Exceptional Children

1
Exceptional Children Youth

• Overview
• History
• Litigation Legislation

2
History

• Before 1800 misunderstanding superstition
• Roman fools
• Demonology
• 16th century Spanish monk, Pedro de Leon (deaf)
• 17th century Juan Bonet develops fingerspelling
• 1760 Abbe de lEpee opens school for the deaf in
  Paris
• 1784 Valentin Huay opens school for the blind in
  Paris
• 1798 Jean Marc Gaspard Itard, - mental impairment
  The Wild Boy of Aveyron

3
History

• 1800 1900, The Era of Institutions
• for the blind in France, Scotland England
• for the deaf in France, Germany, Scotland
  England
• 1831 first program for the mentally retarded in
  France
• New York, Cleveland and Providence attempt
  classes for problem children
• 1898 Alexander Graham Bell suggest to the NEA
  that an that an annex to public schools be
  formed to provide special classes for the deaf,
  blind and mentally deficient

4
History

• 1900 1960/70, Era of Special Classes
• 1902 Bell further urges the NEA that special
  education be provided so that children would not
  have to leave home to attend institutions
• NEA forms a Department of Special Education,
  originating the name that remains to this day
• Classes for mildly mentally retarded started
• Educable mentally handicapped
• Severely retarded institutionalized at early age
• Residential schools for the deaf and blind

5
History

• 1960 present, Era of Accelerated Growth
• Most concentrated 1960 1985
• Series of legislation
• 1975 PL 94-142 Education for All Handicapped
  Children Act
• Contributing factors
• President Kennedys family history
• National Association for Retarded Citizens -
  visibility
• United Cerebral Palsy Association visibility
• Council for Exceptional Children lobbying
• Congress ventures into new areas
• Few would criticize assisting the handicapped
  returning vets
• Few would criticize advancement the Cold War

6
Litigation

• Brown v. BOE (1954) - equal access v. segregation
  
• Hobson v. Hansen (1967) tracking v. equal
  access
• Diana v. State BOE CA (1970) IQ tests
  culturally biased
• Larry P. v. Riles (1972) IQ cannot used for be
  sole placement
• PARC v. PA (1972) FAPE
• Mills v. DC (1972) zero reject fiscal inabilty
• By 1974 over 36 right to education lawsuits
  filed in 25 states
• Fredrick L. v. Thomas (1977) identification of
  LD students
• NYARC v. Carey (1979) sole placement not based
  on disease
• Battle v. PA (1980) extended day/year
• Hudson Board v. Rowley (1982) comparable not
  maximized
• Irving District v. Tato (1984) related services
• Honig v. Doe (1988) behavior expulsion

7
Litigation

• PARC v. PA (1972) FAPE, basis for PL 94-142
• January 7, 1971
• 14 specific children all others of similar
  class
• PA two forms of exclusion
• Psychologist no longer profit
• Refuse to accept/retain under mental age of 5
• OR provide training outside school
• PARC 3 main points
• Can learn with appropriate instruction
• education is broader than traditional academics
• Early educational experience is essential
• Settled on consent agreement
• time table, two masters
• FAPE PROPERTY RIGHT 14th Amendment
• DUE PROCESS 5th Amendment
• Civil Rights Act Brown v. BOE

8
Litigation

• Mills v. DC (1972)
• 7 plaintiffs (mental, physical, LD, EBD)
  expelled
• DC claimed no money for programs
• Trim other programs
• Advertise services Child Find
• Governed by Congress national application
• 10th Amendment Education is a States Right
• Can do away with BUT not just for some
• zero rejection policies
• Ages 5-17, up to 21

9
Legislation

• Civil Rights Act of 1964 Title IV
• Commerce Clause of 14th Amendment unitary
  systems
• Vocational Rehabilitation Act of 1973 Section
  504
• Access to funded programs anti-discrimination
• Family Education Rights Privacy Act PL 93-380
• November 19, 1974
• Mainstreaming Act
• Right to inspect, review control records
• Buckley amendment to PL 93-586
• Amendment to ESEA PL 89-313
• Provides funding
• LRE

10
Legislation

• Education of All Handicapped Childrens Act - PL
  94-142
• November 29, 1975
• Assessment/evaluation prior to placement
• FAPE
• Services ages 5-21
• LRE
• Due Process
• IEP
• Revolutionary in SCOPE

11
Legislation

• Education of All Handicapped Childrens Act - PL
  94-142
• Exceptionalities (11)
• Deaf
• Deaf-blind
• Hard of hearing
• Mentally retarded
• Multihandicapped
• Orthopedically impaired
• Other health impaired
• Seriously emotionally disturbed
• Learning disabled
• Speech impaired
• Visually handicapped

12
Legislation

• Education of All Handicapped Childrens Act - PL
  94-142
• Services
• Audiology
• Early identification
• Medical services
• Occupational therapy
• Physical therapy
• Psychological services
• Recreation
• School health services
• Speech pathology
• Transportation

13
Legislation

• EAHCA Amendments of 1986 PL 99-457
• Extension of rights to school for children ages
  3-5
• Funds for intervention for children families
  birth - 3 years
• IFSP Individualized Family Service Plan
• American Disabilities Act (ADA) PL 101-336
• 1990
• Prohibits discrimination at state and local
  levels
• Based on Rehabilitation Act of 1973

14
Legislation

• Individuals with Disabilities Education Act
  (IDEA) PL 101-476
• handicapped replaced by disabled
• 1990
• Name change for PL 94-142
• Added two exceptionalities
• Traumatic Brain Injury
• Autism
• Program expansions of related services
• Counseling
• Rehabilitation
• Social work
• Program creations
• Transition services
• Assistive Technology
• IDEA 97
• Accommodations
• Alternative assessments