Age of Majority in Special Education and the Compliance-Driven Denial of Student Dignity and Autonomy

2022 ◽  
pp. 420-435
Author(s):  
Charles B. Walters ◽  
Barbara Imle ◽  
Anthony J. Plotner
Keyword(s):  
Decision Making ◽  
Special Education ◽  
Students With Disabilities ◽  
Self Determination ◽  
Evidence Based Practices ◽  
Education Professionals ◽  
Student Autonomy ◽  
Education Act ◽  
Surrogate Decision ◽  
Age Of Majority

Ethical imperatives, the importance of self-determination, and evidence-based practices in transition direct special education professionals to ensure students with disabilities receive support that prepares them to exercise their rights as they approach adulthood. The Individuals with Disabilities Education Act (IDEA) includes mandates that address the process of transferring educational decision-making authority to students as they approach the age of majority. There is evidence, however, that indicates there are challenges with implementing such mandates as the use of surrogate decision-making mechanisms, such as guardianship, continue to be favored over less restrictive alternatives. This chapter outlines information for professionals seeking to support students as they approach the age of majority and encourages the use of strengths-based approaches, rather than approaches that center student deficits and IDEA compliance. This chapter emphasizes the importance of utilizing less restrictive alternatives to guardianship that promote student autonomy and self-determination.

Evaluating Claims to Avoid Pseudoscientific and Unproven Practices in Special Education

2016 ◽  
Vol 52 (4) ◽  
pp. 195-203 ◽  
Author(s):  
Jason C. Travers
Keyword(s):  
Special Education ◽  
Students With Disabilities ◽  
Empirical Evidence ◽  
Evidence Based ◽  
Conservative Approach ◽  
Intervention Effectiveness ◽  
Evidence Based Practices ◽  
Education Professionals ◽  
Special Education Professionals ◽  
Made In

Special education professionals are charged with using evidence-based practices, but various unproven, disproven, and pseudoscientific interventions continue to proliferate. Unproven and ineffective interventions emerge and are adopted for various reasons. Ineffective interventions are inevitably harmful and require professionals to adopt a conservative approach that both minimizes potential for harm and maximizes potential for educational benefit. This is fundamental to the evidence-based movement, but special education professionals may not recognize and avoid ineffective interventions. This article aims to improve recognition of potentially ineffective interventions by shedding light on aspects of science, pseudoscience, and some mistakes frequently made in evaluating claims of intervention effectiveness. By becoming familiar with the distinctions between science and pseudoscience, and by developing an understanding of how errors in thinking are used to promote and defend interventions unsupported by empirical evidence, special education professionals can better protect their students with disabilities from potential harms associated with ineffective practices.

Evidence-Based Practices for Music Instruction and Assessment for PreK–12 Students with Autism Spectrum Disorder

2019 ◽  
pp. 788-826
Author(s):  
Robyn Swanson
Keyword(s):  
Autism Spectrum Disorder ◽  
Special Education ◽  
Students With Disabilities ◽  
Universal Design For Learning ◽  
Autism Spectrum ◽  
Music Educators ◽  
Spectrum Disorder ◽  
Evidence Based ◽  
Evidence Based Practices ◽  
Students With Autism

This chapter addresses the use of evidence-based practices (EBPs) by special education practitioners in instruction and assessment while providing music educators guidance toward implementing these practices in instruction and assessment for students with autism spectrum disorder (ASD) within universal design for learning (UDL) inclusive classrooms. Included are behavioral characteristics of students with ASD that music educators need be cognizant of in inclusive settings; federal education laws and policies that have provided students with disabilities rights to a quality education; and selected special education EBP and accommodations deemed as viable interventions for teaching and assessing PreK-12 standards-based music curriculum for students with ASD. Music educators may determine the PreK-12 music assessments aligned to appropriate EBP and accommodations for students with ASD are beneficial resources when designing and implementing curriculum, instruction, and assessment linked to the 2014 National Core Arts (Music) Standards (NCAS) with supporting Model Cornerstone Assessments (MCAs).

Unpacking the Logic of Compliance in Special Education: Contextual Influences on Discipline Racial Disparities in Suburban Schools

2021 ◽  
pp. 003804072110133
Author(s):  
Catherine Kramarczuk Voulgarides ◽  
Alexandra Aylward ◽  
Adai Tefera ◽  
Alfredo J. Artiles ◽  
Sarah L. Alvarado ◽  
...  
Keyword(s):  
Special Education ◽  
Civil Rights ◽  
Students With Disabilities ◽  
Problem Behaviors ◽  
Organizational Structures ◽  
School Level ◽  
Social Force ◽  
Idea 2004 ◽  
Race And Racialization ◽  
Education Act

The Individuals with Disabilities Education Act ([IDEA] 2004; IDEA Amendments 1997) is a civil rights–based law designed to protect the rights of students with disabilities in U.S. schools. However, decades after the initial passage of IDEA, racial inequity in special education classifications, placements, and suspensions are evident. In this article, we focus on understanding how racial discipline disparities in special education outcomes relate to IDEA remedies designed to address problem behaviors. We qualitatively examine how educators interpret and respond to citations for racial discipline disproportionality via IDEA at both the district and the school level in a suburban locale. We find that educators interpret the inequity in ways that neutralize the racialized implications of the citation, which in turn affects how they respond to the citation. These interpretations contribute to symbolic and race-evasive IDEA compliance responses. The resulting bureaucratic and organizational structures associated with IDEA implementation become a mechanism through which the visibility of race and racialization processes are erased and muted through acts of policy compliance. Thus, the logic of compliance surrounding IDEA administration serves as a reproductive social force that sustains practices that do not disrupt locally occurring racialized inequities.

Legal Issues in Early Childhood Special Education

2021 ◽  
pp. 104420732110231
Author(s):  
Susan Larson Etscheidt ◽  
Stephanie L. Schmitz ◽  
Andi M. Edmister
Keyword(s):  
Special Education ◽  
Early Childhood ◽  
Students With Disabilities ◽  
Due Process ◽  
Transition Planning ◽  
Qualitative Content Analysis ◽  
Early Childhood Special Education ◽  
Educational Planning ◽  
Professional Collaboration ◽  
Education Act

Family and professional collaboration is beneficial to students, families, and educators. The importance of such collaboration was recognized for families of students with disabilities, resulting in provisions in the Individuals with Disabilities Education Act (IDEA) which ensure parental participation in educational planning. Despite the benefits of family and professional collaboration and IDEA mandate, many parents disagree with the educational planning decisions provided to their children and request due process hearings. Parents perceive a lack of opportunity to provide input and/or to disagree with schools’ perspectives. Parents of early childhood students report significant concerns about their child’s readiness for the transition to kindergarten and their limited role in transition planning as their children prepared to enter preschool programs. The purpose of this article was to examine the issues identified in parental complaints in early childhood special education (ECSE) through a qualitative content analysis of recent court cases. The results revealed six themes related to current issues in ECSE programs. We conclude with several recommendations for state policy makers to improve services in ECSE based on the DEC Recommended Practices.

A Systematic Review of Meta-Analyses in Special Education: Exploring the Evidence Base for High-Leverage Practices

2021 ◽  
pp. 074193252110634
Author(s):  
Gena Nelson ◽  
Sara Cothren Cook ◽  
Kary Zarate ◽  
Sarah R. Powell ◽  
Daniel M. Maggin ◽  
...  
Keyword(s):  
Systematic Review ◽  
Special Education ◽  
Students With Disabilities ◽  
Special Education Teachers ◽  
Evidence Base ◽  
Future Research ◽  
Evidence Based Practices ◽  
Intensive Instruction ◽  
Disability Categories ◽  
Meta Analyses

It is crucial that special education teachers are equipped with the knowledge and skills necessary to improve outcomes for students with disabilities. Despite federal legislation and efforts of the field to identify and disseminate evidence-based practices for students with disabilities, it is uncertain whether all special education teachers provide instruction based on the best available research. To better prepare special education teachers, McLeskey et al. proposed 22 high-leverage practices (HLPs). We conducted this systematic review of meta-analyses to provide an initial investigation of the experimental evidence reporting on the effectiveness of the HLPs for students with, or at risk for, a disability. Results indicated the largest amount of evidence from meta-analyses related to intensive instruction, explicit instruction, and social skills, with few meta-analyses reporting on collaboration and assessment. The results highlighted disproportional evidence according to disability categories. Implications for future research, practice, and teacher education are discussed.

Court Decisions and IDEA 1997 Compliance Issues that Affect Special Education Programs in Rural Schools

2000 ◽  
Vol 19 (1) ◽  
pp. 3-8 ◽  
Author(s):  
James O. Tate
Keyword(s):  
Special Education ◽  
Students With Disabilities ◽  
Rural Schools ◽  
School Administrators ◽  
Court Decisions ◽  
Education Programs ◽  
Use Of Resources ◽  
Idea 1997 ◽  
Special Education Programs ◽  
Education Act

This article reviews court decisions and compliance issues of the Individuals with Disabilities Education Act (IDEA) 1997, that impact rural public school special education programs. IDEA funding, alternative placement options, and qualitative standard requirements. Select elements of the IDEA 1997 Amendments are of particular importance to rural schools. Those elements are funding compliance requirements, changes in the identification and evaluation of eligible students with disabilities, and the qualitative standards required for providing special education and related services. Rural schools do not receive special compliance exemptions under the IDEA. The article presents court decisions in which litigation has produced guidelines for school administrators regarding use of resources, accommodations, modifications, and qualitative standards in rural special education programs.

Parents of Students with Disabilities and Open Enrollment: Characteristics and Reasons for Transfer

1994 ◽  
Vol 60 (4) ◽  
pp. 359-372 ◽  
Author(s):  
James E. Ysseldyke ◽  
Cheryl M. Lange ◽  
Deborah J. Gorney
Keyword(s):  
Decision Making ◽  
Special Education ◽  
Students With Disabilities ◽  
Open Enrollment ◽  
Decision Making Process ◽  
Sources Of Information ◽  
Special Education Needs ◽  
Education Needs

This study examines the characteristics of students with disabilities who participate in Open Enrollment (one of seven enrollment options available in Minnesota), the reasons they participate, and the sources of information and decision-making process involved with choosing another district. Surveys of 347 parents revealed three primary reasons for transferring their children: The child's special education needs being better met at the new district, more personal attention from the teacher, and dissatisfaction with the resident school. Other factors, such as disability category, parents' income, and location, were also analyzed.

An Alternative to Least Restrictive Environments: A Continuum of Support to Regular Physical Education

1992 ◽  
Vol 9 (2) ◽  
pp. 97-113 ◽  
Author(s):  
Martin E. Block ◽  
Patricia L. Krebs
Keyword(s):  
Special Education ◽  
Physical Education ◽  
Students With Disabilities ◽  
Regular Education ◽  
Adapted Physical Education ◽  
Full Time ◽  
Education Professionals ◽  
Regular School ◽  
Special Education Professionals ◽  
Levels Of Support

The concept of least restrictive environments (LRE), originally conceived by Deno (1970) and Reynolds (1962) to advocate for a range of special education placements for children with disabilities, has become synonymous with a continuum of physical education placement options for students with disabilities. Many models have been presented over the years. Options range from full-time regular physical education in a regular school to full-time adapted physical education in a special school or facility, with various placement options in between. The emphasis of these models is on varying the placement to meet the needs of the student with disabilities. Taylor (1988) has identified several flaws to the concept of LRE placement options. In addition, many special education professionals advocate placing all students with disabilities in regular education with varying levels of support (e.g., Stainback & Stainback, 1990). This paper discusses an alternative to the traditional continuum of LRE placement options. This new model presents a continuum of support which emphasizes how much and what type of assistance is provided to a particular student with disabilities that will enable him/her to succeed in regular physical education.

Perspectives on the Future of IDEA

1997 ◽  
Vol 22 (2) ◽  
pp. 61-76 ◽  
Author(s):  
Michael L. Hardman ◽  
John McDonnell ◽  
Marshall Welch
Keyword(s):  
Special Education ◽  
Public Education ◽  
Students With Disabilities ◽  
Individualized Education Program ◽  
Federal Law ◽  
Individualized Education ◽  
Disabilities Education Act ◽  
Education Act ◽  
Definition Of ◽  
Restrictive Environment

Since its original passage in 1975 as Public Law 94-142, the Individuals with Disabilities Education Act (IDEA) has been the cornerstone of practice in special education. This federal law has enabled all eligible students with disabilities to access a free and appropriate public education. During the past 2 years, the 104th Congress has debated vigorously some of the law's basic tenets (e.g., definition of disability, content of the individualized education plan [IEP], parental rights to attorneys, fees, discipline, and placement). The basic requirements of the law remain intact and continue to shape the scope and content of special education. This article addresses whether or not the assumptions upon which IDEA is based remain valid as we approach the 21st century. We critique these assumptions within the context of four requirements of IDEA: (a) eligibility and labeling, (b) free and appropriate public education, (c) the individualized education program (IEP), and (d) the least restrictive environment. Recommendations for changes in existing law relative to each of the above requirements are presented.

scholarly journals The Texas special education cap: Exploration into the statewide delay and denial of support to students with disabilities

2019 ◽  
Vol 27 ◽  
pp. 2 ◽  
Author(s):  
David E. DeMatthews ◽  
David S. Knight
Keyword(s):  
Special Education ◽  
Students With Disabilities ◽  
School Personnel ◽  
Future Research ◽  
Negative Consequences ◽  
Texas Education Agency ◽  
Texas Education ◽  
Education Agency ◽  
Education Act ◽  
The U.S

State accountability systems have been a primary school reform initiative in the U.S. for the past twenty years, but often produce unintended negative consequences. In 2004, the Texas Education Agency (TEA) implemented the Performance Based Monitoring and Analysis System (PBMAS) which included an accountability indicator focused on the percentage of students found eligible for special education under the Individuals with Disabilities Education Act (IDEA), the nation’s special education law. From 2004 through 2016, the percentage of students found eligible for special education in Texas declined significantly, while the national rate held constant. Eventually, the U.S. Department of Education (ED) investigated TEA and the statewide implementation of IDEA. The purpose of this study is two-fold: (a) to evaluate the potential impact of the the PBMAS indicator on manipulation of special education identification practices; and (b) to describe how the indicator may have influenced school and district personnel. We highlight several concerning trends in state and district data and, through an analysis of publicly available reports from the ED, show how district and school personnel knowingly and unknowingly acted in ways that delayed and denied special education to potentially eligible students. We conclude with recommendations for TEA and implications for future research and policy.

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