EXCEPTIONALITY IN EDUCATION

Vicki NillesMetropolitan State College

How do you define the concept of exceptionality in education?

Defining Exceptionality

The Oxford dictionary defines exceptionality as “forming an exception; very unusual; outstandingly good”. The thesaurus provided the following synonyms: outstanding, excellent, brilliant, antonymof ordinary.

Isn’t it interesting, then, that when we investigateexceptionality in education and psychology textbooks and journals, we define it in ways that focus on limitations, with synonyms like disability, special needs, and “at risk”?(Jacqueline Specht, Ph. D.)

Exceptionality

The reasons for school problems can be broad and complex. Although statistics on children with school problems vary, we tend to see exceptionalities occur in the general population of children at approximately the following rates: learning disabilities, 7-10%; emotional disturbances, 5-10%; ADHD, 5%; chronic illness, 5% and mental retardation, 2-3%.

In defining exceptionality, it is sometimes useful todifferentiate between the types of exceptionalities and their incidence. High incidence conditions occur frequently in thegroups of children labeled as exceptional. learning disabilities are the most common, representing an estimated 50% of exceptionalities in the classroom.

Other high incidence disabilities include speech impairments, mental retardation, and behavioral disturbances. Low incidence disabilities are less common and include multiple disabilities, hearing, visual and orthopedic impairments.

Categories of Exceptionality1. Physical Disability2. Severe Language Disorder and Critical

Educational Needs3. Severe Behavior Disorder4. Hearing Impairment5. Intellectual Disability6. Visual Impairment7. Autism Spectrum Disorder8. Learning Disability9. Attention-Deficit/Hyperactivity Disorder10. Giftedness(Dr. Stewart Sykes, 2006)

Historical Antecedents

Early nomadic tribes viewed individuals with disabilities as nonproductive and a burden

Historically those with disabilities were institutionalized or sent to colonies

Individuals with mild disabilities were generally able to be absorbed into society often without being labeled

Treatment of those with disabilities has historically challenged their civil rights

Litigation Educational rights for those with disabilities

were not easily acquired

Many educators were reluctant to extend educational rights to those with disabilities and these rights were truly only granted after many court battles

Case law, or the published opinions of judges who have interpreted statutes, regulations, and Constitutional provisions, has been utilized by parents to secure rights for disabled children

Brown v. Board of Education of Topeka (1954) In 1950, Topeka student Linda Brown, had to ride

the bus 5 miles to school due to the 1896 Plessy v. Ferguson ruling stating that African American students would be provided separate but equal transportation opportunities. Linda was forbidden to attend her neighborhood school because of this ruling. Linda’s family along with 13 other families filed suit against the Topeka Board of Education which stated that Linda could not attend the local all White school. The court ruled in favor of Linda Brown and her family and the Plessy v. Ferguson ruling was overturned.

Special Education in the US Children with disabilities have faced

continuous uphill struggle to gain their right to attend public schools

Until the mid 1970’s, many children with moderate to severe disabilities were routinely excluded from public education

The argument to keep them out of school was specific to the fact that educators felt these students could not learn the basic facts and therefore were not educable

PARC v. The Commonwealth of Pennsylvania In 1971, the Pennsylvania

Association for Retarded Children brought a class-action suit against the Commonwealth of Penn. For the failure to provide a public supported education to students with mental retardation

Continued: The attorneys argued:

Education cannot be defined as only the provision of academic experiences for children

All students with mental retardation were capable of benefiting from programs of education and training

Having undertaken a free public education for the children of Penn. The state could not deny children with mental retardation the same opportunities

The earlier the students with mental retardation were provided education, the great the amount of learning could be predicted

Federal District Court Ruling: Ruled in favor of the plaintiffs, and all

children aged 16-21 were provided a free public education. The court stipulated that it was most desirable to educate children mental retardation in programs most like those provided their peers without disabilities (Murdick, Gartin, & Crabtree, 2002)

Mills v. Board of Education Another class-action law suit in the

District of Colombia on behalf of 18,000 out of school children with behavior problems, hyperactivity, epilepsy, mental retardation, and physical problems. The court again ruled in favor of the plaintiffs and mandated the District of Colombia schools to provide a public supported education to all children with disabilities.

Continued:

Court ruling ordered the following: The district to provide due process

procedural safeguards

Clearly outlined due process procedures for labeling, placement, and exclusion

Procedural safeguards to include right to appeal, right to access records, and written notice of all stages of the process

Legislation

Section 504 and Public Law 93-112 Part of the Vocational Rehabilitation Act and

the counterpart of Title VI of the Civil Rights Act of 1964

No otherwise qualified handicapped individual in the US…shall solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance

Public Law 94-142 In 1975, PL 94-142, the Education for

All Handicapped Children Act, was signed into law. This comprehensive legislation provided individuals ages 3-21, with the following: A free and appropriate educationa for all

children with disabilities

Procedural safeguards to protect the rights of students and their parents

Education in the least restrictive environment

Continued:

Individualized Educational Programs

Parental involvement in educational decisions related to their children with disabilities

Fair, accurate, and nonbiased evaluations

Americans with Disabilities Act ADA was signed into law in 1990 and

was the most significant civil rights legislation in the US since the Civil Rights Act of 1964. ADA was designed to end discrimination against individuals with disabilities in private sector employment, public services, public accommodations, transportation, and telecommunications.

ADA provides the following: Employers cannot discriminate

against individuals with disabilities in hiring or promotion if they are otherwise qualified for the job

Employers must provide reasonable accommodations for individuals with disabilities, such as attaching an amplifier to the individuals phone

Continued: New buses, bus and train stations, and rail

systems must be accessible to persons with disabilities

Physical barriers in restaurants, hotels, retail stores, and stadiums must be removed; if not readily achievable, alternative means of offering services must be implemented

Companies offering telephone services to the general public must offer telephone relay services to those using telecommunication devices for the deaf (Yell, 2006)

Individuals with Disabilities Act (IDEA) Congress passed PL 101-476 IDEA in

1990 as amendments to PL 94-142. Key components of this amendment act included the addition of students with autism and traumatic brain injury as a separate class entitled to services

A transition plan was added requirement to be included in every student’s IEP by age 16

IDEA Amendments Strengthened role of parents, ensured access

to the general education curriculum, emphasized student progress by changing the IEP process

Encouraged parents and educators to resolve their differences through non-adversarial mediation

Gave school officials greater latitude in disciplining students by altering some procedural safeguards

Set funding formulas

More changes in 2004 The New IDEA

Added new language about academic and functional goals

Required that IEPs now include a statement of annual measurable goals

Must align with NCLB Requires that teachers be highly

qualified in specific areas in order to work with exceptional children (there is currently a nation-wide shortage of special education teachers)

Post PL 94-142 Litigation There are still areas of special education law that is

very unclear to students, their parents, and advocates

Many of the mandates regarding special education issues require specific staffing and resources of which there is significant under funding

This causes confusion and frustration for students and their families as well as school districts in that these mandates must be fulfilled even though there may be no budget to allow for various services

Free and Appropriate Education for all Children Hendrick Hudson School District v. Rowley (1982)

became first case to determine “appropriate education” for student with hearing impairment

School provided hearing aid and full time teacher’s aid to work with student

A teletype machine was provided for office use as the parents were deaf as well and this provided appropriate opportunities for communication

PL 94-142 Provided students with disabilities their

legal educational rights

However, some school districts are too often found to be out of compliance, either deliberately, or due to the negligence of personnel

Many court cases have been won against districts not providing appropriate services for students costing districts millions of dollars

Exceptional Individuals and Society Because society often views those with

disabilities as childlike, they are denied the right to feel and want like nondisabled individuals.

Teachers and other professionals can often be heard talking about individuals with disabilities in their presence as if the individuals are unable to feel any embarrassment

Exceptional Cultural Groups Because of insensitivity, apathy, or prejudice,

many of those responsible for implementing and upholding the laws that protect individuals with disabilities fail to do so

The failure to provide adequate educational and vocational opportunities for individuals with disabilities may preclude the possibility of social and economic equality

Discrimination and social isolation can sometimes be the result of such conditions

Disproportionate Placement in Special Education Overrepresentation of students of color in

special education has been one of the most problematic issues in public education for many years (Dunn, 1968)

Approximately 60-80% of students serviced by special education are students from low status backgrounds (minority groups with low SES)

Many special education classes have become dumping grounds for culturally and linguistically diverse students

Inappropriate Placement

Artiles and Henry (2004) suggest that overrepresentation in special education placement is a problem when children are placed and there is no disability

It is a problem if placement into special education programming limits the students’ access to quality programs, obtaining high school diploma, and limits opportunities to positive learning experiences

1968 Office of Civil Rights Began biannual survey of student placement in

special education classes

Data provided racial background of special education students

African American students, especially males, have been greatly overrepresented in classes for students with mental retardation and serious emotional disturbances

In some instances Latino students are also overrepresented

Classes for Gifted and Talents

Native American, Latino, and African American students are drastically underrepresented in classes for the gifted and talented

Overrepresentation of all children Although careful diagnosis may take

place, it is highly likely that many of the children currently placed in programs for individuals with disabilities have been inappropriately placed

Poverty

Large percentages of students placed in special education come from backgrounds of poverty

Poverty can contribute to health aspects Premature term births Lack of health care Fetal alcohol syndrome

Inappropriate Assessment

Tests are culturally biased SES Linguistically diverse Culturally diverse

California Proposition 227 and Special Education 1998 Requires all linguistically diverse students be

educated in English using sheltered instructional approaches rather than providing native language instruction as an option

Intended to dismantle bilingual education programs

Similar state laws are in place in Arizona, and Massachusettes

Federal law always trumps state law

Normalization and Inclusion Normalization refers to “making available to

all persons with disabilities or other handicaps, patterns of life and conditions of everyday life which are as close as possible to or indeed the same as the regular circumstances and ways of life of society” (Nirje, 1985)

Normalization “must be the creation, support and defense of valued social roles for people who are at risk of social devaluation”(Wolfensberger, 1983 p. 123)

Inclusion

The purest form of inclusion means that students with disabilities have a right to be integrated into general education classes regardless of their ability to meet traditional academic standards

(Tiegerman-Farmer, 2007)

Least restrictive environment