Two federal statutes dictate the parameters and rules for special educational services. Important in this paper, are the provisions of Section 504 of the Rehabilitation Act of 1973, and the Individuals with Disabilities Education Act (IDEA) Amendments of 1997.
IDEA now mandates that Individual Education Programs (IEPs) consider whether the student would benefit from assistive technological (AT) devices and services. Assistive technology includes devices and services used to increase, maintain or improve the functional capabilities of a disabled child (LRP Publications 1997, 5A).
In 1988, the Technology Related Assistance for Individuals with Disabilities Act, provided for federal assistance to states for development and implementation of consumer-friendly statewide programs offering technology-related assistance to persons of all ages with disabilities (NCES 1997, 380).
Other legislation supports technology for educational delivery. The Educational Broadcasting Facilities & Telecommunications Demonstration Act of 1976 established a demonstration project to promote the development of non-broadcast telecommunication facilities and services for the delivery of educational information. The 1990 Excellence in Mathematics, Science & Engineering Education Act, created a national math and science clearinghouse and created several related education programs (NCES 1997, 380).
This paper will assert the use of researched and proven technology to increase the quantity, quality, frequency, and effectiveness of needed individualized instruction for dyslexic students. This technology will improve the relevance and application of regular classroom instruction, and will be a ready tutor for each student needing additional help in any subject. At the same time, students will develop connections with others around the world, and become empowered by computer experiences directly applicable to home, work, and community.
In Section 681 of IDEA, Congress reports that Federal support for technological research, development, educational media services and activities has resulted in major significant innovations and improvements in early intervention, services, and results for children and families with disabilities. Government will continue to stimulate the development of research, software, interactive learning tools, early intervention devices, and education to promote the integration of technology into the curricula in "timely and accessible formats," and to provide adequate training for parents, students, and teachers in technology use (LRP Publications 1997, 47A).
The new IDEA 1997 promises higher expectations for children with educational disabilities. The general curriculum must be accessed to the maximum extent possible. Parents have opportunities for participation. Appropriate special education and related services, aids, and supports must be planned in the regular education classroom. Technical and media services must be coordinated. Professionals receive high-quality development. Pre-referral interventions, multidisciplinary interagency coordination, whole-school approaches, and bureaucracy reduction are new priorities (LRP Publications 1997, 4A-5A).
IDEA mandates that students be educated in the "least restrictive environment" or the regular education classroom, (also known as "mainstreaming" or "inclusion") if the student can achieve satisfactorily with the help of "supplementary aids and services (SAS)." The courts recognize a wide range of SAS: behavior plans, co-teaching, classroom aids, assistive technology and services, curriculum modification, and support for school personnel (Hakola 1997).
In an average regular education classroom, there is 1 teacher for every 17.6 pupils (NCES 1997, 1). Averaging national statistics, the typical American classroom is composed of 10 poor students, 10 racial or ethnic minorities (6 speak a foreign language at home & 2-4 of these 6 are limited in English proficiency [LEP]. Half of these LEP students are immigrants (OERI BULLETIN Fall/Winter 1996 a). About 2 students are disabled. As many as 4 have some learning disability (NCES 1997, 67). Clearly, the teacher is handed an impossible assignment. With so many needy students competing for undivided attention, what can be done?
For dyslexic students, and all students, integrated study is recommended. With technology, this is easily achieved through fun, interactive, multi-media computer programs, video, and presentation devices. Integrated learning means that all of the facets of a time frame are considered, and study is made of how each component serves to influence the others. A serious concurrent study is made of history, economics, music, art, language, social studies, literature, science, technology, philosophy, theology, geography, political science, and a survey of major foreign languages. All of these components are assembled, exemplified, and brought to life by pictures, color, narration, simulation, dramatization, 3-dimentional imaging, virtual reality technology, video, interactivity, and real communication with people and places via the Internet.
The federal government subsidizes the school district's costs for providing specialized AT equipment for each student that requires these to benefit from their educational program (LRP Publications 1997, 8A). Assistive technology is provided at no cost to the parents. In addition to the equipment itself, the school district is also required to sometimes allow at-home use, and provide the training and evaluation necessary for optimal AT use (Smith 1997).
What if a student experiences chronic academic difficulties? A teacher should contact the building principal to obtain student testing. A parent may request an evaluation at any time if they suspect a learning disability, or suspect that stated educational goals are not being achieved. The request should be made formally, in writing, to the school building principal. IDEA requires that students be assessed in all areas of suspected disability. The parent should request, in writing, and review, a complete copy of all the student's records.
In their Parent Report, the parent should identify unmet educational objectives and the successful and unsuccessful strategies, accommodations, and interventions (or lack of these) designated to achieve program goals. The parent should offer insight on why the methods or programs were unsuccessful, and offer supported recommendations.
After receiving the written request, or teacher referral, the school has 30 days to respond to the request and to schedule an evaluation. The evaluation must be completed within 30 days and conclude with an IEPC (Individual Education Programming Committee) meeting held in a convenient place and time for all parties involved.
The student can be present at the IEPC meeting, and the parents may choose to bring an advocate. Prior to the meeting, the parents should submit for the IEPC, their Parent Report, where the parent and student's perspectives and concerns are presented. The parent should note the student's strengths, study habits, areas of difficulty, goals, attitudes, successes and frustrations. This Parent Report becomes attached to the other IEPC reports that are considered for IEP planning.
In children ages 3-9, a "disability" can be a delay in physical, cognitive, communication, social, emotional, or adaptive development (LRP Publications 1997, 5A). Infants and toddlers, under age 3, receive services, including AT devices and services, when they are at risk of experiencing a substantial developmental delay if early intervention services are not provided (LRP Publications 1997, 30A-31A).
Under IDEA, an IEPC (or IEP Team) consisting of the professionals involved with the student and the Multidisciplinary Evaluation Team (MET), the parent, and a qualified AT evaluator (as of July 1998), must determine if AT is required to benefit from the educational program. The IEP document must clearly state the assistive technology and services to be used, their duration and frequency, and the educational goals and objectives of the technology (Smith 1997).
If it is determined that the student does not qualify under IDEA for special education services, the student can still quality for special services under Section 504 of the Rehabilitation Act of 1973. The written educational plan is then called an Accommodation Plan. The U.S. Department of Civil Rights enforces this plan of necessary adjustments in the regular education classroom. Section 504 defines a handicap as any "mental or physical impairment that substantially limits a major life activity," i.e. learning and schooling (Newman 1997, 23, 43).
Section 504 states that an individual, by reason of his handicap, cannot be excluded from participation in or be denied the benefits of any program or activity (i.e. public education) receiving Federal financial assistance (Newman 1997, 27). "Physical or mental impairment" includes physiological conditions affecting neurological systems, any mental or psychological disorder, and specific learning disabilities (Newman 1997, 30).
Parents do not have to sign any plan until it is completely understood and satisfactory. They can request a copy to consider independently before signing the document in agreement or disagreement. Additional information and evaluations can be requested, and another IEPC meeting scheduled to consider the new information. If the parent disagrees with the IEPC's findings or recommendations, they have a right to an independent evaluation, performed at the district's expense. Should the parent remain dissatisfied, the IEP is appealed to a due process hearing (Smith 1997).
The Individuals with Disabilities Education Act, R 340.1713 defines "Specific Learning Disability" (SLD) as a learning problem that is not the result of visual, hearing, or motor disabilities, mental retardation, emotional disturbance, or cultural, environmental or social disadvantage" (LRP Publications 1997, 7A).
SLD is a disorder of one or more of the basic psychological processes involved in understanding or using spoken or written language. An SLD child does not achieve commensurate with their age or ability levels and has a severe discrepancy between intellectual ability and achievement in one or more of the following areas: oral expression, listening comprehension, written expression, basic reading skill, reading comprehension, math calculation, and math reasoning. SLD manifests as an imperfect ability to listen, think, read, write, spell, or to do mathematical calculations (Newman 1997, 1). SLD includes dyscalculia, dyslexia, developmental aphasia, and minimal brain dysfunction (LRP Publications 1997, 7A).
A comprehensive evaluation by the MET determines current educational performance, ability, and the need for educational programming that is "special" or different than the standard practices used, but unsuccessful with 20% of the student population. IDEA R 340.1745 specifies the MET must include the regular classroom teacher and a "special education-approved teacher or…specialist with knowledge in the area of suspected disability" (Newman 1997, 5).
"Related Services" to assist a child to benefit from special education include: transportation, speech-language pathology, audiology and psychological services, physical, recreation and occupational therapy, rehabilitation, mobility, orientation, diagnostic and evaluative medical services, social work, and counseling (LRP Publications 1997, 6A).
"Transition Services" must also be considered annually, beginning at age 14 (LEA 1997, 22A), to ensure the student acquires the skills necessary for employment, post-secondary education and vocational training, daily independent living, and community participation. Transitional services include academic and vocational planning, evaluation, community experiences, direct and vocational instruction, and integrated /supported employment (LRA 1997, 7A).
We have the laws, the special education, the research, and the technology in place. Why do we still have 1,114,670 children annually going through the system without mastering the material presented? The answer lies in the dynamics of school and classroom administration. Simply put, there is a manpower shortage. SLD children cannot obtain the specialized individualized instruction that they require.
Foorman, Barbara R., David J. Francis, and Jack M. Fletcher. 1997. NICHD Early Interventions Project. Houston, TX: Center for Academic and Reading Skills [on-line article] Available at: http://www.interdys.org/research.stm/articles.stm#content Internet.
Hakola, Stewart JD 1997. "The New IDEA: Good News from Congress." Exchange (Summer 1997): 1-7. Lansing, MI: Michigan Protection and Advocacy Service.
LRP Publications. 1997. Individuals with Disabilities Education Act with 1997 Reauthorization Amendments (Public Law 105-17) (June): 1A-51A. LRP Publications. 1053-1084/97
Miller, S.L., W.M. Jenkins, M.M. Merzenich, and P. Tallal. 1993. Modification of Auditory Temporal Processing Thresholds in Language-Based learning Disabled Children. CMBN, Rutgers University. Newark, NJ and W.M. Keck Center for Integrative Neuroscience, UCSF, San Francisco, CA [on-line research abstract] Available at: http://www.scientificlearning.com Internet.
NCES. 1997. Snyder, Thomas D., with Production Manager, Charlene M. Hoffman. Program Analyst, Claire M. Geddes. Digest of Education Statistics 1997, NCES 98-015. U.S. Department of Education. National Center for Education Statistics. Washington DC. [on-line document] Available at: http://nces.ed.gov/pubs/digest97/98015.html Internet.
Newman, Renee. 1997. Special Education Law- LD/ADHD September 1997. Henderson, Michigan: Dyslexia & Dyscalculia Support Services of Shiawassee County.
Newman, Renee. 1995. 1995 Dyslexia Resource Guide. Henderson, Michigan: Dyslexia & Dyscalculia Support Services of Shiawassee County.
Olson, Richard K. 1997. The Colorado Learning Disabilities Research Center. Boulder, CO: Center for the Study of Learning Disabilities: University of Colorado. [on-line article] Available at: http://www.interdys.org/research.stm/articles.stm#content Internet.
OREI Bulletin 1996. The Condition of Education 1996. OREI Bulletin (fall/winter). Washington, D.C.: National Center for Education Statistics. [journal on-line] Available at: http://www.ed.gov/offices/OERI Internet.
OREI Bulletin 1996a. Educating Children from Diverse Backgrounds. OREI Bulletin (fall/winter). Washington, D.C.: National Center for Education Statistics. [journal on-line] Available at: http://www.ed.gov/offices/OERI Internet.
Smith, Diane JD 1997. "School Districts Have Legal Obligation to Provide Specialized Equipment to Special Education Students." Exchange (Summer 1997): Lansing, MI: Michigan Protection and Advocacy Service.
Winters, Kirk. 1997. Updates. ED Initiatives. (15 December). Washington, D.C.: U.S. Department of Education. [journal on-line] Available at: http://www.ed.gov/pubs/EDInitiatives / Internet.
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