Endrew and FAPE: Concepts and Implications for All Students With Disabilities

2019 ◽  
Vol 45 (1) ◽  
pp. 177-198 ◽  
Author(s):  
James M. Kauffman ◽  
Andrew L. Wiley ◽  
Jason C. Travers ◽  
Jeanmarie Badar ◽  
Dimitris Anastasiou

The opinion of the Supreme Court of the United States in the Endrew case has implications for the education of all students with disabilities. Implications for several categories of disability are discussed: those with autism spectrum disorder and those with disabilities often considered high incidence, particularly those placed for a significant portion of their school day in general education. The aspects of the Individuals with Disabilities Education Act most relevant to the Endrew case are also compared with Article 24 of the United Nations’s Convention on the Rights of Persons with Disabilities. The opinion in Endrew may affect the course of special education and the role of behavior modification in meeting the needs of all students with disabilities.

Inclusion ◽  
2017 ◽  
Vol 5 (2) ◽  
pp. 83-93 ◽  
Author(s):  
Mary E. Morningstar ◽  
Jennifer A. Kurth

Abstract Reauthorization of the Individuals with Disabilities Education Act (IDEA) in 2004 established procedural mandates and accountability requirements ensuring all students with disabilities participate and progress in general education curriculum. Broadly speaking, improvements toward greater access have been found for many students with disabilities; however, the extent to which this holds true for students with extensive and pervasive support needs is not evident. Past research associated with least restrictive environment (LRE) for students with extensive and pervasive support needs was considered when replicating previous research using the cumulative placement rate to analyze LRE data for students with extensive and pervasive support needs (autism, intellectual disability, deaf blindness, and multiple disabilities). Results indicate that student with extensive and pervasive support needs have substantially less positive LRE placement trends over the past 15 years with most placed in separate classrooms and settings. Recommendations for transforming federal and state policies and procedures are shared.


2022 ◽  
Vol 12 (1) ◽  
pp. 35
Author(s):  
Michael A. Schwartz ◽  
Brent C. Elder ◽  
Monu Chhetri ◽  
Zenna Preli

Members of the Deaf New American community reported they arrived in the United States with no formal education, unable to read or write in their native language, and had zero fluency in English. Efforts to educate them have floundered, and the study aims to find out why and how to fix the problem. Interviews of eight Deaf New Americans yielded rich data that demonstrates how education policy in the form of the Individuals with Disabilities Education Act (IDEA) and other laws fail to address their needs, because these laws do not include them in their coverage. The study’s main findings are the deleterious effect of the home country’s failure to educate their Deaf citizens, America’s failure to provide accessible and effective instruction, and the combined effect of these institutional failures on the ability of Deaf New Americans to master English and find gainful employment. This article is an argument for a change in education policy that recognizes the unique nature of this community and provides for a role of Deaf educators in teaching Deaf New Americans.


Author(s):  
Patricia Findley

The role of disability rights has developed and evolved over the course of the United States’ history. The definition of disability has broadened as well as the pursuit for equal treatment, inclusion, and more accessible environments. Key pieces of legislation such as the Mental Retardation Facilities and Community Mental Health Centers Construction Act, the Rehabilitation Act, the Individuals with Disabilities Education Act, and the Americans with Disabilities Act demonstrate a course of steps toward these more empowering themes of independence for those with disabilities. Disability advocates are strong in their message of “nothing about us, without us.” The disability rights movement helped to propel culture shifts and has promoted inclusion of individuals with disabilities. Despite the intention of disability policy to move the nation to more accessible, inclusive, and less discriminatory environments, more work is still needed to support the rights of those with disabilities.


2021 ◽  
pp. 074193252110636
Author(s):  
Michael F. Giangreco ◽  
Robert C. Pennington ◽  
Virginia L. Walker

Although behavior analytic practices have been widely applied in schools to support students with disabilities, there remains limited guidance concerning utilization of these practices in inclusion-oriented schools and, more specifically, the role of the Board Certified Behavior Analyst in the provision of related services. The goal of this article is to encourage discussions among stakeholders hopefully leading to a clearer conceptualization and more effective utilization of behavior analytic practices in inclusion-oriented schools. In addition to discussing the conceptualization of behavior analytic services as a related service and the role of both Board Certified Assistant Behavior Analysts and Registered Behavior Technicians as paraprofessionals under the Individuals with Disabilities Education Act, we provide a set of guidelines for related services decision-making practices useful within a collaborative teamwork framework, including behavior analysts, and offer areas for future research.


2020 ◽  
pp. 016264342092306
Author(s):  
Kathryn Nieves

With emphasis placed on the least restrictive learning environments under the Individuals with Disabilities Education Act (IDEA), students with disabilities are often placed in general education classrooms. As a result, the discussion of inclusion strategies has increased in special education. The rise in 1:1 device initiatives offers the inclusionary practice of giving all students within a school access to their own device, with Google’s Chromebook and Apple’s iPad being among the most common device choices. This article explains the potential uses of 1:1 devices for students in inclusion settings, including built-in accessibility features and implementation strategies for educators.


2018 ◽  
Vol 41 (1) ◽  
pp. 18-27 ◽  
Author(s):  
Allison F. Gilmour ◽  
Gary T. Henry

The Individuals with Disabilities Education Act stresses the importance of educating students with disabilities (SWDs) in the least restrictive environment, often with peers who do not have disabilities. Prior research has examined the extent to which SWDs are included in general education classrooms, but not the characteristics of the peers with whom SWDs are educated. We examined the math classmates of fourth- and fifth-grade SWDs from one state. On average, SWDs were grouped with twice as many other SWDs, about four per class, than students without disabilities. Students with learning disabilities had fewer peers with disabilities in their classrooms than students with other disabilities. Students with intellectual disabilities, autism, or emotional/behavioral disorders more often had peers with disabilities, often their same disability. Our results provide directions for future research regarding peer effects and understanding how schools group SWDs.


2017 ◽  
Vol 84 (2) ◽  
pp. 124-140 ◽  
Author(s):  
H. Rutherford Turnbull ◽  
Ann P. Turnbull ◽  
David H. Cooper

In this article, we analyze the Supreme Court’s decision in Endrew F. v. Douglas County School District RE-1 (2017), interpreting the Individuals with Disabilities Education Act (IDEA) and its provisions creating a right of every student with a disability to have an appropriate education. We compare the Endrew decision with IDEA and the Court’s previous appropriate education decision, Board of Education of the Hendrick Hudson Central School District v. Rowley (1982), on four key concepts: educational program, reasonably calculated, progress, and child’s circumstances. We discuss the case’s implications for systems capacity development and interpret Endrew as a narrative about students’ ethical claim to dignity.


2015 ◽  
Vol 32 (2) ◽  
pp. 115
Author(s):  
Stephen A Rosenbaum

In this essay, disability practitioner and scholar Stephen Rosenbaum proposes a radical change in the United States administrative adversarial adjudicatory process for resolution of “special” education disputes between educators and students with disabilities, looking for inspiration in part to Canada and the Commonwealth’s use of an inquisitorial approach. Typically, the dispute is over whether the students—termed “les enfants en difficulté” in French-speaking Canada—are receiving an appropriate array of instructional interventions and services. Adversarial adjudication has had many critics over the years. Asking a judge to weigh the parent (or student’s) preferred options under the U.S. Individuals with Disabilities Education Act [IDEA] against those of the school administration may not be the optimal method for designating a pupil’s educational program—nor a good use of time and money.  The author’s blueprint calls for replacing the IDEA due process hearing with another model in instances where the family and school authorities disagree about the components of a student’s instructional program. Under current law, the hearing is typically conducted by an administrative jurist in which the parties present evidence, expert testimony and argument, if they have been unable to resolve their disagreement at a school-based team meeting, mediation or some other informal conference. In the proposal presented here, disagreements would instead be reviewed by a “special master” whose expertise is in education or disability rather than law. Through a process of problem-solving or “active adjudication,” the master (or “independent educational reviewer”) would attempt to quickly resolve the dispute over appropriate placement, instructional strategies and/or services. The master could hold a conference, conduct a hearing or brief investigation, receive more documents, consult with experts or correspond in some other mode with the parties. The master’s determination would be subject to judicial review in limited circumstances. Dans le présent essai, Stephen Rosenbaum, avocat et universitaire spécialisé en matière d’éducation et de la situation de handicap, s’inspire en partie de l’approche inquisitoire suivie au Canada et au Commonwealth pour proposer une modification radicale du processus contradictoire qu’utilisent les instances administratives américaines pour résoudre les différends opposant les éducateurs et les élèves avec les incapacités intellectuelles ou psycho-sociales. Habituellement, le différend porte sur la question de savoir si les élèves, appelés « les enfants en difficulté » dans le Canada francophone, reçoivent un éventail approprié de services d’aide et d’intervention en matière d’éducation. Le processus contradictoire a été décrié à maintes reprises au fil des années. Demander au juge de soupeser les options que privilégient les parents (ou les élèves) en application de la loi des États-Unis intitulée Individuals with Disabilities Education Act [IDEA] par rapport à celles de l’administration scolaire n’est peut-être pas la meilleure façon de procéder pour élaborer le programme d’éducation d’un élève, et ne représente pas non plus une bonne utilisation des ressources.L’auteur propose de remplacer l’audience équitable prévue par l’IDEA par un autre processus dans les cas où la famille et les autorités scolaires ne s’entendent pas sur le contenu du programme d’éducation d’un élève. Selon la loi actuellement en vigueur, l’audience est habituellement conduite par un juriste administratif devant lequel les parties présentent des éléments de preuve, des témoignages d’expert et des arguments, si elles ont été incapables de régler leur différend lors d’une rencontre, d’une séance de médiation ou d’une autre conférence informelle avec une équipe pluridisciplinaire de l’école. Dans le modèle proposé ici, les désaccords seraient plutôt examinés par un « special master » (conseiller spécial) qui serait spécialisé en matière d’éducation ou de la situation de handicap plutôt qu’en droit. Dans le cadre d’un processus axé sur la résolution de problèmes ou sur l’« arbitrage actif », le conseiller (ou l’« examinateur pédagogique indépendant ») s’efforcerait de régler rapidement le différend au sujet du placement ou des services ou stratégies pédagogiques qui conviennent. Le conseiller pourrait tenir une conférence, conduire une audience ou une brève enquête, recevoir d’autres documents, consulter des experts ou correspondre d’une autre manière avec les parties. La décision du conseiller serait susceptible de contrôle judiciaire dans des circonstances restreintes.


Author(s):  
Mokter Hossain

Being a country of diversity, the United States has had a long tradition of research and practices in special education in the form of inclusion. Since passage of the Education for All Handicapped Children Act (EAHCA) of 1975, now referred to as the Individuals with Disabilities Education Act (IDEA) of 2004, a free appropriate public education has been available to all children with disabilities. However, inclusion of students with disabilities into general education classrooms has taken decades to be considered appropriate practice. Controversies, research, and legislation have shaped a collaborative relationship between general and special education. A wide range of political, epistemological, and institutional factors have facilitated a more child-centered public education. This chapter presents an overview of current issues and practices in the inclusion of students with disabilities in the U.S. The topics include: historical background; public laws that led to successful inclusion; categories and prevalence, and identification strategies; and inclusion practices for students with mild-to-moderate and selective significant disabilities for providing them equal and appropriate educational experiences in the mainstream classrooms.


2017 ◽  
Vol 104 (2) ◽  
pp. 32-37 ◽  
Author(s):  
Alice-Ann Darrow ◽  
Mary S. Adamek

A number of initiatives in special education have occurred in the United States over the years, some mandated by amendments to the Individuals with Disabilities Education Act. Having a working knowledge of these initiatives allows music educators to have informed discussions with colleagues and parents and participate more fully in Individualized Education Program (IEP) meetings. Adopting special education practices that are appropriate to music education can also promote consistent and coordinated efforts on behalf of students with disabilities. This article includes summaries of current practices and initiatives in special education. For music educators who would like a basic understanding of their colleagues’ discipline, these summaries offer useful information that can facilitate the inclusion of students with disabilities.


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