Thursday, June 23, 2011

Daniel RR vs State Board of Education, 1989

Daniel RR was a 6 year old boy who was identified for special ed with moderate retardation. He was developmentally like a 2 or 3 year old. He spent half his day in a Pre-K classroom and the other half in a special education classroom. The Pre-K teacher said he needed constant attention, so the school moved him to special ed all day.

His parents requested a hearing because they wanted him in the regular education classroom as much as possible. Because it was found that Daniel was receiving little to no educational benefit in the classroom, the court agreed with the school. The case was then taken to the District Court and they also agreed with the school.

Daniels' parents went to the Fifth Circuit Court of Appeals. The Court said there was a two-pronged test. The test asks two questions: Can education in the regular classroom, with the use of supplemental aids and services, be achieved satisfactorily?
If it cannot, has the school mainstreamed the child to the maximum extent appropriate?
The Fifth Circuit Court of Appeals agreed with the prior decisions based on IDEA because they answered the first question of the two-pronged test, no.

Obviously, I haven't given you all the information, but what do you think? Did the Pre-K teacher try hard enough? Could the school have provided supplemental aides and services so that Daniel could be successful in the Pre-K classroom?

Works Cited

Daniel R. R. v. State Board of Education, 874 F.2d 1036 (5th Cir. 1989).

Mainstreaming

With the passing of the Education for all handicapped Children Act in 1975, schools began experimenting with mainstreaming. This meant students were placed in a regular education classroom. The next step was actual inclusion- not just placed there, but engaged. This act later became IDEA (Individuals with Disabilities Education Act 1991).

Because students needed to be engaged, resource rooms and self-contained classrooms came about. I would argue this is not inclusion. Students who are not in a regular education classroom are not being included.

The Regular Education Initiative of 1986 was proposed by Madeleine Will, then-Assistant Secretary for the Office of Special Education and Rehabilitative Services. She had concerns about unintended negative effects of special ed pull-outs. She suggested mainstreaming into the regular education setting.

Historical Context

I don't want to bore you with too much history, but I think it's important that we know where we've been, so we can know where we're going and not make the same mistakes twice.
In the 1800s there were no educational services for people with disabilities. They were housed in residential facilities or asylums. In the early 1900s students with mental retardation were included in schools, but mandated to be in a separate classroom.
It wasn't until the 1950s and 1960s that inclusion really became a civil rights issue. The Education of Mentally Retarded Children Act of 1958 was the first federal law addressing special education. It provided funding for training of teachers for mentally retarded children.
Later, the Elementary and Secondary Education Act, passed in 1965, provided funding to improve the education of disadvantaged children, including disabled students.
Things continued to improve with the passing of the Education for all Handicapped Children Act in 1975, that mandated that all children, regardless of disability, had the right to a free, appropriate education in the least restrictive environment.
This last act finally had the idea that all students should be in the classroom learning together.
As you can see, we have slowly been moving toward an inclusive education for all.

I'm not going to lie...

I started this blog as an assignment for a graduate level class I'm taking, however, everything I write on this is truly what I believe and how I feel. Inclusion is a huge topic that has been debated since schools started. Please comment on any of my posts (it'll help my grade!) and ask any questions. My disclaimer is that by no means do I think I am the expert. I have taught in a rural town in Maine for two years (grades 3 &4). I welcome feedback and other opinions.
I firmly believe that inclusion is the best way to educate children. Through this blog I will give the historical context, the underlying epistemologies, the reasons for my argument and use data and evidence to prove why I believe inclusion is so important.