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1.
The lack of clear language in the Individuals with Disabilities Education Act (IDEA), which is the federal law that governs the provision of special education and related services to children with disabilities in the USA, has led to inconsistencies in school districts' decisions regarding the least restrictive environment (LRE). This uncertainty in determining an appropriate LRE has become a significant obstacle to educating students with disabilities. Therefore, this paper examines a number of court cases that have challenged school districts to provide the LRE for students with disabilities and have handed down decisions that define specific standards that are useful for school teams to implement the mandate of the LRE. Through the synthesis of these cases, the author provides criteria for determining the LRE for students with disabilities that could enhance inclusive education for these students. Finally, the author suggests that legislators should reconsider the language of LRE, make it more specific regarding the determination of LRE, and apply the standards defined in these cases and others to state a clear formula for developing LRE that could be utilised in school districts throughout the country.  相似文献   

2.
The least restrictive environment (LRE) requirement has been one of the major pillars of special education law in the USA since its enactment in 1975 and has proven to be one of the most contentious principles. Absent a decision by the US Supreme Court or further clarification in the wording of the law itself, it is likely that the debate will continue. This discussion is particularly important because misapplication of the LRE principle can result in a violation of civil rights and deprive children of a free appropriate public education. A review of the historical background of LRE, the Individuals with Disabilities Education Act and relevant court cases supports the contention that the general education setting is the LRE for every child but not necessarily the appropriate placement for all children.  相似文献   

3.
《Exceptionality》2013,21(1):43-60
In the flux of restructuring schools toward higher student outcomes, the challenge is tremendous for educators to provide, with confidence and integrity, a free appropriate public education (FAPE) in the least restrictive environment (LRE) as required by law for their students with disabilities. This inquiry is intended to further a deeper understanding of the principles that undergird placement decisions by examining the relation over time between the Individuals With Disabilities Education Act requirements for an appropriate education for learners who are exceptional and the restrictiveness of the educational environments in which they have been served. LRE is examined through sociopolitical, legal, and educational data and illustrated through interviews with several of the law's developers, contemporary theorists, and parental advocates. It is argued that concerns about placement in the LRE have dominated the special education discourse, obscuring and distorting the preeminent issue of individually appropriate instruction. It is concluded that the legal meanings of FAPE and LRE remain unchanged but that the complexity of the dynamic LRE concept has defied consistent understanding and application. In conclusion, principles of practice grounded in the conceptual foundations of special education are offered to build the capacity of individualized educational program/placement teams as they seek to provide a full educational opportunity for each student with a disability.  相似文献   

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Deaf children from ethnic, linguistic and racial minority backgrounds demonstrate significantly depressed achievement levels relative to their White deaf peers. Educators of deaf children and youth have had a tendency to accept the erroneous proposition that deafness in some ways precludes ethnic and racial minority group membership and status. This article describes some of the unique social and educational realities faced by Black and Hispanic children and their families in the northeastern United States and the similarities experienced by deaf Black and Hispanic children and their families. Implications concerning educational assessment, placement, student expectations, curriculum development, staffing and policy making are noted as are recommendations that resulted from the first national conference on Black and Hispanic deaf youth held in March 1989. Demographic data are also presented showing the growth and distribution in the population of minority deaf children, as well as the results of a survey indicating the dearth of minority personnel, board members and specialized programs in schools.  相似文献   

6.
The first large-scale, nationwide academic achievement testing program using Stanford Achievement Test (Stanford) for deaf and hard-of-hearing children in the United States started in 1969. Over the past three decades, the Stanford has served as a benchmark in the field of deaf education for assessing student academic achievement. However, the validity and reliability of using the Stanford for this special student population still require extensive scrutiny. Recent shifts in educational policy environment, which require that schools enable all children to achieve proficiency through accountability testing, warrants a close examination of the adequacy and relevance of the current large-scale testing of deaf and hard-of-hearing students. This study has three objectives: (a) it will summarize the historical data over the last three decades to indicate trends in academic achievement for this special population, (b) it will analyze the current federal laws and regulations related to educational testing and special education, thereby identifying gaps between policy and practice in the field, especially identifying the limitations of current testing programs in assessing what deaf and hard-of-hearing students know, and (c) it will offer some insights and suggestions for future testing programs for deaf and hard-of-hearing students.  相似文献   

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9.
An expert system was developed to make decisions about the educational placement of deaf and hard of hearing students within a limited real‐world domain. Teachers of deaf students and the literature were used to delineate factors that influence the placement of deaf and hard of hearing students. A hypothesis based on these factors was then created to guide the development of an expert system referred to as the HISAT Advisor. The placement decisions of the HISAT Advisor for 10 deaf and hard of hearing students were compared with the placement decisions of 10 teachers of deaf students for the same students. The HISAT Advisor decision matched the majority decision of the teachers in 90% of the cases. Faced with an ever‐increasing number of factors to consider when rendering a placement decision, teachers and administrators should examine the value of a systematic theory and an expert system in this decision‐making process.  相似文献   

10.
Politicians promoting educational accountability are, in principle, bound by state and federal constitutions under which they serve, facing judicial scrutiny if they fail to meet the constitutional standards set for them. In the case of education, each of the 50 states has its own constitutional guidelines for the provision of education, and citizens in nearly every state over the past 30 years have challenged in court whether their elected officials have appropriately allocated resources to all children to ensure the educational provision their constitutions guarantee. Court cases have not, however, proved to be impartial assessments of legislative enactments in light of constitutional provisions. Four case studies provide a sampling of the politics of court and state contexts involved in holding legislatures accountable to their constitutional mandates.  相似文献   

11.
The United States Congress has mandated that state and educational agencies make available to all handicapped children a free appropriate education. The purpose of this legislation has been primarily to protect the rights of handicapped children and their parents. The present paper discusses identification and evaluation guidelines that have been promulgated under the Education for All Handicapped Children Act. Procedures for Individual Education Programs that are in accordance with federal legislation are delineated. To satisfy federal mandates concerning the placement of handicapped children, public school systems are required to utilize a least restrictive environment, whereby complete segregation of handicapped from nonhandicapped children is prohibited. In further accordance with this legislation, either the parent or public agency may initiate a hearing for the purpose of challenging the identification, evaluation, or educational placement of the child.  相似文献   

12.
This small-scale, qualitative study invited deaf adults to reflect on their schooling and to consider the ways in which placement decisions impacted their educational opportunities, achievement and identity. It aimed to document the experiences of deaf adults who had attended special schools for deaf children and to elicit their thoughts on the current state of education for deaf children and their hopes for the future. The findings, based on the participants’ narratives, alluded to current debates about the growing numbers of young deaf children in mainstream schools and the impact of this trend on the changing nature of Deaf culture. They also explored a tension around the balancing of the need for deaf children to access Deaf culture and sign language, whilst maintaining the positive achievements of inclusive practice, including raised expectations, family and community belonging, and high academic achievement. This article advances a possible solution to this tension in the form of deaf-centric community hubs.  相似文献   

13.
The Achievements of Deaf Pupils in Scotland (ADPS) project has been tracking the educational attainment of deaf pupils in Scotland's schools since 2000. At the time of writing, the database contains records for 1,752 deaf pupils (2000-2005). Here 4-year aggregate educational attainment data are reported for a subset of 152 school-aged deaf pupils with cochlear implants notified to the ADPS database between June 2000 and June 2004. The data describe primary and secondary school results in reading, writing, and math for this subgroup, as well as placement and communication characteristics. The educational attainment of the group of deaf pupils with cochlear implants is clearly marked when the deaf pupil population is disaggregated for hearing loss, achieving comparatively higher average attainment in both 5-14 Curriculum National Tests (Mathematics in particular) and Standard Grades. Therefore the gap in performance relative to the national population data is reduced for those deaf pupils, although it still widens at higher levels of achievement for the National Tests. Although most pupils with cochlear implants are placed in the mainstream, there is no pattern of migration toward mainstream schools. Some deaf pupils with cochlear implants moved out of mainstream to other types of placement, and this has implications for health-economic cost-utility assessments of cochlear implantation that favor mainstream education by drawing upon the relative cost of different placement types. These findings suggest that the ADPS program of research can contribute school outcome data as valuable real-life outcome measures in wider assessments of the benefit of cochlear implants to deaf children and deaf young people.  相似文献   

14.
Developing special education programs that confer a free appropriate public education (FAPE) for students with disabilities has been a challenge for local education agencies since the Individuals with Disabilities Education Act (IDEA) was first passed in 1975. Developing a FAPE has been particularly challenging when students require assistive technology (AT) services or devices to meet their unique educational needs. In this article, we consider how students' individualized education program (IEP) planning teams have met this challenge by examining administrative and judicial rulings on the use of AT services and devices by students' with disabilities. Specifically, we first examine rulings from 2005 to the first half of 2013 regarding the IDEA, FAPE, and AT. Second, we explore how courts have interpreted the AT obligations of educational agencies with a focus on cases in which parents were the prevailing party. Primary reasons for school district losses in these cases include failing to: (a) provide AT assessments (b) address AT needs, (c) provide the AT devices or services specified in a student's IEP, (d) properly implement AT services. We end by discussing the implications of these court decisions for school districts use of AT services and devices with students in special education.  相似文献   

15.
In this study, federal court opinions and writings of legal scholars, spanning 63 years of establishment clause jurisprudence in the US federal courts were analysed in an effort to determine dominant trends in judicial philosophy that are of significance to science educators. The study's findings suggest that the dominant legal theory underpinning the adjudication of establishment clause cases on the US Supreme Court has undergone a shift from one that emphasizes separation of church and state to one that favours integration of religion in the public sphere. This development poses significant challenges to science educators who are charged with the task of teaching in accordance with state science standards that emphasize topics that are considered controversial (e.g. evolution and global climate change) by many in the faith-based community. These findings constitute a basis for forecasting future actions in US courts regarding the role of government in establishing religious practices in the public sphere—particularly where such actions intersect with the roles of teachers in the nation's public K-12 science classrooms. Finally, we argue that scientists and science educators must adopt an assertive stance in defining science in curricular frameworks, providing something for the courts to draw upon in future decisions.  相似文献   

16.
The levels of involvement of six young deaf children were observed during three educational tasks. These levels were used as indicators of quality of education. The children were bilingually educated. The possible connection between language of instruction, type of task, teaching style, and level of involvement was studied. The children's observed overall level of involvement was high. Involvement was influenced by the type of educational task, but also by the teacher and by the language of instruction: Involvement was greater during activities led by the deaf teacher, using Sign Language of the Netherlands (SLN). Measurement of involvement of young deaf children turned out to be a good way to assess quality of education, not only for research purposes but in the context of general educational practice.  相似文献   

17.
The study assessed Theory of Mind (ToM) abilities in a group of oral deaf children and in their hearing mothers using a battery of ToM tasks. It also investigated the connection between mother and child in ToM performance. Participants were: 17 oral deaf children (aged 5 to 14 years) were paired by gender, age, and mental age with 17 hearing children; 17 hearing mothers of deaf children and 17 hearing mothers of hearing children. Compared to the hearing children, the deaf children faced difficulties in all ToM tests, and the hearing mothers of the deaf children were less capable than the mothers of the hearing children in all the ToM tests. Further, a specific ToM interaction model was found between the hearing mothers and the deaf children. The results confirmed ToM poor performance faced by the oral deaf children, showed the ToM level of hearing mothers of deaf children, and the ToM style of hearing mothers–deaf children dyads. Also, findings underline some educational implications related to the socio-relational origin of the ToM deficit in oral deaf children.  相似文献   

18.
EOV     
After an introductory legal framework based on the Family Educational Rights and Privacy Act, this article canvasses the court decisions concerning liability for disclosures of confidential information about students with disabilities. The relatively few court decisions illustrate the wide variety of disclosures, including (a) those to the media, other students, and private providers; (b) the range of federal and state bases, such as Section 1983 civil rights claims based on the constitutional right to privacy; and (c) the judicial outcomes of these claims, which have been strongly skewed in favor of the school side, especially for the institutional rather than individual defendants. Yet, other compelling interests, including the need for educational environment that values human dignity and psychological safety, merit higher consideration in terms of prudent professional policies and practices.  相似文献   

19.
After an introductory legal framework based on the Family Educational Rights and Privacy Act, this article canvasses the court decisions concerning liability for disclosures of confidential information about students with disabilities. The relatively few court decisions illustrate the wide variety of disclosures, including (a) those to the media, other students, and private providers; (b) the range of federal and state bases, such as Section 1983 civil rights claims based on the constitutional right to privacy; and (c) the judicial outcomes of these claims, which have been strongly skewed in favor of the school side, especially for the institutional rather than individual defendants. Yet, other compelling interests, including the need for educational environment that values human dignity and psychological safety, merit higher consideration in terms of prudent professional policies and practices.  相似文献   

20.
Parents of children with special needs face many challenges. One of the challenges is the placement of their children in inclusive early childhood education settings. This article explores these challenges and offers practical suggestions regarding the involvement and support of parents of children with special needs in the placement of their children in appropriate educational settings.  相似文献   

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