EDUC 5 Foundation of Special and Intrusive Education that schools use nonbiased methods and multiple approaches in the
ased methods and multiple approaches in the evaluation process to
Module 1 (Understanding Essential Concepts, Diversity, and Foundation of
Special and Inclusive Education)
Lesson 1- Understanding Essential Concepts of Special and Inclusive
Education
a. What is Special Education?
Special Education is a special instruction that answers the unique needs of students with
diverse needs. This a set of services provided to those students with exceptional learning
needs and is provided also in a variety of educational settings who have Individualized
Education Program (IEP). This must be provided to the unique needs of students with no
cost to parents. Also, this is governed by the federal law- Individuals with Disability
Education Act (IDEA (Blaalard and Dymond, 2018). Students can avail of this special
education services only when their disability are professionally identified which impacts
their ability to learn thus requiring them to have additional services and resources for them
to effectively participate in school. Children who are qualified to receive special education
services have the following disabilities:
• Intellectual disability
• Hearing impairments (including deafness)
• Speech or language impairments
• Visual impairments (including blindness)
• Serious emotional disturbance
• Orthopedic impairments
• Autism spectrum disorder
• Traumatic brain injury
• Other health impairments
• Specific learning disabilities
• Developmental delay
IDEA mandates that the regardless of the level of severity of the student’s disability,
schools must provide must provide an appropriate education to ALL children with a
disability (ages 3- 21). It also requires that the following six principles be provided for
students who receive special education services:
1. Free and Appropriate Public Education (FAPE). This means that a public education is
given to diagnosed children, parents, families, guardian, at no cost designed to meet the
individual needs of each student. It provides access to the general education curriculum. It
also provides services in accordance to a student’s IEP which eventually provide
educational benefits to the child and make him/her effectively participate in the classroom.
2. Non-discriminatory Identification and Evaluation. It refers to the process, instruments,
and qualifying tools used to identify individuals with a disability. It is a requirement that
ensure that there is no discrimination on the basis of race, culture, religion, or native
language. All evaluation instruments must use the child’s first language or have an
equivalent translation of it. The decision on identification and placement remains invalid
when only single evaluation instrument is used.
3.Individualized education program (IEP). This special document is the very essential and
serves as the foundation of special education for it contains the services to be provided to
the student with exceptional disability. It contains a description of a student’s current level
of educational performance, information on how his or her disability influences academic
performance, and details needed adaptations and accommodations. This document also
includes the educational setting wherein the student receives instructions through
modification or accommodation in a lit restrictive environment. The target long and short
term learning goals and objectives which includes behavior management and other child’s
deficits, needs and other services are stipulated in the child’s IEP.
4. Least Restrictive Environment (LRE). This refers to the educational settings in which a
student with disability receives education services. It is assumed that all students regardless
of the severity of the disability will be educated alongside with their peers without
disability. When a student cannot perform satisfactorily in a regular classroom, he/she will
be placed in a least restrictive environment in which he /she will received supplemental
aids and services. This may include part-time or full-tome special education services in a
resource room, self-contained, or community based-settings.
5.Parent Participation. This is an essential action in establishing home-school-community
collaboration. Parents, families, and guardian or any significant adults of a child with a
disability must be a member of any group that makes decisions regarding the placement
and LRE of their child. They must have a right to notification of all meetings regarding
their child’s placement, access to planning and evaluation materials, and notification of 5
any planned evaluations. Both parents, students, and other stakeholders must be invited to
attend IEP meetings. 6.Due Process Safeguards. This refers to all protections afforded to
children, their parents, and families under IDEA and articles under the disability law. When
we say safeguards, these include obtaining parental consent for all evaluations and
educational placement decisions; confidentiality of all records relating to a child with a
disability; independent student evaluation at public expense; and due process hearings
when the school and parent may disagree. (Adapted from Purdue University online
https://online.purdue.edu/blog/education/what-isspecial-ed)
A. What is Inclusive Education?
Inclusive Education in the broader sense is the right of education of children with
disabilities in a regular classroom. It is the main modality to address the educational needs
of children who suffers from different deficiencies. UNESCO (1983:167) defines inclusive
education “as a form of education provided for those students who are not achieving, or are
not likely to achieve through ordinary educational provisions , the level of educational,
social and other attainments appropriate to their age, and which has the aim for furthering
their progress towards these levels.” The process of inclusive education is supported by
various international legal sources especially the Declaration of Salamanca (1994). In this
declaration, the fundamental principle of an inclusive school which states that “all children
should learn together, wherever possible, regardless of any difficulties or differences they
may have.” Inclusive schools must recognize and respond too the diverse needs of their
students, accommodatingbooth different styles and rates of learning and ensuring quality
education.” (Salamanca Statement, 1994: 12). This principle mirrors the idea that the
schools are responsible in addressing the needs of children with various educational needs
and still ensuring quality education. With this, it is the direct opposite of the old definition
of disability expressed various legislative sources which includes Romanian legislation
(Mihai, 2017). The first definition of handicap is given within law no. 53/1992 which is
“persons with handicap are persons who because of some sensorial, physical or mental
deficiencies cannot totally or partially integrate, temporarily or permanently, by their own
possibilities, in social and professional life, being necessary special protection measures.”
Sensorial, physical, or mental deficiencies “are those which limit participation to “social
and professional life” of disabled persons. Society is not responsible of the misfit of these
persons as considers the social model of disability (Mihai, 2017). 6 The real inclusive
education of children with diverse needs can be achieved provided that there are no
physical, psychological, or other barriers in an educational establishment and there are
appropriate resources and pieces of technical equipment available. Highly trained and
qualified teachers and supportive stakeholders are part of the success of inclusion
(Dokhoyan, et al 2017). With that the term inclusion is understood in its anthropological
sense in that it refers to the human presence of being, doing, thinking, and valuing for
which human beings assign meaning and purpose. Human beings do not just exist to live
privately in the world. Humans live, move, and breathed in the public arena and build up
particular, diverse, and varying ways of acting and interacting, telling stories, and so on and
so forth. (Etherington and E.J. Boyce, 2017)
The Risk of Inclusive Education As presented in the paper of Dokhoyan, Ismailova,
Yegizarjants, and Sokolova (2017), there are several risk factors in inclusive settings. They
are the following:
1. The lack of sufficient knowledge on the real psychological condition of children with
disabilities of the regular and special education teachers which may aggravate the condition
of the child
2. The lack of skills of the schoolteachers in using programs, special methods, ad assistive
device which may aggravate the child’s condition
3. A high rate of work within the school education program which leads to bulk f
requirements for children with disabilities without considering their present psychological
and mental state.
4. Disagreements of parents of normally developing children who are educated alongside
with “abnormal students” which will lessen the quality of instruction and education as a
whole.
5. The absence of highly qualified therapists (speech, occupational, physical) who could
provide additional services to the children with special needs
On the other hand, a researcher Shinde Vinodrao V. (2016) outlined the benefits of
inclusive Education in three categories, namey benefits of inclusion for students with
intellectual disability, benefits of inclusion for students without disabilities, and benefits of
inclusion for teachers, parents and communities.
Benefits of Inclusion to Students with Intellectual Disabilities
• To develop friendships with peer groups and others
• Removes the barriers and build bridges to participation and learning with others •
Increase social relations
• Improve social skills
• Greater access to adaptive and to general curriculum
• Improved and increase achievement in IEP goals
• Peer role models for academic, social, and behavior skills
• Improve acquisition and generalization skills
• Increase inclusion in future environments and other settings
• Many opportunities for interaction
Benefits of Inclusion for Students without Disabilities
• Students will have a positive attitude towards students with disabilities
• Meaningful friendship with students with special needs
• Promotes empathy, acceptance, and appreciation of individual differences
• Increase understanding and acceptance of diversity
• Respect for all people
• Appreciate individual uniqueness and identity
• Prepares the students in adult life in an inclusive society
Benefits for Inclusion for Teachers, Parents, and Communities
• Parents are better equipped to handle their children
• Students with special needs are better prepared for independent living
• Behavioral problems of children with special needs are controlled in the community
• Students learn to respect diversity and use this experience to benefit the school and the
community and their workplace.
• Promotes collaboration among family, school, and community
But amidst these benefits, the main burden of these children is to receive
additional support and services of speech, physical, occupational therapists and other
specialists which usually falls on the family which is somehow costly.
Lesson 2- Diversity in Classroom
A. What is Diversity?
Diversity is any dimension that a person or a group can be differentiated from one another.
It is all about empowering people by respecting and appreciating individual differences in
terms of age, ethnicity, religion, disability, sexual orientation, education, and national
origin. Diversity allows the exploration of this differences in a safe, positive, and nurturing
environment. It means understanding each other’s individual uniqueness by extending
degree of tolerance and patience to ensure that a person really value their differences. This
allows everyone to embrace and celebrate the richness of the scope of diversity within each
individual and have a positive and wholesome regard on diversity in the classroom, within
the school system, and the community as a whole (Global Diversity Practice, 2020).
B. Loden’s Diversity Wheel
The diagram below is Loden’s Diversity Wheel Loden’s Diversity Wheel represents the
various dimensions of diversity. As a teacher candidate, it is critical that you understand the
factors that make up and influence a person’s individuality. This will make you truly
welcoming and truly inclusive. If we would be narrow-minded in looking what constitute
diversity, we will miss the opportunity of effectively establishing connections and serving
all members of the community most especially your students in your respective classrooms
It was Marilyn Loden and Judy Rosener in 1990 who developed a framework for thinking
about the different dimensions of diversity within individuals and institutions. Depicted as
concentric circles, this “Diversity Wheel” can be used in many different ways to encourage
thinking about values, beliefs, and dimensions of identity for people and organizations
(YMCA of the USA, 2020).
Based on the diagram, ethnicity and age are core to our individuality while religion and
belief, gender, are core but we cannot change them. They are labelled as inner embedded
sphere in which we as humans do not have any control since they are part of our diversity.
Those life experiences that we have in the outer sphere make us different from each other.
We have control on these experiences which may change or may not change overtime. In
nutshell, diversity has two types of dimensions- the inner dimension which we can control
because it is innate in us and the outer dimension that if given the right circumstances may
be controlled. Diversity may include may include anything and everything which sets us
apart. It does not focus only on the visible aspects of us but the invisible which reside our
beliefs and values. This wheel was created to bridge the similarities and differences
between cross societal and cultural boundaries (Lou and Dean,2010).
C. Diversity and Inclusion
Diversity and inclusion stand side-by-side. Inclusion is an effort in which an individual or
group is welcomed, equally treated, and culturally and socially accepted. These differences
could be innate or built in a person while other attributes are acquired. Inclusion is a sense
of belonginess. An inclusive classroom welcomes everybody regardless of disability, age,
social status, cultural and ethnic background, and so on and so forth. In an inclusive
classroom, each person is accepted and respected for who he/she is. Inclusion is a paradigm
shift, new mindset in education that has visible results to the behavior of the students and
the entire members of the school system through modification and accommodation of the
different needs of these diverse students. The process of inclusion help students to achieve
more and maximize their full potential. This process is also rewarding to the teachers and
to the school staff as a whole ( Raina, 2012)
Lesson 3- Gender in the Classroom: Making Words Inclusive
Gender bias is a behavior which shows that you are favoring one gender over the other. It
cannot be denied that most often, gender bias is favoring men over women, boys over girl,
and so on and so forth. Gender bias in education is takes a gradual and commulative effect
in which few only take notice of. Over the years, so much time, energy, and effort were
given to boys and misconceptions that girls need to attend to the household chores and look
after the home and siblings. Sociologist would agree that although there are biological
differences between male and female, gender roles are heavily influenced by processes of
socialization operating in family, school, media, and community as a whole (Raina, 2012).
Teachers are even unaware of their biased teaching behavior because they simply teach
how they are taught and exposed to subtle genderbiased teaching instructional materials
which are overlooked. In the paper of Raina, it is recommended that we teachers must
advocate gender-biased in the classroom. The best we to start is by using gender-neutral
words in the classroom as we deliver our instruction and overall teaching behavior. Below
is the list of gender-biased words with their gender-neutral words counterpart.
1. Ladies and gentlemen- folks or everybody
2. Mankind- humankind
3. Man/men- people
4. Congressmen- members of congress
5. Councilman- councilperson
6. Chairman- chairperson
7. Freshmen- fist year students
8. Man-made- machine-made, synthetic, or artificial
9. Father/mother- parent
10. Son/daughter- child brotherhood Kinship
11. Sister/brother-sibling common man Community/Common Person, average
12. Nice/nephew- nibling countryman person
13. Husband/wife/girlfriend/boyfriend- spouse/partner/significant other fatherland compatriot
14. Steward-stewardess- flight attendant fellowship native land
15. Saleslady/saleswoman- salesperson/sales representative forefathers camaraderie ancestors
fraternal forebears warm
EXAMPLES OF GENDER-SENSITIVE LANGUAGE Frenchmen intimate
Compiled by Service-Growth Consultants Inc. May 2003 Below are lists of common Man/ mankind the French
gender-biased terms and bias-free substitutes mother tongue humankind, humanity, humans
A. Occupational References rise of man native language
Biased Biased-free thinking man rise of civilization
Businessman Business Executive working man/working woman thinking person/thinker/intellectual
career girl Entrepreneur wage earner/taxpayer
career woman Professional Manager D. Other Stereotypes
cleaning lady Courier/Messenger Biased Biased-free
delivery boy Supervisor Clerk/Office Assistant King-size jumbo, gigantic
foreman Receptionist Kingmaker power behind the throne
girl Friday Insurance Agent Lady woman
insurance man Proprietor/Building Manager Ladylike courteous/cultured
landlady/landlord Mail Carrier/Letter Carrier Like a man resolutely/bravely
mailman Journalist/Reporter Maiden name birth name
newsman Police Officer Maiden voyage first voyage
policeman/policewoman Repairer/Technician Man (verb) staff/run
repairman serviceman sales Clerk/Sales Rep/Sales agent service Man enough strong enough
waitress/waiter Representative Manhood adulthood
workman Server Manly strong/mature
Worker Manpower human resources
B. Role References Master(noun) owner/expert/chief/superior
Biased Biased-free Master(verb) learn, succeed at, overcome
Alumni Graduates Master (adj.) expert/gifted/accomplished
Chairman/Chairwoman Chair/ Chairperson Master of ceremonies host/emcee/moderator/convenor
Committee man/Committee womanCommittee Member Masterful skilled/authoritative/commanding
Corporate wife corporate spouse Mastermind(noun) genius/creator/instigator
Faculty wife Faculty Spouse Mastermind(verb) oversee/launch/originate
Front man front/figurehead Masterpiece work of genius/chef d’oeuvre
Hostess Host Masterplan comprehensive plan/vision
Housewife, Househusband Homemaker Masterstroke trump card/stroke of genius
Middleman Go-between Man of action dynamo
Man and wife Husband and wife Man of letters scholar/writer/literary writer
Ombudsman Troubleshooter Man of the world sophisticate
Self-made man Self-made person/entrepreneur Man-hour staff hours/hours of work
Spokesman Spokesperson/representative Motherly loving/warm/nurturing
C. Group References One-up manship upstaging/competitiveness
Biased Biased-free Statesman diplomat/public servant/political leader
Workmanship quality construction/expertise
E. Turns of Phrase
Biased Biased-free
All men are created equal we are created equal
Be his own boss be one’s own person
Best man for the job best person for the job
Boys will be boys kids will be kids
Everybody and his brother everybody and his cousins
Every man for himself everyone for themselves
A man’s home is his castleyour home is your castle
John Q. Public the average citizen
Every schoolboy knows every school child knows
Gentleman’s agreement honorable/ informal agreement
No man’s land limbo, unclaimed theory
To a man to a person, without reception
The use of gender-neutral words or gender-sensitive language should be part of your
advocacy as a teacher candidate for it promotes inclusion. The use of first-person first
before disability is also one of your missions in promoting inclusion. So, instead of saying
he is autistic child, visually impaired student, hearing-impaired person, disabled person,
and so on and so forth, you say, a child with autism, a student who is visually-impaired, a
person who is hearing impaired, a person with disability, etc. Persons with exceptionalities
are persons; disability is just a part of him/her as a person. Applying first-person-first
coupled with the use of gender-neutral and gender-sensitive language models inclusive
atmosphere in the classroom. Your students with special needs who learns alongside with
their non-disabled learners will feel a sense of belongingness as they journey with you with
your inclusive teaching behavior and practices.
Lesson 4- Historical and Sociocultural Foundations
SOCIOCULTURAL THEORY
Lev Vygotsky- A proponent of a sociocultural theory. A sociocultural theory focuses on
which children’s cognitive development is influenced by the cultures in which they are
reared and the people who teach them. In his early workings he advocated what is known
as “full inclusion model (Lipsky and Gardner, 1996). Vygotsky express firm conviction
that special needs education should not be diminished version of regular education, but a
speedily designed setting where the entire staff of the school are able to exclusively serve
the individual needs of the students with disabilities, special needs need special trained
teacher’s, a differentiated curriculum, special technological auxiliary means and simply
more time to learn. All these should be available in the methods of teaching that should be
change not the school setting. Students must always be maintained as much as possible
within the inclusive social and cultural environment of the school
Fundamental principles of sociocultural perspectives on learning
Three themes are often identified with Vygotsky’s ideas of sociocultural learning: (1)
human development and learning originate in social, historical, and cultural interactions,
(2) use of psychological tools, particularly language, mediate development of higher
mental functions, and (3) learning occurs within the Zone of Proximal Development. While
we discuss these ideas separately, they are closely interrelated, non-hierarchical, and
connected.
Human development and learning originate in social, historical, and cultural interactions.
Vygotsky contended that thinking has social origins, social interactions play a critical role
especially in the development of higher order thinking skills, and cognitive development
cannot be fully understood without considering the social and historical context within
which it is embedded. He explained, “Every function in the child’s cultural development
appearstwice:first, on the social level, and later, on the individual level; first between
people (interpsychological) and then inside the child (intrapsychological)” (Vygotsky,1978,
p. 57). It is through working with others on a variety of tasks that a learner adopts socially
shared experiences and associated effects and acquires useful strategies and knowledge
(Scott & Palincsar, 2013).
Rogoff (1990) refers to this process as guided participation, where a learner actively
acquires new culturally valuable skills and capabilities through a meaningful, collaborative
activity with an assisting, more experienced other. It is critical to notice that these
culturally mediated functions are viewed as being embedded in sociocultural activities
rather than being self-contained. Development is a “transformation of participation in a
sociocultural activity” not a transmission of discrete cultural knowledge or skills (Matusov,
2015, p. 315).
Use of psychological tools, particularly language, mediate development of higher mental
functions. Another important aspect of Vygotsky’s views on learning is the significance of
language in the learning process. Vygotsky reasoned that social structures determine
people’s working conditions and interactions with others, which in turn shape their
cognition, beliefs, attitudes, and perception of reality and that social and individual work is
mediated by tools and signs, or semiotics, such as language, systems of counting,
conventional signs, and works of art. He suggested that the use of tools, or semiotic
mediation, facilitates co-construction of knowledge and mediates both social and individual
functioning. These semiotic means play an important role in development and learning
through appropriation, a process of an individual’s adopting these socially available
psychological tools to assist future independent problem solving (John-Steiner & Mahn,
1996).
Vygotsky viewed language as the ultimate collection of symbols and tools that emerge
within a culture. It is potentially the greatest tool at our disposal, a form of a symbolic
mediation that plays two critical roles in development: to communicate with others and to
construct meaning.
Learning occurs within the zone of proximal development. Probably the most widely
applied sociocultural concept in the design of learning experiences is the concept of the
Zone of Proximal Development (ZPD). Vygotsky (1978) defined ZPD as “the distance
between the actual developmental level as determined by independent problem solving and
the level of potential development as determined through problem solving under adult
guidance or in collaboration with more capable peers” (p. 86). He believed that learning
should be matched with an individual’s developmental level and that in order to understand
the connection between development and learning, it is necessary to distinguish the actual
and the potential levels of development. Learning and development are best understood
when the focus is on processes rather than their products. He considered the ZPD to be a
better and more dynamic indicator of cognitive development since it reflects what the
learner is in the process of learning as compared to merely measuring what the learner can
accomplish independently, reflecting what has been already learned (Vygotsky, 1978).
The distance between the actual developmental level as determined independent problem
solving
Ideas such as ZPD and scaffolding bring to light a fundamentally different view of an
instructor who serves more as a facilitator of learning rather than a fount of knowledge.
Likewise, the learner takes on more responsibilities such as determining their learning
goals, becoming a resource of knowledge for peers, and actively collaborating in the
learning process (Grabinger, Aplin, & Ponnappa-Brenner, 2007)
The historical foundations timeline of special education
1965- Congress adds Title IV to the elementary & Secondary Education Act of 1965,
which created a Bureau of Education for the Handicapped (today, this bureauis called the
office of Special Education Programs or OSEP). At this time, educating students with
disabilities is NOT mandated by federal or state law.
1972- Supreme Court Decisions apply the equal protection argument to students with
disabilities [PARC v. Pennsylvania (1972) and mills v. D.C Board of Education (1972).
Some students with disabilities start going to school as a result of these court decisions.
1973- Section 504 of the rehabilitation Act of 1973 is enacted, which protects qualified
individuals from discrimination based on disability. Since this law was enacted without
excitement, most educators did not know it applied to public schools.
1975- The education for all handicapped Children Act is authorized and is now known as
the Individuals with Disabilities Education Act (IDEA). This mandated that all school
districts to educate students with disabilities. This included: providing federal funding.
FAPE, LRE, Procedural safeguards, Non-discriminatory evaluations. And IEPs.
1977- The final regulations for EAHCA are determined, which include rules for school
districts to follow when providing an education to students with disabilities.
1986- The EACHA adds the Handicapped Children’s Protection Act, giving parents and
students rights under EACHA (now IDEA) and section 504.
1990- The Americans with Disabilities Act (ADA) uses Section 504 regulations - “504
Plans” are now made for individual students and have become much more common in
schools now.
1990- The EAHCA is now called the individuals with Disabilities Education Act (IDEA).
One of the biggest changes to this Act is the transitional services for students with
disabilities. This included changes such as: l The word “handicap” was changed to
“disability” l Person first language l Added Traumatic Brain Injury (TBI) and Autism
categories l Transition services l Assertive technology & related services
1997- IDEA amends that students with disabilities are to be included in on state and
district-wide assessments. Regular Education teachers are now also required to be part of
the IEP team. These changes included and/ or affected: l FAPE l Nondiscriminatory
evaluation l IEP l LRE l Discipline l Related Services l Parents Rights
2001- No Child Left behind: This states that all students (including those with disabilities)
to be proficient in math and reading by the year 2014
2004- IDEA changes again many ways. The biggest change creates more accountability at
the state and local levels. Another change is that the school districts must provide
instruction and intervention for students to help keep them out of special education, if
possible
Lesson 5-Philosophical and Theoretical Foundations
PHILOSOPHY OF INCLUSIVE EDUCATION
For almost quarter century, services to people with disabilities were seemingly endless
state of flux. In this process, the central themes that emerged and changed the future
direction of services were deinstitutionalization, normalization, equal rights, access, least
restrictive environment and community based services.
PHILOSOPICAL FOUNDATION
• should have the rights as normal children do.
• must NOT be isolated nor be looked down.
• must be treated as persons of dignity.
• needs should be provided
Models of Services
The various initiatives for disabled always reflected two primary approaches to
rehabilitation i.e., individual pathology and social pathology. In the former approach, the
individual is seen as problem while in latter the environment is seen as problem. Within
these two approaches, four models of disability emerged, which are - the charity model, the
bio-centric model, the functional model and the human rights model (NCERT, 2006).
a. The Charity Model. The charity model brought out various welfare measures like
providing care, shelter and basic needs. This resulted in establishment of more number of
residential units that provided custodial care. These institutions functioned like detention
centres and there was no public accountability or comprehensive provisions of services that
would enhance the quality of life for individuals with disabilities. Eventually, this model
resulted in marginalization and disconnect with the larger society.
b. The Bio-centric Model. Evolving from the previous model, bio-centric model regards
disability as a medical or genetic condition and prompted to seek medical treatments as
only means 25 of management. The role of family, society and government was flippant
according to this model. However, medical diagnoses and biological treatments have to be
necessarily part of the rehabilitation of the disabled along with the family and social
support to participate in the activities of social life.
c. The Functional Model. In the functional model, entitlement to rights is differentiated
according to judgments of individual incapacity and the extent to which a person is
perceived as being independent to exercise his/her rights. For example, a child’s right to
education is dependent on whether or not the child can access the school and participate in
the classroom, rather than the obligation being on the school system becoming accessible to
children with disabilities. Thus, it may not pose obligation to schools for facilitating barrier
free education.
d. The Human Rights Model . The human rights model positions disability as an
important dimension of human culture and it affirms that all human beings are born with
certain inalienable rights. According to this model, the principle of respect for difference
and acceptance of disability as part of human diversity and humanity is important, as
disability is a universal feature of the human condition. It purports to identify those barriers
for participation in society and removes them. Advocating for non-discrimination, it also
calls for reasonable differentiation only to create specialized support services for effective
participation in the society.
BASIC PHILOSOPHY OF SPECIAL EDUCATION
“Every child with special needs has a right to an educational program that is suitable to his
needs.” “Special education shares with regular education basic responsibilities of the
educational system to fulfill the right of the child to develop to his full potential.”
Developing a comprehensive system of inclusive special education A new theory has been
proposed that synthesizes theory and research from both special education and inclusive
education in order to present a model for providing effective education for all children with
SEND (special educational needs and disabilities) Th e theory of inclusive special
education comprises a synthesis of the philosophy and values of inclusive education along
with the strategies and interventions used in special education. The theory of inclusive
special education provides guidelines for policies, procedures and evidence-based teaching
strategies that will support the delivery of effective education for all children with SEND.
The goal of this new approach is to ensure that all children with SEND are effectively
educated in special or mainstream facilities, wherever most is appropriate, from early
childhood through secondary school education. Thus, the model combines key aspects of
special education and inclusive education to form inclusive special education.
Inclusive special education is about providing the best possible instruction for all children
with SEND, in the most appropriate setting, throughout all stages of a child’s education,
with the aim of achieving the highest possible level of inclusion in the community post-
school. Its focusis on effectively including as many children as possible in mainstream
schools, along with the availability of a continuum of placement options from mainstream
classes to special schools, and involving close collaboration between mainstream and
special schools.
Continuum of placement options from mainstream classes to special schools Inclusive
special education recognizes that, although the majority of children with SEND can be
effectively educated in mainstream classes, there are a minority of children with higher
levels of SEND who benefit more from being educated in resource rooms, special classes
or special schools for some or all of the time at school (Kauffman & Badar, 2014a; NCSE,
2010; Warnock, 2005).Therefore, it is necessary that a continuum of placement options,
from mainstream classes to special schools, is available. Such continua of options, often
referred to as cascades ofservices have been the reality of special education provision in
most countries for many years and typically include options from mainstream classrooms
with support from specialist teachers or teaching assistants, through resource rooms or
special classes within mainstream schools, to separate special schools. A typical continuum
includes the options below:
 mainstream class with differentiation of work by the class teacher
 mainstream class with guidance for the teacher provided by a specialist teacher
 mainstream class with support for the pupil from a teaching assistant
 mainstream class with some time spent in a resource room
 special class within a mainstream school
 special class that is part of a special school but is attached to a mainstream school
 special school which is on same campus as a mainstream school
 special school on a separate campus; residential special school on its own campus.
Lesson 6 Legal Foundation
UNCONVENTION ON THE RIGHTS OF THE CHILD (1989)
The United Nations Convention on the Rights of the Child (commonly referred to as the
CRC, CROC, or UNCRC) is the most widely ratified human rights treaty in the world. It is
a human rights treaty built on different legal systems and cultural traditions which sets out
the civil, cultural, economic, political and social rights of children. In doing so it declares a
universally agreed set of non-negotiable standards and obligations. The Convention was
adopted and opened for signature, ratification and accession by the United Nations
Assembly through resolution 44/25 on November 20, 1989 and it came into force on
September 2, 1990. As stated in Article 1, for the purposes of the Convention, a child is
defined as any human being under the age of eighteen.
Every right spelled out in the Convention is inherent to the human dignity and the holistic
and harmonious development of every child. The four core principles of the Convention
are:
1. Non-discrimination (article 2): All children have rights, regardless of race, color, sex,
language, religion, political or other opinion, national, ethnic or social origin,
property, disability, birth or other status.
2. Devotion to the best interests of the child (article 3): The child’s best interests must be a
primary consideration in all decisions affecting her or him.
3. The right to life, survival and development (article 6): All children have a right to life,
and to survive and develop – physically, mentally, spiritually, morally, psychologically and
socially – to their full potential.
4. Respect for the views of the child (article 12): Children have the right to express
themselves freely on matters that affect them, and to have their views taken seriously.
As documented by UNICEF, the 54 articles included in the Convention address the
following rights:
 Article 1 (Definition of the child): The Convention defines a ‘child’ as a person
below the age of 18, unless the laws of a particular country set the legal age for
adulthood younger. The Committee on the Rights of the Child, has encouraged
States to review the age of majority if it is set below 18 and to increase protection
for all children under 18.
 Article 2 (Non-discrimination): The Convention applies to all children,
regardless of race, religion or abilities.
 Article 3 (Best interests of the child): The best interests of children must be the
primary concern in making decisions that may affect them. All adults should do
what is best for children and when they make decisions, they should think of the
potential impacts children in particular regarding budgets, policy and laws.
 Article 4 (Protection of rights): Governments have a responsibility to take all
available measures to make sure children’s rights are respected, protected and
fulfilled. Ratification of the Convention obliges countries to review their laws
relating to children and all applicable services, as well as levels of funding for
these services. Governments are obliged to take all necessary steps to ensure that
the minimum standards set by the Convention are being met. They are obliged to
assist families to protect children’s rights and create an environment where they
can grow and reach their potential. In some instances, this may involve amending
existing laws or creating new ones.
 Article 5 (Parental guidance): Governments should respect the rights and
responsibilities of families to direct and guide their children so that, as they grow,
they learn to use their rights properly. Article 5 encourages parents to deal with
rights issues “in a manner consistent with the evolving capacities of the child”. In
line with Article 4, the Convention awards governments the responsibility of
protecting and assisting families to ensure that they fulfil their role as nurturers of
children.
 Article 6 (Survival and development): Children have the right to live.
Governments should ensure that children survive and develop healthily.
 Article 7 (Registration, name, nationality, care): Children have the right to a
legally registered name officially recognized by the government. Children have
the right to a nationality (to belong to a country). Additionally, children have the
right to know and, as far as possible, to be cared for by their parents.
 Article 8 (Preservation of identity): Children have the right to an identity – an
official record of who they are. Governments should respect children’s right to a
name, a nationality and family ties.
 Article 9 (Separation from parents): Children have the right to live with their
parent(s), unless it has a negative impact on them. For children whose parents do
not live together, they have the right to stay in contact with both parents, unless
this may cause harm to the child.
 Article 10 (Family reunification): Families members who live in different
countries should be allowed to move between those countries so that parents and
children may remain in contact, or be reunited as a family.
 Article 11 (Kidnapping): Governments should take steps to stop children being
taken out of their own country illegally. This article is particularly concerned with
parental abductions. The Optional Protocol on the sale of children, child
prostitution and child pornography has a provision that concerns abduction for
financial gain.
 Article 12 (Respect for the views of the child): When adults are making
decisions that affect children, children have the right to say their opinion and have
this taken into account. The Convention encourages adults to listen to the opinions
of children and involve them in decisionmaking without giving children authority
over adults. Article 12 does not interfere with parents’ right and responsibility to
express their views on matters affecting their children. Moreover, the Convention
recognizes that the level of a child’s participation in decisions must be appropriate
to the child’s level of maturity. Article 12 (Respect for the views of the child):
When adults are making decisions that affect children, children have the right to
say what they think should happen and have their opinions taken into
consideration.
 Article 13 (Freedom of expression): Children have the right to get and share
information, as long as the information is not damaging to them or others. In
exercising the right to freedom of expression, children have the responsibility to
respect the rights, freedoms and reputations of others. The freedom of expression
includes the right to share information in any way they choose, including by
talking, drawing or writing.
 Article 14 (Freedom of thought, conscience and religion): Children have the
right to think and believe what they choose and to practice their religion, as long
as they are not preventing other people from enjoying their rights. Parents have an
obligation help guide their children in these matters. The Convention respects the
rights and duties of parents in providing religious and moral guidance to their
children. At the same time, the Convention recognizes that as children mature and
are able to form their own views, some may question certain religious practices or
cultural traditions. The Convention supports children’s right to examine and
express their beliefs, whilst respecting the rights and freedoms of others.
 Article 15 (Freedom of association): Children have the right to meet together
and to join groups and organizations, as long as it does not stop other people from
enjoying their rights. In exercising their rights, children have the responsibility to
respect the rights, freedoms and reputations of others.
 Article 16 (Right to privacy): Children have a right to privacy. How can we
promote equality among children? The law should protect them from attacks
against their way of life, their good name, their families and their homes.
 Article 17 (Access to information; mass media): Children have the right to get
information that is important to their health and well-being. Governments have an
obligation to encourage mass media – radio, television, newspapers and Internet
content sources – to provide information that children can understand, and to not
promote materials that could harm children.
 Article 18 (Parental responsibilities; state assistance): Both parents share
responsibility for bringing up their children, and should always consider what is
best for each child. Governments must respect the responsibility of parents for
providing appropriate guidance to their children – the Convention does not take
responsibility for children away from their parents and give more authority to
 governments. It obliges governments to provide support services to parents,
especially if both parents work outside the home.
 Article 19 (Protection from all forms of violence): Children have the right to be
protected from being hurt and mistreated, physically or mentally. Governments
should ensure that children are properly cared for and protected from violence,
abuse and neglect by their parents, or anyone else. In terms of discipline, the
Convention does not specify what forms of punishment parents should use,
however any form of discipline involving violence is unacceptable. In most
countries, laws already define what sorts of punishments are considered excessive
or abusive. It is the duty of each government to review these laws in line with the
Convention.
 Article 20 (Children deprived of family environment): Children who cannot be
looked after by their own family have a right to special care and must be looked
after in a correct manner by people who respect their ethnic group, religion,
culture and language.
 Article 21 (Adoption): Children have the right to care and protection if they are
adopted or in foster care. The first concern must be for their well-being. The same
rules should apply whether they are adopted in the country where they were born,
or if they are taken to live in another country.
 Article 22 (Refugee children): Children have the right to special protection and
help if they are refugees (if they have been forced to leave their home and live in
another country), as well as all the rights in this Convention.
 Article 23 (Children with disabilities): Children who have any kind of disability
have the right to special care and support, as well as all the rights in the
Convention, so that they may live full and independent lives.
 Article 24 (Health and health services): Children have the right to good quality
health care – to safe drinking water, nutritious food, a clean and safe environment,
and information to help them stay healthy. Rich countries should help poorer
countries achieve this.
 Article 25 (Review of treatment in care): Children who are looked after by their
local authorities, rather than their parents, have the right to have these living
arrangements monitored and evaluated regularly to see if they are the most
appropriate. Their care and treatment should always be based on “the best
interests of the child”. (see Guiding Principles, Article 3)
 Article 26 (Social security): Children – either through their guardians or directly
– have the right to help from the government if they are poor or in need.
 Article 27 (Adequate standard of living): Children have the right to a standard
of living that is good enough to meet their physical and mental needs.
Governments should help families and guardians who cannot afford to provide
this, particularly with regard to food, clothing and housing.
 Article 28: (Right to education): All children have the right to a primary
education, which should be free. Wealthy countries should help poorer countries
achieve this right. Discipline in schools should respect children’s dignity and
schools must be run in an orderly way. In line with Article 19, this should occur
without the use of violence. Any form of school discipline should take into
account the child’s human dignity. Governments must ensure that school
administrators review their discipline policies and eliminate any discipline
practices involving physical or mental violence, abuse or neglect. Young people
should be encouraged to reach the highest level of education of which they are
capable.
 Article 29 (Goals of education): Children’s education should develop each
child’s personality, talents and abilities to the fullest. It should encourage children
to respect others, human rights and their own and other cultures. It should also
help them learn to live peacefully, protect the environment and respect other
people. Children have a particular responsibility to respect the rights their parents,
and education should aim to develop respect for the values and culture of their
parents. The Convention does not address such issues as school uniforms, dress
codes, the singing of the national anthem or prayer in schools. It is up to
governments and school officials in each country to determine whether, in the
context of their society and existing laws, such matters infringe upon other rights
protected by the Convention.
 Article 30 (Children of minorities/indigenous groups): Minority or indigenous
children have the right to learn about and practice their own culture, language and
religion. The right to practice one’s own culture, language and religion applies to
everyone; the Convention here highlights this right in instances where the
practices are not shared by the majority of people in the country.
 Article 31 (Leisure, play and culture): Children have the right to relax and play,
and to join in a wide range of cultural, artistic and other recreational activities.
 Article 32 (Child labor): Governments should protect children from work that is
dangerous or might harm their health or their education. Although the Convention
protects children from harmful and exploitative work, there is nothing in it that
prohibits parents from expecting their children to help out at home in ways that
are safe and appropriate to their age. If children help out in a family farm or
business, the tasks they do should be safe and suited to their level of development
and comply with national labor laws. Children’s work should not jeopardize any
of their other rights, including the right to education, or the right to relaxation and
play.
 Article 33 (Drug abuse): Governments should use all means possible to protect
children from the use of harmful drugs and from being used in the drug trade.
 Article 34 (Sexual exploitation): Governments are obliged to protect children
from all forms of sexual exploitation and abuse. This provision in the Convention
is enhanced by the Optional Protocol on the sale of children, child prostitution and
child pornography.
 Article 35 (Abduction, sale and trafficking): The government should take all
measures possible to make sure that children are not abducted, sold or trafficked.
This provision in the Convention is enhanced by the Optional Protocol on the sale
of children, child prostitution and child pornography.
  Article 36 (Other forms of exploitation): Children should be protected from any
activity that takes advantage of them or could harm their welfare and
development.
 Article 37 (Detention and punishment): No person is allowed to punish children
in a cruel or harmful way. Children who break the law should not be treated
cruelly. They should not be put in prison with adults, should be able to keep in
contact with their families, and should not be sentenced to death or life
imprisonment without possibility of release.
 Article 38 (War and armed conflicts): Governments are obliged to do
everything they can to protect and care for children affected by war. Children
under 15 should not be forced or recruited to take part in a war or join the armed
forces. The Convention’s Optional Protocol on the involvement of children in
armed conflict further develops this right by raising the age for direct participation
in armed conflict to 18 and establishing a ban on compulsory recruitment for
children under 18.
 Article 39 (Rehabilitation of child victims): Children who have been neglected,
abused or exploited should receive special help to physically and psychologically
recover and reintegrate into society. Particular attention should be paid to
restoring the health, self-respect and dignity of the child.
 Article 40 (Juvenile justice): Children who are accused of breaking the law have
the right to legal help and fair treatment in a justice system that is respectful of
their rights. Governments are required to set a minimum age below which children
cannot be deemed criminally responsible and to provide minimum guarantees for
the fairness and quick resolution of judicial or alternative proceedings.
 Article 41 (Respect for superior national standards): In the case that the laws
of a country provide better protection of children’s rights than the articles in the
Convention, those laws should apply.
 Article 42 (Knowledge of rights): Governments should make the Convention
known to adults and children and adults should assist children to learn about their
rights. (See also article 4)
 Articles 43-54 (implementation measures): discusses how governments and
international organizations should work to ensure children’s rights are protected
The UN Convention on the Rights of Persons with Disabilities was adopted in 2006.
Ireland signed the Convention in 2007 and further to its ratification in March 2018 it
Promote the peace and diversity in our community. enters into force from 19 April 2018.
The purpose of the Convention is to promote, protect and ensure the full and equal
enjoyment of all human rights and fundamental freedoms by all persons with disabilities,
and to promote respect for their inherent dignity. It applies established human rights
principles from the UN Declaration on Human Rights to the situation of people with
disabilities. It covers civil and political rights to equal treatment and freedom from
discrimination, and social and economic rights in areas like education, health care,
employment and transport. States which ratify the UN Convention commit themselves to
delivering civil and political rights to people with disabilities, and to progressive realization
of social and economic rights.
Article 1 defines the purpose of the Convention: to promote, protect and ensure the full and
equal enjoyment of all human rights and fundamental freedoms by all persons with
disabilities, and to promote respect for their inherent dignity Articles 2 and 3 provide
definitions and general principles such as communication including Braille, sign language,
plain language and nonverbal communication, reasonable accommodation and universal
design.
Articles 4–32 define the rights of persons with disabilities and the obligations of states
parties towards them. Many of these mirror rights affirmed in other UN conventions such
as the International Covenant on Civil and Political Rights, International Covenant on
Economic, Social and Cultural Rights or the Convention Against Torture, but with specific
obligations ensuring that they can be fully realized by persons with disabilities.
Articles 33–39 govern reporting and monitoring of the convention by national human
rights institutions (Article 33) and Committee on the Rights of Persons with Disabilities
(Article 34).
Articles 40–50 govern ratification, entry into force, and amendment of the Convention.
Article 49 also requires that the Convention be available in accessible formats.
THE UNESCO SALAMANCA STATEMENT
This report from the UN’s education agency calls on the international community to
endorse the approach of inclusive schools by implementing practical and strategic changes.
In June 1994 representatives of 92 governments and 25 international organizations formed
the World Conference on Special Needs Education, held in Salamanca, Spain. They agreed
a dynamic new Statement on the education of all disabled children, which called for
inclusion to be the norm. In addition, the Conference adopted a new Framework for Action,
the guiding principle of which is that ordinary schools should accommodate all children,
regardless of their physical, intellectual, social, emotional, linguistic or other conditions.
All educational policies, says the Framework, should stipulate that disabled children attend
the neighborhood school 'that would be attended if the child did not have a disability.'
Education for all
The Statement begins with a commitment to Education for All, recognizing the necessity
and urgency of providing education for all children, young people and adults 'within the
regular education system.' It says those children with special educational needs 'must have
access to regular schools' and adds:
Regular schools with this inclusive orientation are the most effective means of combating
discriminatory attitudes, creating welcoming communities, building an inclusive society
and achieving education for all; moreover, they provide an effective education to the
majority of children and improve the efficiency and ultimately the cost-e effectiveness of
the entire education system