Secondary Schooling and Students with Disabilities The Legislation, Transition, and Progression Karen Klass December 10,

2012 EOL 440 James Scholar Project Professor Ali Lewis

The number of students who have disabilities make up a growing population within the modern day classroom. It is not only the responsibility of special educators, but all teachers, support staff, and administrators to be knowledgeable about the various types of students they may encounter, and be prepared to account for these students within the classroom. A prevalent law that relates to students with disabilities is the Individuals with Disabilities Education Act (IDEA), which was enacted in 1990. This law stems from a significant history of laws relating to individuals with disabilities, which account for its role today. Likewise, IDEA has a large impact on all students, including those in secondary schools and preparing students for transition programs, post-secondary programs or their roles in the community. Finally, many educators have varied opinions about the role that high schools play in the process of transition. Based upon an interview with a special educator, Abbie Weisberg, and her current role as an administrator, I gained a unique perspective on the entire high school and transition process. Based upon a great deal of research and deeper understanding of students with disabilities at the high school level, it is crucial that all educators are knowledgeable and well equipped to work with all students in any type of classroom environment. The Individuals with Disabilities Education Act stemmed from a long list of laws and enactments that dealt with inequalities or litigation surrounding individuals with disabilities. Preceding the IDEA, the Education for All Handicapped Children (EHA) was in place, enacted in 1975. The EHA enacted many similar policies that the IDEA upholds today, and strongly supports the rights for students with disabilities. Before EHA was enacted, most public schools only accommodated for one out of every five children with disabilities (Twenty-Five Years of Progress). This widespread exclusion from attending public schools was evident, not only in the classroom, but due to the high number of individuals with disabilities who lived in institutions

and did not have access to educational services. In 1954, Brown versus the Board of Education was enacted which declared that separate but equal was deemed unconstitutional. While many people associate Brown vs. the Board of Education with the advancement of rights for African Americans, this perpetuation of the Civil Rights movement was apparent for many minority groups, including individuals with disabilities. By the 1960s, the disability civil rights movement was in full force. President John F. Kennedy was deeply interested in the rights and advancement of students with disabilities, possibly due to his personal connection with his sister Rosemary Kennedy, who suffered from profound cognitive disabilities. Following Kennedy, President Johnson also promoted research for youth at risk by allocating federal funds toward research initiatives. Specific legislation most notably emerged in the 1970s, which evolved into the later legislation of the IDEA. Notable legislation emerged prominently throughout the 1970s, eventually building up to the IDEA. In 1972, The Pennsylvania Association for Retarded Children (PARC) act was passed which sued Pennsylvania for not providing children with disabilities equal access in their educational opportunities. A year later, the Rehabilitation Act of 1973 emerged, which stated that federal programs could not discriminate on the basis of disabilities. However, all of the cases that people contested as not complying with the Rehabilitation Act of 1973 forced parents, individuals, and advocates to take their cases to court, which was a very costly process. When the Education for All Handicapped Children Act was passed in 1975, parents were allowed to utilize administrative hearings instead. With the passage of IDEA, many of the provisions outlined in EHA remained in tact, however the focus shifted to allot greater focus on the individual rather than the condition he or she might have (Twenty-Five Years of Progress). Likewise, the IDEA contains details that discuss transition programs and post high school

education and accommodations. The Individuals with Disabilities Education Act has had a large impact on secondary schools and students with disabilities. Under the provisions of the IDEA, public schools must create Individualized Education Plans (IEP) for students with disabilities. Within these plans, students must be placed in the least restrictive environment (Douvanis & Husley, 2002). That means that many teachers, not simply special educators, will have students with disabilities in their classrooms, and they must account for the needs of these students just as they would for any typically developing student. Therefore, accommodations are growing in prevalence across all types of classrooms, and teachers must find strategies to make their content material and assessments relevant to students across the spectrum, from gifted students to those with special needs. Additionally, as part of the IDEA, educational programs are more individualized rather than simply defined by the disability. Researchers are finding that even if two students have autism, their needs may vary significantly, so these students cannot be treated or accommodated for in the same way, and having individualized programs rather than generic methods is essential. It seems as though this push for individualization correlates with a growing push for person first language among the disability community. Many modern advocates are pushing for community members to regard individuals with disabilities as individuals first, rather than merely categorizing them by their disability or labeling them as an autistic child. Instead, they are pushing for people to refer to this same child as a child with autism. Such language translates to a greater level of respect and individuality for people who have special needs. Similar movements are evident in secondary schools as well. In addition to such movements, specific provisions of IDEA advocate for specific rights of students with special needs. Under the provisions of IDEA, several services and procedures must be followed to meet

the needs of individuals with disabilities. Services outside of the classroom must be provided when necessary, including speech therapy, psychological treatment, or other therapies. Likewise, schools must meet the unique needs of individual students as previously discussed. Finally, the most unique provisions to secondary schools discuss postsecondary services and the steps required to prepare for these services. Secondary schools must prepare students with disabilities for further education, employment or independent living whichever route is more applicable. Likewise, these postsecondary goals must be outlined in the students IEP ("Secondary transition," 2007). These goals show that secondary schools are largely responsible for preparing their students for their futures. Additionally, courses must be instated for students with disabilities to meet these goals. These often focus on vocational skills, life skills, or independent lifestyle learning. Many legislators, special educators, and disability advocates understand that the futures of many students with disabilities are different than those of typically developing students. Therefore, it is the schools responsibility to prepare their students with special needs as best as they can for their futures, just as they are preparing typically developing students for college or career paths. While these different requirements are universal across all public school programs, the interpretations and implementations vary depending on the district or educator. I had the unique opportunity to interview a prominent special educator in the Chicago area. Abbie Weisberg is the Chief Executive Officer of Keshet, an organization serving children and adults with disabilities. Keshet is a private organization that provides educational and recreational services for individuals with disabilities including schooling all the way through high school, a transition program, an adult program, and recreational programs which include: choir, Special Olympics, camps, Buddy Baseball, weekend retreats, and many more. While Keshet is a private organization, Abbie has a great insight into the policies and practices

employed in public schools and how they differ from her experiences with Keshet. Abbie was previously a Special Education teacher herself, and has great insight into the laws and policies that are currently in place as well as current advocacy that is occurring for both children and adults with disabilities. When I asked Abbie about her views on transition programs, she discussed in depth the great importance associated with these services. She believes that educating students with disabilities in vocational skills that are applicable to their future is such an important responsibility of special educators. Likewise, focusing on life skills and independent living styles is so prevalent in the push for community based housing, an initiative that Abbie is very involved in with her work with Illinois legislators. As she expanded on the work she is involved in, she explained how modern day education and the push for civil rights is something that encourages the expansion of community integrated living arrangements (Weisberg, 2012). With a long history of exclusion, individuals with disabilities commonly lived in institutionalized living arrangements, segregated from the typical community in contained settings. Abbie and other special educators and working to change this status quo and help encourage housing in typical communities offering adults with disabilities opportunities to be in their own communities at a level of living that is as independent as possible for each adult. She explained how so many modern day high school and transition programs are focusing on building vocational skills for individuals with disabilities that center around working in community establishments such as local grocery stores, restaurants, or community centers. These transition programs are geared toward integrating individuals with disabilities into their communities, therefore encouraging a future where these adults will ideally work within their communities, rather than in institutionalized, workshop settings. She explained that while many

advocates are at the adult level of advocacy, the push really begins in schools and stems from the modern push that schools are taking to educate students with disabilities in progressive and practical ways (Weisberg, 2012). Education is a process that perpetuates off of previous learning and continues in a lifelong journey. Understanding the significance of Special Education high school, postsecondary, transition, and adult programs helps frame the entire disability community as a whole, and many of the modern initiative surrounding. Legislation such as IDEA and its impact on secondary schools and students with disabilities is an essential element that has established the foundation for many families and individuals who have special needs and are seeking to function at the most independent and successful level possible. Evident my interview with Abbie Weisberg, the transition process is crucial for perpetuating the rights and liberties of individuals with disabilities in our modern day world.

References Douvanis, G., & Husley, D. (2002). The least restrictive environment mandate: How has it been defined by the courts?. ERIC Digest, doi: ED469442 United States Department of Education, Office of Special Education and Rehabilitative Services. History: Twenty-Five Years of Progress in Educating Children With Disabilities Through IDEA. http://www.ed.gov/policy/speced/leg/idea/history.pdf U.S. Department of Education, (2007). Secondary transition. Retrieved from IDEA - Building the Legacy of IDEA 2004 website: http://idea.ed.gov/explore/view/p/,root,dynamic U.S. Department of Education, (2011). Students with disabilities preparing for postsecondary education: Know your rights and responsibilities. Retrieved from Office for Civil Rights website: http://www2.ed.gov/about/offices/list/ocr/transition.html Weisberg, A. (2012, November 19). Interview by K Klass [Personal Interview]. Special education and transition programs.