Special Education Legislation Research Articles

Adapted Physical Activity Scholarship: Evolving From Corrective to Inclusion and Anti-Ableist

Kinesiology and adapted physical activity (APA) share a common history rooted in the medical model approach to physical activity, movement, and the human body. The evolution of APA was influenced by these early roots and later by special-education legislation, sensory-motor perspectives, inclusion movement, and the disability-rights movement. Originally identified as adapted physical education, APA emerged as a professional field and an academic discipline. Since the 1950s, the research and scholarship has increased and cuts across the specialization areas (subdisciplines) of kinesiology. The multidisciplinary nature of APA scholarship has also reached beyond the discipline of kinesiology informed by disability studies and sociology. Reflection about APA and kinesiology reveals the ableist nature of the medical model, which informed early professional practice and scholarship. Thus, it is critical that APA and kinesiology engage in anti-ableist scholarship to better understand human physical activity and movement inclusive of individuals with disabilities.

Children with autism in the Greek educational system: ongoing challenges during the COVID-19 pandemic.

The inclusion of children with autism spectrum disorder (ASD) in typical educational settings has only recently gained momentum in Greece, responding to the recommendations of the international conventions. Reform of special education legislation spotlights the inclusion of children with autism in mainstream schools. The principal goal is to accept the diversity and heterogeneity of all students. This paper presents the educational policy for children with ASD in Greece and comments on teachers' perceptions of inclusion. School closures due to the COVID-19 pandemic had an adverse impact on children's lives and created a new environment with different demands for educational inclusion.

ESTABLISHING US LEGAL GUARANTEE OF SPECIAL EDUCATION AT THE EARLY AND PREPARATORY STAGES

The article emphasizes that the legal factor plays the major role among the other leading factors determining the development of special education in the country, because it garantees the social transformations of a certain historical period.An analysis of the content of the laws adopted by the US Congress between 1798 and 1974 to improve the welfare and guarantee the democratic rights and freedoms of persons with disabilities, including the right to education, is the aim of the article. The chronological table, which identifies the historical periods of the adopted legislation for legal support of the US special education system, is compiled. The six periods of development of the US legislation on special education are identified as following: early, introductory, revolutionary, progressive, reformatic, and postmodernistic. The role of the early and introductory periods of the US legislation development for creation of the necessary legislative prerequisites for the current system of special education in the United States is highlighted. Features of the early and introductory periods of special education legislation development in the USA are described in details. It is noted that at the early period (before 1964) the first episodic laws were passed, which introduced a small aid or rehabilitation program for a wide range of people, including the elderly, the blind, children with mental and physical disabilities, and established separate rules for training teachers to work with students with special educational needs. The introductory period (1965-1974) was marked by the first serious steps to make life easier for people with disabilities. There were some challenging innovations in the introductory period: the prohibition of discrimination on the basis of psychological or physical disabilities, the guarantee of the right to education, the provision of related services and its financing, and the mandatory involvement of parents in the educational process. “The Elementary and Secondary Education Act” was the key legal regulator of preschool and secondary education to establish the need for teaching students with special educational needs and compiling special instructional resources for them.

SPECIAL EDUCATION TEACHERS’ ATTITUDES TOWARDS DEVELOPING INDIVIDUALIZED EDUCATION PROGRAMS AND CHALLENGES IN THIS PROCESS

Individualized education programs (IEP) are special education programs which is prepared for achieving targetted goals for individuals with special needs based on their developmental characteristics, educational performances and needs and includes support educational services for them. It is really important to prepare IEP’s based on the current performance level and needs of the individuals with special needs. Accordingly, it is considered that attitudes of special education teachers towards IEP development process and challenges that they experience in this process are important in terms of the effectiveness of IEP’s within the scope of this research. Therefore, aim of the present study is to determine the attitudes of teachers working at special education centers in Turkish Republic of Northern Cyprus (TRNC) and challenges that teachers experience during this process. A total number of 65 teachers working at special education centers in TRNC participated in this study. “Attitudes towards the IEP Development Process Scale” and “Challenges faced during IEP Development Process Scale” were used to collect the data of the study. Results have been discussed with the relevant findings from literature and conclusions and recommendations have been provided for further research and special education legislation and practices implemented in TRNC.
 Keywords: individualized education programs (IEP), IEP development process, attitudes, challenges, special education teachers

Raising Autism Awareness among Greek Teachers

A recent special education legislation reform in Greece puts emphasis on the inclusion of pupils with special educational needs into mainstream schools. The purpose of the present study was to investigate knowledge of ASD among 67 mainstream nursery and primary classroom teachers, and evaluate the effectiveness of a half-day ASD awareness seminar in increasing their knowledge of the disorder. A self-report ASD Knowledge Questionnaire (ASD-KQ), developed for the purpose of this study, was used before and after the ASD awareness seminar. The results indicated a significant shift from low to moderate/high level of ASD knowledge among teachers with no previous training in special education and/or autism (58.7%), whereas this shift did not reach significance level in the teacher’s group with previous training (16.7%) after the seminar. The present findings have important implications for the development of training programmes of practising teachers.

School Psychologists' Management of Administrative Pressure to Practice Unethically

ABSTRACTIn their role as child advocates, school psychologists strive to promote policies and practices that increase the availability of necessary academic and mental health services and enhance the well-being of children. However, administrative pressure to disregard ethical and legal mandates in favor of decisions that would prioritize the needs of the employing agency creates a serious dilemma for practitioners. This study examined school psychologists' self-reported adoption of strategies for managing administrative pressure to practice unethically, as well as practitioners' perceptions regarding the effectiveness of various approaches. Participants most frequently reported handling administrative pressure by soliciting advice and emotional support from colleagues and educating administrators about ethical and legal mandates governing school-based practice. Similarly, enlightening administrators about ethical guidelines, special education legislation, and best practices was the approach most commonly perceived as effective in resisting unethical administrative directives, followed by maintaining open channels of communication and working towards compromise. The results of this investigation are used to offer recommendations for the successful management of administrative pressure by school psychology practitioners.

The Comparison of Early Childhood Special Education System in Turkey with in Hungary, Italy and Romania

In this research early childhood special education services in Turkey were compared with special education services in Hungary, Romania and Italy. Document scanning method was used in this research. According to the findings equality in education is in the forefront in early childhood special education legislation of countries. In previous studies it it was found that some studies were done such as Montessori in Italy, Portage and Little Steps Early Education Programme in Turkey, Special Need in the Classroom Project in Romania under favour of Salamanca Conference and in Hungary disabled children were found out by application of questionnaires in education conditions. In special education early childhood education systems Romania, Hungary and Italy use “inclusion” education system and in addition “integred” education system is used in Hungary. In Turkey besides individualized education programme, inclusion system is used. In general despite the education system of these four countries are the same, they use inclusion herewith.

Age-related trends in treatment use for children with autism spectrum disorder

Numerous and increasing treatment options face parents of children with autism spectrum disorder (ASD). This study sought to elucidate age-related trends in treatment use among children with ASD from the Simons Simplex Collection (SSC; n=2758). Our goals were to: (a) explore frequencies of use for various treatment types between preschool and adolescence, and (b) statistically compare rates of treatment-type use by children of different ages. Results indicated high reliance on school-based treatments (e.g., speech and occupational therapies), though use of these types of treatments decreased with age. Use of most treatment types peaked during the preschool years and decreased with age, except psychotropic medication, which was used more by older children. A stable proportion of the sample across ages endorsed biomedical treatments (i.e., complementary alternative medicine; CAM). Percentages of treatment-type use at three different ages (representing early childhood, middle childhood, adolescence) via Pearson chi-square analyses indicated significant associations (α<.006) between age and use of these treatment types: private and school-based speech, private and school-based occupational therapy, intensive behavioral treatment, and psychotropic medication. Results are considered within an ecological-behavioral framework to offer potential explanations for age-related differences in treatment use (e.g., family factors, special education legislation).

The Implementation of New Special Education Legislation in Finland

This article examines the implementation of new special education legislation in Finland among students with significant disabilities. The data consist of a nationwide survey and field observations. In the analysis, a policy implementation framework is utilized as a theoretical lens. The findings suggest that schools and municipalities that had participated in long-term development projects had more capacity and willingness to reform special education practices substantially, suggesting that learning in one policy area can transfer to other domains across multiple levels of national and local governments. The key findings highlight the significance of professional trust as a policy instrument in implementation.

How Building Principals Made Sense of Free and Appropriate Public Education in the Least Restrictive Environment

Confusion among school leaders regarding how to interpret and implement special education legislation, and specific federal and state policies and mandates such as a free and appropriate public education (FAPE), in the least restrictive environment (LRE) at the school-site level has existed since the 1970s and continues to exist. This metasynthesis explores the literature surrounding sensemaking by which building principals adapt and transform policy as they enact it in their schools. Findings suggest that a phenomenon of internal forces had a more significant influence on the actions that took place throughout their sensemaking of LRE and FAPE.

Challenging pre-service teachers’ understanding of the intersection of disability and cultural diversity

Despite America’s increasingly diverse classroom membership, new teachers, who continue to be primarily Caucasian middle-class females, are provided with few opportunities to develop a depth of understanding of cultures other than their own. To further complicate matters, many P-12 students are students determined to have disabilities. Since the inception of special education legislation in the 1970s, concerns were raised about the overrepresentation of students of color in special education (Dunn, 1968) and these concerns persist today (Donovan & Cross, 2009). In an effort to address these issues, the National Council for Accreditation of Teacher Education Standards (NCATE, 2008) and individual state agencies such as the Colorado’s Department of Education (CDE), have outlined a number of performance-based standards and professional dispositions required of educators. This paper explores and evaluates a variety of learning activities we have used in teacher preparation with the intended outcome of developing our students’ culturally responsive teaching and supporting their understanding of the complexities involved with the overrepresentation of students of color in special education.

2008 April English Leadership Quarterly, v30.4

In this issue on The English Language Arts and Special Education, readers will find background information on the legal aspects of special education legislation and some important terms that English language arts teachers need to know; a discussion on how special education and content area teacher education programs can work together to provide preservice and classroom teachers with programmatic experiences that prepare them to work with students with special needs in regular and inclusion classrooms; and a glimpse into what effective instruction might look like in an inclusion classroom. Also included is a review of Making Inclusion Work: Effective Practices for ALL Teachers by John R. Beattie, LuAnn Jordan, and Robert Algozzine.

Response to Intervention and Emotional and Behavioral Disorders

Students with emotional and behavioral difficulties are often unserved or underserved by schools and by mental health systems. One reason for the underidentification of these students is the current and past definitions of emotional disturbance (ED) specified in federal special education legislation (IDEA and IDEIA). These definitions are vague, illogical, and self-contradictory, leading to the wide variability among states in prevalence rates of this disability. The author proposes an alternative approach to defining ED based on response to intervention (RTI). RTI provides the basis for changing, intensifying, and withdrawing interventions for students' emotional and behavioral difficulties. He describess advantages and best practices in using RTI, and provides a discussion of early identification and screening procedures for students who are at risk for ED.

An Analysis of Accountability Policies in Finland and the United States

This study examines student achievement and prevalence of students with disabilities in Finland and the United States (U.S.), by analysing international test scores, national reports, and special education legislation. The variables of interest include institutional design of each country, resources invested in and values surrounding public education, disability policies, and student diversity. Our findings indicate that the quality of the teaching profession, access to materials, intensive early interventions, equitable resource distribution, and values grounded on equity versus access are related to both student achievement and the prevalence of students with disabilities. We discuss implications of institutional arrangements and early intervention for policy formulation.

Profiles of Children Served in Early Intervention Programs for Behavioral Disorders

Special education legislation has placed an increased emphasis on early intervention programs for children at risk for early literacy delays and behavioral disorders. Given this trend, it is important to understand the characteristics of students identified and served in at-risk programs. This study presents the findings from a cluster analysis on the early literacy and behavioral characteristics of 195 children screened at risk for behavioral disorders served in an early intervention program. Clustered variables included behavioral measures from the Early Screening Project (ESP; Walker, Severson, &amp; Feil, 1995), Systematic Screening for Behavior Disorders (SSBD; Walker &amp; Severson, 1992), and measures of early reading development from the Woodcock Reading Mastery Tests—Revised (WRMT-R; Woodcock, 1998). Split-half procedures and external criteria were used to validate results. Five distinct subgroups were revealed: Broad Risks, Academic Achievers, Primarily Behavior, Primarily Academic, and Extreme Behaviors. Results indicate heterogeneous characteristics and clear areas of behavioral and early reading risk between subgroups within the greater sample. Implications, limitations, and future research are discussed.

Assessment and Students with Disabilities: Issues and Challenges with Educational Reform

The No Child Left Behind (NCLB) Act seeks to correct achievement gaps that are most prevalent among students in specific subgroups including those with disabilities, linguistic and cultural diversity, and representing economic disadvantage. The reauthorization of federal special education legislation through the Individuals with Disabilities Education Improvement Act (IDEIA) has moved to align the accountability for learners with disabilities with the guiding principles of NCLB. This paper examines the challenges of adequately assessing these learners in a manner that preserves the individualized nature of educational supports and services while focusing on the desired learning and results that are expected by education policy through accountability mandates. In this lens of increased scrutiny for results accountability, the issues of eligibility for services, summary of performance, and transition services are analyzed and aligned with these policy expectations with particular consideration given to rural impact. The emerging focus on early intervening services and assessing learners identified as at risk for school failure promotes practices that are aligned with academic and behavioral success for all learners. A summary of recommendations is provided on assessment related factors for rural school teachers and administrators.

Effects of the Self-Directed IEP on Student Participation in Planning Meetings

Although federal special education legislation and the self-determination movement have promoted and increased students' attendance at their Individualized Education Program (IEP) meetings, students' active involvement in the IEP process remains limited. This study used the Self-Directed IEP with five students identified with a variety of disabilities to increase participation in their IEP meetings. The results indicated a functional relationship between the implementation of the Self-Directed IEP and increased student participation in IEP meetings. Furthermore, students were able to generalize their newly acquired skills to their real IEP meetings.

Inclusive education: Ireland's education provision for children with special educational needs

The concept of inclusive education is a relatively new phenomenon within the Irish education system, with considerable developments in government policy only occurring since the early 1990s. These developments are aiming to advance special education provisions and legislation for individuals with disabilities and special educational needs (SEN). This increased attention is illustrated by the Special Education Review Committee (SERC) report, the report of the Government Commission on the Status of People with Disabilities, A Strategy for Equality (1996), the National Council for Curriculum and Assessment (NCCA) Discussion Document (1999), Special Educational Needs: Curriculum Issues, the Education Act, the Equal Status Act and the recently published Education for Persons with Special Educational Needs Bill and the Disability Bill (2004). However, despite these advancements in SEN developments, it can be argued that the Irish government and education system still fall short of providing a rights-based education to all children with a disability or SEN in the state. This article discusses the educational provision for children with SEN from 1990 to 2004.

The Promise of New Learning Environments for Students With Disabilities

With fixed, uniform learning materials, teachers are left with the burden of individualizing instruction by providing supplementary adaptations or accommodations for students with special learning needs. Unfortunately, few teachers have either the time or expertise to adequately adapt the curriculum materials to meet the diverse needs of their students. The new view of curriculum and instruction that is a key feature of Universal Design has the potential to improve outcomes for all learners. For the first time in the history of federal special education legislation, the appropriateness of core instructional textbooks to meet the needs of students with disabilities is being addressed. This initiative creates the foundation for expanding learning alternatives to every student with a disability, and even to those students who might simply prefer to work with more flexible and supportive materials.

‘Teaching an inclusive classroom can be rather tedious’: an international perspective, Israel, 1998–2000

Inclusion of students with disabilities into regular classrooms has been practised on a voluntary basis in Israel for the past 30–40 years. Special education legislation passed in 1988 included as one of its touchstones the mandate to mainstream students with disabilities into regular classrooms to the maximum extent possible. The ‘Plan for Inclusion’ began in 1996 and since 2000 it has been implemented in schools all over Israel.