E.

Inclusion: Special Education

History in the Making
 1985
In the case of Cleburne v. Cleburne Living Center in Texas, the U.S. Supreme Court ruled unanimously that
communities cannot use a discriminatory zoning ordinance to prevent the establishment of group homes for
persons with mental retardation (Heward & Orlansky, 1988, p. 36).

At a conference of educators convened in Wingspread, Racine, Wisconsin, on December 5, 1985, Madeleine C.

Will, Assistant Secretary for the US. Office of Special Education and Rehabilitative Services (OSERS), staled
that:

. . . the so-called 'pull-out' approach to the educational difficulties of students with learning problems has failed in
many instances to meet the educational needs of these students and has created, however unwittingly, barriers to
their successful education.
 1986
Doe v. Maher (California) ruled that handicapped children could not be excluded from
school for any misbehavior that is "handicap-related" (in this case "aggressive behavior
against other students" on the part of two "emotionally handicapped" students) but that
educational services could be stopped if the misbehavior is not related to the handicap
(Heward & Orlansky, 1988, p. 36).

P.L. 99-372: Handicapped Children 's Protection Act provided authority for the
reimbursement of attorney's fees to parents who must go to court to secure an appropriate
education for their child. Parents who prevail in a hearing or court case may recover the
costs incurred for lawyers to represent them, retroactive to July 4, 1984 (Heward &
Orlansky, 1988, p. 37).
Continuation…

P.L. 99-457 (1986 Amendments to P.L. 94-142) was passed into law in October 1986. The law
mandates a special education for preschoolers and encourages states to develop comprehensive
interdisciplinary services for handicapped infants and toddlers (birth through age 2) and to expand
services to preschool children (ages 3 through 5). By the 1990-1991 school year, states must
provide free, appropriate education to-all handicapped 3-to-5-year olds in order to apply for federal
preschool funding (Heward & Orlanksy, 1988, p. 37). In addition, the law provides that:

1) states do not have to report eligible preschool-age children by disability category; and

2) new initiatives such as demonstration programs, early childhood institutes, and projects on cost-
effective methods of service delivery could be established to support implementation of the law
(Hardman, Drew Egan, & wolf, 1990, p. 51).
The American actress Marlee Matlin won an Oscar for her portrayal of a deaf
student who falls in love with her hearing teacher in Children of a Lesser God
(Shapiro, 1993, p. 35). A small part in that movie was played by a deaf
Gallaudet football player, John Limnidis.
In March of that year, students at Gallaudet University, the only four-year liberal
arts school for the deaf in the U.S., demanded the selection of the first deaf
president in the 124-year history of the school.
The candidate selected by the board of Trustees to replace the outgoing hearing
president was a woman who was not deaf. Signing "Deaf Power," the students
protested for a week causing national (U.S.) attention.
The Board of Trustees met for seven hours after the resignation of the newly
appointed hearing president. I. King Jordan, Dean of the College of Arts and
Sciences and deaf since young adulthood, was appointed president (Shapiro,
1993, PP. 74-85).
Homeward Bound v. The Hissom Memorial Center (Oklahoma) ruled that because they were
institutionalized, persons with mental retardation residing at Hissom State School and Hospital had
been denied opportunities for a quality life. The court ordered the State of Oklahoma to close the
school within a four-year period, and to create community alternatives for persons with retardation
using the following guiding principles:

 All persons are capable of growth and development.

 All persons deserve to be treated with dignity.

 All persons have value.

 All persons should live and work in the most natural settings.

 All children should live with their families.

 All persons should live in and be a part of the community (Hardman et al., 1990, p. 29).
In the November 1986 report to the Secretary of Education, the Assistant Secretary,
Madeleine Will, stated:

The Office of Special Education and Rehabilitation Services is committed to increasing the
educational success of children with learning problems.
OSERS challenges States to renew their commitment to serve these children effectively.

The objective of the partnership for special education and other special programs is to use
their knowledge and expertise to support regular education in educating children with
learning problems (Heller & Schilit, 1987, p. 1).
Students addressed by the Regular Education Initiative are those with:

1. mild speech or language impairment;

2. mild specific learning disability;

3. mild mental retardation;

4. mild behavior disorder or emotional disturbance;

5. sensory impairment;

6. physical impairment;

7. disadvantage or migrant economic status;

8. limited English proficiency;

9. need for remediation in one or more subject or skill areas;

10.socio-cultural consequences, such as family disruption, substance abuse, teenage pregnancy; and

11.pre-diagnostic variance suggesting risk of functioning within the lower halfofthe performance curve; risk of failure to develop adaptive
behaviors; or risk of dropping out of school (Heller & Schilit, 1987, p. 2).

Madeline Will became a champion of the REI (Hallahan et al., 1988, p. 29).
 1987
On January 23, 1987, a meeting was held at the Florida Atlantic University, Boca Raton
with the following purposes:

1. to develop a perspective on the meaning and implications of the [regular education]

initiative; and

2. to prepare a statement that might serve as a basis for discussion and direction by all
levels of the general education community, including professionals and ancillary
personnel at all levels of general education and categorical education, as well as
parents, advocates, and the public (Heller & Schilit, 1987, p. l)
There are eight assumptions associated with REI, which that were recommended by the
Boca Raton participants. These are:

Student rights

The effort to make students with special needs a shared responsibility can take place
without changing student rights and parent rights that are guaranteed in Public Law 94-
142, Chapter 1, and other state and federal laws.

Support from the education community

Support for making education for students with special needs a shared responsibility
comes from general education, from all specialized areas of education, from higher
education, and from parents of all children.
 Partnership

In order to improve the quality of instruction for students in the target

population, general education, specialized areas of education, and support
services will join in partnership.

Attitudes

Students in the target population who are appropriately placed in general

education classrooms with students who achieve at or above the average are
those who are able to perform socially, academically, and behaviorally in
general education without experiencing social, academic, or behavioral
stigmatization and isolation in that setting.
 Student grouping

Students in the target population can be grouped together for instruction in general education
classrooms with students who achieve at or above the average.

 Curriculum

The curriculum of general education is appropriate for students whose learning and behavior
patterns encompass a wide range of variance.

 Instruction

The instructional methodologies of general education teachers are appropriate for students
whose learning and behavior patterns vary from general education norms.
Classroom structure

Restructuring of the general education classroom is vital in meeting

the needs of students whose learning and behavioral patterns vary
from the general education norm.

Assessment

Erroneous identification or non-identification of students can be

minimized (Heller & Schilit, 1987, pp. 3-4).
1988
The US Congress passed the Jacob Javits Gifted and Talented Students Education Act.
In the words of Congress: . unless the special abilities of gifted and talented students are
recognized and developed during their elementary and secondary school years, much of
their special potential for contributing to the national interest will be lost."
The Act also reestablished the Office of the Gifted and Talented (Smith & Luckasson,
1995, p. 313).

In Homeward Bound v. The Hissom Memorial Center, it was said that "all persons must
be involved in and carry the responsibility for the decisions that affect their lives,"
(Hardman et al., 1990, p. 29).
 1989
Chris Burke became the first television star with mental retardation in the U.S., (and
possibly the world). He played Corky, the mildly retarded son who goes to mainstream
high school classes in Life Goes On.

The case of Timothy W. v. Rochester (New Hampshire) School District was a

reaffirmation of the principle of zero-reject principle.
First Circuit Court of Appeals established entitlement to free and appropriate public
education, regardless of the severity of the child's disability.
IDEA interpreted to mean all students; i.e., these students do not have to demonstrate an
ability to benefit from special education. Education is defined broadly to include
instruction in functional skills (Gargiulo, 2003, p. 46).
The issue in the case of Daniel R.R. v. State Board of Education was class placement. Fifth
Circuit Court of Appeals held that segregated class was an appropriate placement for a student
with Down syndrome. Preference for integrated placement viewed as secondary to the need for
an appropriate education. The Court established a two-pronged test for determining compliance
with the least restrictive environment (LRE) mandate for students with disabilities:

First, it must be determined if a pupil can make satisfactory progress and achieve educational
benefit in the general education classroom through curriculum modification and the use of
supplementary aids and services.

Second, it must be determined whether the pupil has been integrated to the maximum extent
appropriate.

The ruling affects LRE cases in Louisiana, Texas, and Mississippi, but has become a benchmark
decision for other jurisdictions as well (Gargiulo, 2003, P. 46).
1990
P.L. 101-336 The Americans with Disability Act was signed into
law on July 26, 1990 by President George Bush. He stated:

Today, America welcomes into the mainstream of life all people

with disabilities. Let the shameful wall of exclusion finally
come tumbling down. (Gargiulo, 2003, p. 49)
One of the most important changes introduced was the use of "person first" terminology
such as the following:

1) "children" was replaced by "individuals“

2) "handicapped" was replaced by "with disabilities“

The key elements of these amendments to P.L. 94-142 were:

1. new categories of autism and traumatic brain injury (TBI) were added, to be served
with increased collaboration among all special education teachers, classroom teachers,
and related services personnel; and

2. more emphasis was placed on requirements to provide transition services for students
sixteen years of age and older (Dettmer, Thurston, & Dyck (1993, p. 8).
1992
The passage of R.A. 7277 in the Philippines, commonly referred
to as the Magna Carta for Disabled Persons, affirmed the full
participation and integration of persons with disabilities in the
mainstream of society.
Chapter 2, Section 12, calls on the state to ensure access of
persons with disabilities to quality education and opportunities to
develop their skills through education, vocational, and technical
courses, and other training programs (Yap, 2008, P • 13).
1994
World Conference on Special Needs Education: Access and Quality was
held in Salamanca, Spain, on June 7-10, 1994. More than 300 participants
representing 92 governments and 25 international organizations met to
further the objective of education for all by considering the fundamental
policy shifts required to promote the approach of inclusive education
(The Salamanca Statement and Framework of Action on Special Education,
1994; underlining provided).

The Philippines is a signatory to the Salamanca Statement.

Among the issues presented in the Salamanca Statement is the recommendation to change
the way we think about special education, in New Thinking in Special Education, the
Statement reads:

The trend in social policy during the past two decades has been to promote integration and
participation and to combat exclusion, Inclusion and participation are essential to human
dignity and to the enjoyment and exercise of human rights.

It is within this context that those with special educational needs can achieve the fullest
educational progress and social integration. While inclusive schools provide a favourable
setting for achieving equal opportunity and full participation, their success requires a
concerned effort, not only by teachers and school staff, but also by peers, parents and
volunteers.
 P.L. 105-17: Individuals with Disabilities Education Act
Amendments of 1997 identified the following thirteen

1997 categories of disability (Gargiulo, 2003,

 autism
 emotional disturbance
 deaf-blindness
 specific learning disabilities
 hearing impairments and deafness
 speech or language impairments
 mental retardation
 visual impairments and blindness
 multiple disabilities
 developmental delay
 orthopedic impairments
 other health impairments
 traumatic brain injury
Individuals with Disabilities Education Act (P.L. 105-17) was also reauthorized, providing major retooling
and expansion of services for students with disabilities and their families (Gargiulo, 2003, p. 21). Transition
services were specifically mandated by PL. 105-17. These services are a coordinated set of activities for a
student with disability that:

a. is designed within an outcome-oriented process, which promotes movement from school to post-school
activities, including postsecondary education, vocational training, integrated employment (including supported
employment), continuing and adult education, adult services, independent living, or community participation;

b. is based upon the individual student's needs, taking into account the student's preferences and interests;

c. and includes instruction, related services, community experiences, the development of employment and
other post-school adult living objectives, and when appropriate, the acquisition of daily living skills and
functional vocational evaluation. ((20 U.S.C. 1401 Sec. 602 cited by Gargiulo, 2003, p. 34)
Mc Lean and Bailey Jr. (2004) noted the changes in "IDEA '97," which reauthorized IDEA and
reformatted Parts A-H into Parts A-D:

1) Part A provides general provisions of the law including definitions.

2) Part B provides the requirements for providing special education and related services for children 3
years through 21 years of age.

3) Part C provides the requirements for services for infants and toddlers with disabilities from birth to age
3.

4) Part D includes provisions for federal funding for discretionary programs including grants for research,
personnel preparation, model demonstration, technical assistance, parent training and information
centers, and State Program Improvement Grants.
1998
The Association for Science in Autism Treatment (ASAT) was founded
by parents and professionals.
Its mission is to disseminate accurate, scientifically sound information
about autism and treatments for autism and to improve access to
effective, science-based treatments for effective education, community
acceptance, needed services, and the rights of individuals with
disability (Heward, 2009, p. 91).
 The No Child Left Behind Act of2001 was passed, reauthorizing the

2001 Elementary and Secondary Education Act (ESEA)—the principal

federal law in the U.S. affecting education from kindergarten through high
school. President Bush described this law as "the cornerstone of my
administration."
Signed in 2002, No Child Left Behind Act is a landmark in education
reform designed to improve student achievement and change the culture
of America's schools through:

1. accountability for results

2. an emphasis on doing what works based on scientific research

3. expanded parental options and

4. expanded local control and flexibility (U.S. Department of Education'

2003)
2004
On December 3, 2004, President Bush signed into law the Individuals with
Disabilities Education Improvement Act of 2004, reauthorizing IDEA and aligning
the law with the goals and purpose of No Child Left Behind.

Under the IDEA 2004 reauthorization, most students with disabilities are expected
to take standard tests of academic achievement and to achieve at a level equal to that
of students without disabilities (Hallahan & Kaufman, 2006, p. 290.
The Improving Education Results for Children with Disabilities Act, which reforms the
Individuals with Disabilities Act (IDEA) contains many advantages for students with disabilities.
Among the changes sought for and obtained by the Council for Exceptional Children were:
 1) ensuring that students with disabilities are included in accountability systems;
 2) reducing the special education paperwork burden by deleting short-term objectives and
benchmarks from IEPs (except for students who take alternate assessments), initiating a 15-
state paperwork demonstration project, piloting the multi-year IEP, and reducing the number
of times the procedural safeguards notice is given to parents annually;
 3) establishing methods to reduce the number of students from culturally and linguistically
diverse backgrounds who are inappropriately placed in special education; and
 4) ensuring that discipline provisions for students with disabilities continue to protect the
rights of these students to a free, appropriate public education (http://www.cec.sped.org,
retrieved 2/12/2008).
An Internet report from the U.S. government indicated that under the No
Child Left Behind Act, access for students with disabilities was guaranteed
but academic achievement was not.
An "achievement gap" grew, aggravated by what President George Bush
called the "soft bigotry of low expectations."

The Act committed the nation to ensuring that all students can read and
do math at grade-level proficiency by 2014, with states assessing students
annually to ensure continuous progress.
Since the No Child Left Behind Act, the following results were reported:
1. 95% of students with disabilities are participating in state reading
assessment (2003-2004)

2. Students with disabilities are receiving more classroom time and

attention.

3. Reading scores for 4th graders with disabilities increased more than 20
points between 2000 and 2005—four times greater than their peers,

4. The achievement gap between students with and without disabilities

declined by a third (from 50 to 32 points).
The following chronology summarizes the changes made to the landmark legislation, P.L. 94-142,
now known as Tie Individuals with Disabilities Education Act:

1975 Public Law 94-142, The Education of the Handicapped Act

1986 Public Law 99-457, amending P.L. 94-142

1990 Public Law 101-476 reauthorized the Education ofAll Handicapped Children Act (P.L. 94-
142) and renamed it the Individuals with Disabilities Education Act (IDEA)

1991 Public Law 102-119 reauthorized and extended Part H of P.L. 99-457 and amended both Part
H and Part B, Section 619

1997 Public Law 105-17 reauthorized IDEA, changed Part H to Part C, increased expectations for
children with disabilities.

2004 IDEA Improvement Act

2006
On December 30, 2006, the United Nations General Assembly
adapted the Convention on the Rights of Persons with
Disabilities (CRPD). Considered the first Human Rights
Treaty of the 21st century
Thirty years ago, Ignacy Goldberg voiced her concern:

We desperately need a reflective period and that in addition to innovation,

special education should begin to crystallize their concepts for the next 200 years
(I. Goldberg cited by Aiello, 1976, p. 252)