student w/disabilities can function in the
  general classroom.
• In Oberti v. Board of Education of the Borough of
  Clementon School District, a U.S. circuit
  determined that the neighborhood school of Raphel
  Oberti, a student with Downs syndrome, had not
  supplied him with the supports and resources he
  needed to be successful in an inclusive room.
• The judge also ruled that the school had failed
  to provide appropriate training for his educators
  and support staff. The court place d the burden
  of proof for compliance with the laws inclusion
  requirements squarely on the school district and
  the state instead of on the family.
• The federal judge decided, Inclusion is a right,
  not a special privilege for a select few.

8
We Offer Special Programs Instead of Inclusion

• Autistic Center- explain
• Separate programs and classrooms exist for
  students identified with certain labels.
• School districts that automatically place
  students in a predetermined type of school solely
  on the basis of their disability or perceived
  level of functioning rather than on the basis of
  their education needs clearly violate federal
  laws.

9
Benefits of Understanding the Law

• Reviewing the intent and language of the
  Individuals w/ Disabilities Education act will
  help administrators shape district wide or
  school-based policies and procedures evaluate
  the ways in which programs are labeled and
  implemented and make more informed decisions
  about student assessment placement, and service
  delivery.
• Page 462 questions
• School district leaders and school principals
  who understand the federal law can avoid
  lawsuits, enhance education experiences for
  students w/ and w/o disabilities, and move toward
  the development of school communities that are
  egalitarian, just and democratic for all.

10
Questions??

• How effective is half day regular instruction and
  half secluded special education?
• With so many problems in education today, how
  could the responsibilities of teachers be doubled
  without really fixing the problem?
• Have you thought about starting to change the
  curriculum for become a teacher so that they can
  be educated on how to teach all types of student?