Diversity and Inclusion - Essay Example

? Diversity and Inclusion The purpose of this paper was to examine ways in which disabled children are guaranteed provision of educational services during their formative years in order to maximize their potentials and make a positive contribution to the world at large. The Individuals with Disabilities Education Act of 2004 is the latest comprehensive package which provides not only educational services, but also supportive technology and services to assist children in retaining educational curriculum. In addition to the standard learning disabilities, children with traumatic brain injury, autism and benign mental disorders, and, visual and auditory impairment are now provided services under this legislation. A team of highly qualified professionals partners with the child's parents to monitor progress and assure that quality services are provided for the child. These children are no longer forced to live a life of mediocrity because their needs are met early in life during the cognitive development stage in order to be the most effective remedy for prevention of further disability. Diversity and Inclusion In 1975 President Gerald Ford signed into the Education for All Handicapped Children Law (EAH or EAHCA). This legislation provided a free and adequate public education for handicapped students. They would no longer be subjected to lack of quality education in mediocre milieus or their parents be forced to pay exorbitant fees for private special education. Under this legislation, any school that receives public funding must also provide free and equal access for children with mental and physical handicaps. (LD Online, 2010) I. Summary of EHA/EAHCA1975 The first of six original components of this legislation, also known as FAPE; guaranteed a free, appropriate public education for all children, regardless of their handicaps, from age 6-17. Included in this package is everything the child needs for success in processing information from that education; i.e., speech therapy, occupational therapy, behavior counseling, etc. (LD Online, 2010) The second component provides for nondiscriminatory identification and evaluation of students. Students aren't just labeled as special education student; they are properly evaluated with a series of tests to pinpoint the student's specific areas of need. These tests are administered in the student's primary language, with more than one type of test given for each disability tested. (LD Online, 2010) When the disability has been isolated, then the third component provides for an IEP, an Individualized Education Plan. This is an organized approach to providing targeted special education to meet that student's specific needs. It is formulated with a team of professionals, including the parents; they meet annually to discuss process and areas for improvement. The IEP must contain certain parameters: current level of academic achievement, annual and short term goals, frequent evaluation using objective criteria, the list of special education services and environment required, the extent of mainstreaming with explanations for lack of mainstreaming, the date for commencement of services as well as the estimated duration, and an annual progress report updating achievement of goals. (LD Online, 2010) The fourth component states that children should be educated in the least restrictive environment. This means that for the most part, handicapped children should be with their non-handicapped peers unless special circumstances prohibit it. There are program aides provided to many mainstream classes to assist children with special needs to enable them to remain in the classroom with their peers. Occasionally, behavioral issues require a student to be removed to allow for stabilization, followed by a return to the classroom when the student is able. (LD Online, 2010) The fifth component is one of due process with rights for the parents and child with regards to accountability and fairness. It contains the following provisions: 1) confidentiality regarding both the family and child, 2) open examination of all records, 3) the right to an independent evaluation by an outside professional, 4) a written permission to examine a child for special needs or provide special needs services, 5) the right to a legal hearing with witnesses for disputes in the student's plan of care, and 6) the right of appeal to decisions made for their student. (LD Online, 2010) The final component is the mandate for parents to be included in all aspects of decision making with regards to special education for their child. They must be continually kept informed as to their student's progress and challenges. (LD Online, 2010) II. Summary of Key Ideas A. PL99-457 In 1986 President Ronald Regan signed into law the Education of the Handicapped Act Amendments. It provided mandated early intervention for preschool children ages 3-5, as well as and Early Intervention Program for infants and toddlers with disabilities from ages 0-2 This was due to a recognized need for intervention to begin before formal schooling for handicapped individuals in order to maximize their potential by preparing them for education; it added the component of infants and preschool children to the original law. It also required the need for an individualized family plan (IFSP) for each child served. (AT Law, 2005) B. PL101-476(1990) In 1990, the EHA/EAHCA was renamed to be known as the IDEA; the individuals with disabilities education act. It reaffirmed the provision of services previously included, changing the term "handicapped" to "disabled". It included the provisions from earlier legislation for expansion of services from ages 3-21, with assistive technology to be included in service. It also revitalized the least restrictive environment issue to provide greater inclusion in community schools. Along with IEPs, the students must also have an ITP, an individualized transition plan that delineates plans for vocational training that leads to employment, further educational experiences, and independent living situations. This law also included provision for individuals with traumatic brain injuries and autism to be included in mandated services the same as other disabled students. (Howell, 1998) C. PL105-17(1997) In 1997, President Bill Clinton signed into law important changes for the IDEA. They provided for new ways of allocating funding to ensure assistive technology for disabled students both at home and in school, making consideration of such devices a requirement on the IEP. This legislation also expanded services to include services to visually impaired students, with the provision of mobility and orientation services. It effected changes in the evaluation and re-evaluation process. It included more definition and structure to the least restrictive environment issue that would mandate disabled students to remain in the classroom under the general curriculum with their peers, except when at danger to themselves or others; classroom assistance would be individually provided. (AT Law, 2005) D. PL108-446 (2004) In 2004, President George Bush signed an amendment that produced significant changes to the IDEA. Most of those changes were aimed at bringing it to be more closely aligned with the No Child Left Behind (NCLB) legislation, guaranteeing progress through the educational system at whatever cost for all students, regardless of abilities or disabilities. IEPs were relaxed to span three year contracts, with provisions for change as necessary. The ITPs included therein were expanded to include inter-agency participation. There is also provision for transition from early childhood to formal education. Under the due process section, parents will be given information regarding their rights at the beginning under the referral process, there is a statue of limitations on filing a complaint limited to 2 years, as well as a chain of command complaint process with definite timelines. Prior to filing a formal complaint, parents are required to seek resolution from within the system starting at the bottom of the chain of command; hearing officers must have distinct qualifications, and attorneys for the parents must pay for state attorneys in the case of frivolous litigation. The new changes also involve disciplinary changes. A student who has been removed from class due to weapons, drugs, or dangerous behavior, has the right to stay in that class until an appeal is determined by the courts; receiving the same services as before. It is no longer differentiated as to the difference between whether the disability caused the behavior or not; the parents will have to challenge the system to prove otherwise. The schools no longer have to prove whether they tried alternative methods to deal with the behavior, although the student is entitled to the same services in the alternative location, which cannot last for more than 45 days. Schools must include a Functional Behavioral Assessment and include that information in the IEP, along with a Behavioral Intervention Plan. However, the schools are also allowed to consider each case individually as to plan of action for discipline of a student. (FAPE 2004) “The journey from referral to assessment to the development of an IEP and eventual placement in the most appropriate environment is a comprehensive process incorporating many different phases” (Gargiulo, 59, 2006). III. The Mandated Sequential Order of the Referral Process for IDEA 1.The child is identified as possibly needing special education and related services. This is done through Child Find. Either parents or educators may make a recommendation that a child be evaluated. It requires a parent's signature and there is usually a specified time frame for the initial contact. 2. The child is evaluated relevant to suspected disability. If parents disagree with the evaluation, they have a right to conduct an independent educational evaluation; they can petition the school to pay for that IEE. 3. The parents and a team of qualified professionals together decide the child's eligibility; if there is a dispute, the parents may ask for a hearing. 4. The child is found to be eligible for services; the IEP team has 30 days to meet to decide on an action plan. 5. The IEP meeting is scheduled; all professionals, the parents, interested parties must be notified of the time, date, and place of the meeting, arranging it to accommodate the greatest number of interested people. 6. The IEP meeting is held and the IEP is written. The IEP team, parents, and student must go over the plan and agree. If there are disagreements, the parents should try to resolve with the team; if not, then mediation is the next step. If that does not produce positive results, then a formal complaint must be filed so a hearing can be scheduled. The parents must sign the IEP. 7. The child begins to receive services based on the IEP. That includes any special technology, equipment, or modifications that are necessary for the child. 8. The child's progress is measured and provided to the parents with reports issued not less than non-disabled children's reporting. The reports must also indicate the degree to which the child is meeting the prescribed annual goals. 9. The child's IEP is reviewed as often as necessary, but at least annually. The IEP team and parents, together, must agree on any changes or improvements necessary. If there is no agreement, then the due process is applied as initially. 10. The child is re-evaluated every three years or as necessary. Parents or teachers can petition for re-evaluation based on observed changes in the child. The process restarts at step 2. IV. Expanded Intervention Concepts 1. Pre-referral Intervention. When a professional suspects a child may have a disability, they must attempt to resolve the issue without involving the special needs team. Sometimes just talking with the child and parents provides insight in to the situation allowing them to get alternative relief. If at least two alternative approaches for instruction in the regular classroom do not impact the situation, then the child may be referred for a special needs evaluation. (LD Online, 2004) 2. Multi-disciplinary Teams A group of professionals who come together for the sole benefit of determining the best way to help the child overcome their disabilities is called a multidisciplinary team These people represent every area of learning, audio, visual, kinetic, cognitive, and social. They evaluate the child based on standardized assessments, and informal interviews to find areas of weakness that prohibit the child from learning. The parents are also a part of this team. Because it uses a group approach, much insight is gained into the child's condition. The team makes recommendations for the child based on their findings, and agrees to draft an IEP specific for meeting the child's needs. (LD Online, 2004) 3. Norm Referenced and Criterion Referenced Tests Norm referenced testing refers to standardized tests where a child is tested to see where his performance stands among a group of peers. Criterion referenced testing is the type of testing where a child's results either meet or do not meet a certain previously decided upon set of standards of criterion. These are the two different categories of tests children are given to determine whether they are actual candidates for special needs services. It isn't enough for a child to not do well on norm referenced testing; he or she must also meet certain other prescribed criterion before a recommendation can be made. (LD Online, 2004) 4. Individualized Education Plan The IEP is a document written by the multi-disciplinary team following the initial evaluation of a child found to have special needs. It references the child's strengths, the results of the evaluation, norm and criterion testing results, and takes into account the parents' input as to what they feel the child would benefit from. It lists specific goals and a timeframe for meeting those goals and describes the extent to which the child can be mainstreamed and participate in group activities with his or her peers for both curricular and extra-curricular activities. It also delineates the degree to which the child can participate in the general curriculum. It also references special needs related to behavior, L1 vs. L2, visual impairment, and communication disorders. (LD Online, 2004) 5. Cascade Service Delivery Options Service delivery options for special needs children are organized into five large categories: 1) pull -out, 2) classroom-based, 3) self-contained, 4) community-based, and indirect services. In the pull-out service delivery option, the child is removed from the classroom for services away from the classroom; it is the most restrictive delivery option. The classroom-based service delivery option is where the child stays in their classroom and receives integrated services incorporated in the curriculum; this is the most natural for the child. The self-contained service delivery option is where the child actually attends a special needs class where the teacher who teaches the curriculum also provides the special services the child needs; this is the common method for skills labs. In the community-based service delivery option, the professional provides services to the child at home or in a community setting; this is often used for transitioning a student for employment training. The indirect service delivery option requires the services of a consulting professional who is actively involved in directing the service options for the child; they collaborate with other professionals but do not actually perform the services. (LD Online 2004) In today’s world, the need for special services for children is even more important than ever before. More children are born yearly with disabilities as a result of the drug culture, pre-natal accidents, and socioethnic factors involving their families of origin. Everyone has the right to receive an education that will help them master their surrounding environment and allow them to make a contribution to the world at large. Now, early detection and intervention of disabilities will allow a child to receive the help needed in order to overcome them and prepare for cognitive development during the formal education period. The success of this process is based on the awareness of caretakers and early learning professionals involved with the children. When we help them, we also help ourselves, our communities, and the world at large. Disabilities don’t have to prevent people from living out their lives and contributing to society; early detection and intervention is essential. Bibliography AT Laws. Special Education Laws. 1986 Amendments (PL99-457) Preschool and Infant/ Toddler Programs. Assistive Technology Training Project. 2005.Web.March 19, 2011. http://www.atto.buffalo.edu/registered/ATBasics/Foundation/Laws/specialed.php FAPE. IDEA 2004 Summary. Pacer Center. 2004. Web. March 19, 2011. http://www.fape.org/idea/2004/summary.htm Gargiulo, R. Special education in contemporary society: an introduction to exceptionality. Thompson Wadsworth. Belmont, CA. 2006. pp.59 Howell, A. Law and Exceptional Students. unc.edu. October 6,1998. Web. March 19,2011. http://www.unc.edu/~ahowell/exceplaw.html Kupper, L, NICHCY. My Child's Special Needs: A Guide to the Individualized Education Program. US Department of Education. Ed.Gov. 2000. Web. March 19, 2011. http://www2.ed.gov/parents/needs/speced/iepguide/index.html#preface LD Online. IDEA 2004. WETA. 2010. Web. March 19, 2011. http://www.ldonline.org/features/idea2004 Read More