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Varmette, Jaiden SLD Case Study
17
Rights Of Individuals With Disabilitites
Jaiden Varmette
EDU 520
What are Disabilities Under IDEA?
Under IDEA section 300.8, "a child with a disability means evaulated in having intellectual disability, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance (referred to in this part as “emotional disturbance”), an orthopedic impairment, autism, traumatic brain injury, an other health impairment, a specific learning disability, deaf-blindness, or multiple disabilities, and who, by reason thereof, needs special education and related services."
IDEA 2004 defines the term “specific learning disability” as “a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical
calculations.” IDEA's definition breaks SLD into their specific processes that are impacted.
(IDEA 2004, § 300.8, Child with a Disability)
Under the American's with Disabilities Act 1990, as amended, they define someone with a disability as someone who has a physical or mental impairment that substantially limits one or more major life activities, has a history or record of such an impairment (such as cancer that is in remission), or is perceived by others as having such an impairment (such as a person who has scars from a severe burn).
ADA
Substantially limiting meaning that it is not a demanding standard, therefore an example of a mild allergy to a type of medicine.
Q: What does it mean substantally limiting?
Individuals with Disabilities
Examples
-Charlie is a young boy with dyscalculia, he has difficulties learning number-related concepts or using the symbols and functions to perform math calculation.
-Louise is a young girl who has a SLD that impairs her ability to read, dyslexia. She struggles with fluent/accurate word recognition and her decoding abilities.
-Samuel is a young boy who has down syndrome. He uses his ACC device to communicate with his teachers and classmates.
Non-Example
Ella is a new student from France who is an ELL student. She does not have a SLD and her Native Language is not English which is attributing to her low academic achievement.
Legal Background
Historical Perspectives
U.S. Congress had enacted the Education for all Handicaped Children Act in 1975 to support states in protecting the rights and and meeting individual needs of children, youth and their families. This law changed to Individuals with Disabilities Act, IDEA in 1990. This law was last reauthorized in 2004 and the department has issued new regulations to address implementation of IDEA.
in 1975 EHA Act guarenteed a free, appropriate, public education (FAPE) to all children across the country. This ensured that all students with disabilties were provided the services and supports designed to meet their unique needs. Before this, individuals with disabilities were placed into institutions with barely any care, not educated, and rarely with their families. This was revolutionizing as students with disabilities were finally treated as human beings alongside their atypical peers.
In 1986 there was a reauthorization that addressed Early Intervention and mandated individual states provide services to families of children with disabilties from the time they were born. Previously, children would not receive services until they were 3. Early Intervention can help students and families tremendously so that students are not struggling for years until they recieve support. (A History of the Individuals With Disabilities Education Act, 2023)
1990 and Up
The 1990 reauthorization changed the law's name from EHA to IDEA and added traumatic brain injury and autism to it's new disability categories. This is essential for the rights of individuals with disabilities as children with those categories are now protected under legal law to be correctly supported based on their needs in school. (History of the Individuals with Disabilities Education Act, 2023).
In 2004 the reauthorization alligned the IDEA with the No Child Left Behind Act Requirements. This ensured Early intervening services for children not currently identified as needing special education but who need additional academic and behavioral support to succeed in a general education environment. Greater accountability and improved educational outcomes, and raised standards for instructors who teach special education classes. Therefore, educators must be certified and qualified with the skills to teach evidence based practices through direct instruction.
In 2006 IDEA regulations required schools to use Research Based Interventions in the process of assisting students with learning difficulties. Today we can see that in RTI, MTSS where educators are progress monitoring their students and providing them with Research Based Interventions that work, supporting students' academic achievement or assist in their behavior to aid them in classroom instruction.
(A History of the Individuals with Disabilities Education Act, 2023).
2004
FAPE
Parent Questions
Parents may be concerned as to what an appropriate education might mean under section 504 of FAPE.
Q. Will my child be provided services needed in school?
A. Education services designed to meet the individual education needs of students with disabilities as adequately as the needs of nondisabled students are met
Q. Will my student be in a seperate classroom?
A. Under FAPE the student should be receiving instruction with their nondisabled peers in the LRE to the maximum extent approprate to the needs of the student with a disability.
About 1 in 16 public school students have IEP's for SLDs. And about 43% of parents say that they wouldn't want others to know if their child has a learning disability. This is not an uncommon thing for students to have learning differences and it is your duty to help break the bias and boost your child's self-perception and confidence to lead them on the path to higher education. (Snapshot of learning and attention issues in the U.S. - NCLD, 2017)
Public elementary and secondary schools must employ procedural safeguards regarding the identification, evaluation, or educational placement of persons who, because of disability, need or are believed to need special instruction or related services.
Parents must be told about these procedures. In addition, parents or guardians must be notified of any evaluation or placement actions, and must be allowed to examine the student’s records. The due process procedures must allow the parents or guardians of students in elementary and secondary schools to challenge evaluation and placement procedures and decisions. It is important to keep parent's updated and informed about their child's status and needed supports in the LRE possible.
If parents or guardians disagree with the school’s decisions, they must be afforded an impartial hearing, with an opportunity for their participation and for representation by counsel. A review procedure also must be available to parents or guardians who disagree with the hearing decision. (IDEA 2004, § 300.322, Parent Participation)
Parent/Student Concerns
Student Concerns
It might be scary to learn that you have a SLD and might need different supports than your peers, just because you need different supports does not mean less. Teachers will always maintian the same high expectations for students' with SLDs as their atypical peers. Educators will work collaboritvely to ensure that the students' IEP will provide neccessary resources and ensure students' are meeting their educational goals.
Personal Attributes
I believe that all parents and educators should be up to date on the IDEA regulations regarding SLD identification, especially the laws in his/her state. Under IDEA there are many contributing factors for identifying a student with a SLD, and I personally believe teachers should understand the benefits and negatives to all. I also believe that all students with disabilities are as capable and as smart as their peers, they just may need the right supports to achieve at high levels. I also believe it is important to support students social, emotional, and behavioral challeneges with SEL activities as students with SLDs face challeneges such as social isolation, disproportiate disciplinary rates, and higher drop out rates. I believe there should be no "special" classrooms where students with disabilities are being taken away from key learning opportunities with their peers, but they are included in all classroom activities, through Universal Design for Learning and differentation.
Personal Teaching/Learning Preferences
In my personal experience as a student in the classroom, I enjoyed hands-on experiences that were engaging and invloved collaboration with peers. I believe students' with disabilities would respond well to student-led teaching. This would have the educator working as a facilitator to promote self-learning and critical thinking skills through thought provoking, engaging activities led by students' interests, and connected to experiences and skills outside of school.
In my future classroom I will focus on using scaffolding, and direct instruction while providing my student's specific areas of the room for breaks and sensory needs. I will create a social-emotional classroom community focused on inclusion, while appreciating everyone's differences as unique and bringing something different to our classroom, which makes each and every one of my students' special. I will incoporate students' accomodations such as guided notes, ebooks, and differentiated instruction as it will help all students with or without disabilities.
Classroom Activities
References
Department of Education. (2023, January 11). A history of the individuals with disabilities education act. Individuals with Disabilities Education Act. Retrieved March 23, 2023, from https://sites.ed.gov/idea/IDEA-History
National Center for Learning Disabilities. (2017, February 1). Snapshot of learning and attention issues in the U.S. - NCLD. https://www.ncld.org/research/state-of-learning-disabilities . Retrieved March 23, 2023, from https://www.ncld.org/wp-content/uploads/2017/03/1-in-5-Snapshot.Fin_.03142017.pdf
U.S. Department of Education, Office for Civil Rights, Free Appropriate Public Education for Students With Disabilities: Requirements Under Section 504 of the Rehabilitation Act of 1973, Washington, D.C., 2010. Retreived March 23rd, 2023, from https://www2.ed.gov/about/offices/list/ocr/docs/edlite-FAPE504.html