Then and Now: the Changing Paradigms of Special Education Assessments

Brown vs. Board of Education will celebrate its 62nd anniversary on May 17, 2016. Brown vs. Board of Education was the result of a series of appeals presented to the Supreme Court at about the same time other court cases around the United States dealt with the same issues of equal rights of what was taught in the schools, how it was taught, and bussing of students (“What Was Brown...”). Thurgood Marshall, chief attorney for Brown who later became a Supreme Court Justice, stood before the Supreme Court of the United States and presented a case against the gross inequities and in justice of segregation in the schools of America. Over half of a century ago, the United States Supreme Court ruled that segregation is unequal and unconstitutional. Chief Justice Earl Warren when delivering the decision of the court stated:

The first key principle of the Individuals with Disabilities Education Act is that any student regardless of their disability is entitled to a free and appropriate public education. The term zero reject is commonly used to summarize this principle. An important component of zero reject is for school administrators to understand that the state is responsible for locating, identifying, and providing for students with disabilities from birth through age twenty-one. School officials play an important role in carrying out the state responsibility under the zero reject principle. This principle both implies and specifies the concept that no matter how severe the disability may seem, all children can learn, benefit from, and are entitled to a free and appropriate public education.

All children with disabilities are entitled free public education not matter how severe the disability is. Specially designed instructions, related services, and supplementary aids and services have to be provided. An IEP has to be developed and implemented to meet the needs of the child with a disability. It is the public school and local school board in charge

The 1896 Plessey v. Ferguson Supreme Court case marks a significant point in history where the segregation of African Americans’ and white Americans’ was upheld as constitutional, provided the facilities were equal. Over 50 years after that decision, the Brown v. Board of Education ruling renounced the previous stating that the segregation of public schools was unconstitutional. History shows that the integration of public schools was a protracted process, wherein many states tried to fight back against this integration of public schools. Today, many believe that segregation is an issue of the past, but observation would say otherwise. Activists and researchers are discovering and fighting against the effects of racially and socioeconomically

The basic issue in Brown vs. Board of Education was the beginning of integration in the school system. Trial transcripts, interviews, meet the browns, and segregated Topeka will be used to support evidence and opinions in this paper. Due to the decisions made in The Brown vs. Board of Education it changed who could attend with diversity in schools and continues to change schools to this day. After reading this paper, it should show that all people should be treated equally. Just because a person’s skin color was different than another person’s doesn’t mean they should have had to go to another school or be treated any differently.

“In the field of public education, the doctrine of ‘separate but equal’ has no place” (Warren, Brown v. Board of Education of Topeka). This famous saying in 1954 marked the new generation of equality for African Americans that suffered from all mob brutality, mass murders and segregation. Brown’s conclusion reached by the Board of Education of Topeka proved the solid dedication of NAACP that had fought for civil rights since 1909. As fifty years had gone by since the organization was formed, The National Association for the Advancement of Colored People had overpassed their goal and contributed greatly throughout America with sweat and tears.

Prior to 1975, no federal requirements existed for students with disabilities to attend school, or requirements for schools to attempt to teach students with disabilities (Salvia, Yesseldyke, & Bolt, 2013, p. 25). However, upon the enactment of several federal laws, such as Individuals with Disabilities Education Act (IDEA) and No Child Left Behind (NCLB), student with disabilities received access to free, appropriate public education which in turned required students with disabilities to participate in statewide assessments. According to Public Law 94-142 (now included in IDEA), it requires an individual education program (IEP) for students with disabilities. As part of the IEP, it contains items such as present levels of academic achievement and functional performance, measurable annual goals, criteria of progress, special education and related services as well as documenting any necessary accommodations needed for statewide assessments. The author provides a comparison of statewide assessments including items such as participation, accommodations and types of assessments between the states of Texas and Massachusetts.

Special education students are delayed in there learning process. To resolve the gap in learning abilities Individual with Disabilities Education Act (IDEA) obliges by law that all public schools to create an Individualized Education Program (IEP) for every child that receives special educational services. IDEA inspires to create an effective relationship amongst the parents and school that boost an educational team with the goals of providing the student with proper services (Mueller, 2009). In Each IEP meeting it involves the IEP team, IEP sections that addresses the student with disabilities educational progress.

In 1954 the Supreme Court saw a case called Brown v. Board of Education of Kansas. This case was about segregation of public schools but before this was to be found unconstitutional, the school system in Kansas and all over the United States had segregated schools. For example, Topeka Kansas had 18 neighborhood schools for white children, but only 4 schools for African American children. (Brown v. Board of Education) Many people believe that the problem is no longer existent; however, many present day African American students still attend schools that are segregated. This problem goes all the way back to the 18th and 19th centuries when slavery was prevalent, yet still to this day it has not come to an end. Complete racial integration has yet to happen in many areas. This problem is not only in the Kansas City School District, but all over the country. The segregation of races in schools can impact a student’s future greatly. The Kansas City school district has been known to have the most troubled school’s systems for a long time.(Source) I’m sure the school board is well aware of the problem of racial inequality that is before them, but I will help them become more aware of the problem and how it affects a student’s future. In today’s society it is commonly overlooked on how important the subject of racial segregation really is. In this memo I will discuss the topics of racial socialization and school based discrimination in Kansas City, and the resulting effects that

Today—nearly fifty years after the Brown decision—explicit endorsements of school segregation have been erased from all state and federal laws, yet the faces of American schools remain eerily similar to those of the 1950s. Current funding inequalities between poor and wealthy districts perpetuate the same inequalities between the races that state-sponsored segregation once did.

In 1991 the Public Law 94-142, the Education for All Handicapped Children Act was replaced by the Individuals with Disabilities Education Act. This law was passed to provide free and appropriate public education to every child with a disability. It requires that each child with a disability “have access to the program best suited to that child’s special needs which is as close as possible to a normal child’s educational program” (Martin, 1978). The Individualized education program (IEP) was developed to help provide a written record of students’ needs and procedures for each child that receives special education services. The IEP will list all the services to be provided, the student's performance level, academic performance, and

Rules, regulations, and federal laws for special education have improved as the years have gone by. This essay will indicate how educators teaching special education must comprehend the mandates of the Individual with Disability Act (IDEA), student and parental rights. This essay will also explain how court cases (past and present) and IDEA has given special education students the ability to receive a Free Appropriate Education (FAPE). My interview with Ms. Patricia Pritchett, Coordinator of Special Education in DeKalb County School District, was able to give me information and guidelines in reference to their county procedures and policies for the special education department. The interview with Ms. Pritchett gave me insight as to special education legal framework and how the constant changes that affects students with disabilities and regular education students.

Public Law 94-142: The Education for All Handicapped Children Act of 1975, now called Individuals with Disabilities Education Act (IDEA), requires states to provide free, appropriate public education (FAPE) for every child regardless of disability. This federal law was the first to clearly define the rights of disabled children to receive special education services if their disability affects their educational performance. A parent of a special education student also has basic rights under IDEA including the right to have their child evaluated by the school district and to be included when the school district meets about the child or makes decisions about his or her education. If a child is identified as in need of special education

The most important section in the Individuals with Disabilities Act (IDEA) is section 1400, which describes the findings and purpose of the law. Even though the purpose of the law is to provide services and protect their rights, this law does not automatically guarantee all children with a disability eligibility for services under the law. There is more than one legal definition and they can still be very vague and confusing. To be eligible a child must have a disability that affects educational performance and needs special education and related services. The child must meet both criteria to be eligible for a free appropriate public education. Free Appropriate Public Education (FAPE) means special education and related services that are provided at public expense, meet the state standards, are appropriate, and are provided in conformity with an Individualized Education Plan (IEP). However, the term “appropriate” education, does not mean the best education, nor an education that maximizes the child’s full potential. It can also differ from one child to the next, because what

While all children can be referred for evaluation for special education, not all are found to be eligible. The student will be tested in all areas related to the child’s assumed disability by the multidisciplinary educational team. In order to be eligible for special education services, the child’s assume disability has to impact the child’s ability to learn. Parents represent the child’s interests. They need to stay informed and involved in their child’s education. IDEA of 2004 strengthened the role, as well as the responsibility, of parents and ensures that they and their families have opportunities to participate in their child’s education. IDEA also protects the rights of parents by ensuring that they can be members of the IEP teams. Parents can be involved in the evaluations and placements of their children and have a say in what happens.