Introduction to Special Eduation Programs

Lesson 1: Why Should Schools Have Responsibility
for Students with Disabilities?

Paraeducators and teachers who work in special education programs are often confronted with questions regarding the types of programs, special procedures and the expenses involved in meeting the needs of students with disabilities. This lesson provides information on two legal and philosophical principles which are basic to special services and programs. Special education rules and procedures have been developed to help insure that programs are fair and appropriate. One of the first important principles is that educational programs are for all children. Secondly, students with disabilities must have the same opportunities to participate in educational programs as children who are not labeled as disabled. Familiarity with these two principles helps paraeducators be more effective advocates for students with disabilities.

Free Appropriate Public Education

Access to an education is an important right which can provide a lifetime of opportunities. Conversely, a lack of access to an education may seriously limit the quality of life and potential success of an individual. A number of judicial decisions have highlighted the importance of this right for students with disabilities (Pennsylvania Association for Retarded Citizens, MILLS vs Board of Education). Congress has incorporated this concept in the Individuals with Disabilities Education Act (IDEA). The law refers to this right to an education using the terminology, Free Appropriate Public Education

(FAPE).

Free appropriate public education means that special education and related services must:

be provided at public expense, under public supervision and direction, and without charge;
meet the standards of the State educational agency;
include preschool, elementary and secondary school education; and
be provided in conformity with an Individualized Education Program or Individual Family Service Plans.

Free appropriate public education means that states and local schools are required to provide educational and related services to students with disabilities without charging the students or their parents. Schools cannot refuse to provide an education because of the increased costs involved in educating a student with a disability. It further means that this education must meet state standards and be based on the individual needs of the student.

Free Appropriate Public Education
Nebraska Administrative Code, Chapter 51

Free appropriate public education shall mean special education and related services which are provided at public expense, under public supervision and direction, at no cost to parents and in conformity with an individual education program which meets the requirements of 92 NAC 51-007.

Expansion of Free Special Education

There has also been legislation passed that provided education for infants, toddlers and preschool children with disabilities. In 1986, Part B of the federal law was amended to extend the availability for free special education services to three and four year olds. Under the amended law, PL-99-457, all states are required to provide services for children 3 to 21 who are deemed eligible.

In addition, the amendments added a new section, Part H, which describes the availability of federal dollars to states wishing to extend services for children with disabiites who were birth to age 21. Part H specified that if a state wished to extend their services and receive federal dollars, specific guidelines needed to be followed.

In 1993, Nebraska passed the Early Intervention Act which assures free and appropriate services to families who have children with disabilities under the age of three. In Nebraska, these services are contracted with the Department of Education.

Least Restrictive Environment

Not only is it important that all students have an access to an education, it is also important that students with disabilities have the same opportunities available to other students. This means access to both educational programs and extracurricular activities. Schools cannot automatically exclude a child from any school program solely because the child is receiving special education services. Based on the same principles that said separate programs were inherently unequal for racial minorities, the courts have said separate programs for students with disabilities may provide reduced opportunities and may cause extra hardships on families. Regular education programs should serve special education students if possible and the school should provide access to the same programs provided to other students. School represents many academic and social learning opportunities beyond traditional classroom instruction. Students who are removed from the school environment are deprived of these opportunities. The concept of "least restrictive environment" implements these ideas regarding integration of students with disabilities in school programs.

The Individuals with Disabilities Education Act (IDEA) includes the following definition of least restrictive environment:

Each public agency shall insure:

(1) That to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled, and

(2) That special classes, separate schooling or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability is such that education in regular classes, with the use of supplementary aids and services cannot be achieved satisfactorily.

The concept of least restrictive environment includes the following components.

Schools must place students with disabilities with nondisabled students to the maximum extent possible. Extra support should be provided when necessary, to maintain students in the regular school environment.
Alternative placement is made only when it is shown that the regular program is not satisfactory.
The decision on placement is based on individual assessment and the student's individual educational program.
The decision is made and documented by a multidisciplinary team.
A continuum of alternative placements are provided.
Placement is determined at least annually.
Placement is as close as possible to the child's home. Unless the IEP requires otherwise, the student attends the school they would attend if not disabled.
Nonacademic and extracurricular service should be provided to afford equal opportunity for participation with non-disabled students.

Least Restrictive Environment (LRE)
Nebraska Administrative Code - Chapter 51

The school district shall establish policies and procedures to assure that, to the maximum extent appropriate, children with disabilities including children in public or nonpublic schools and approved service agencies are educated with children who are not disabled and that special education classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

Next: Lesson 2