1. Equal Opportunity for Autistic Studentsand Their PeersPam
Mabry
2. What is autism?Autism is a neurological disorder that
canimpair communication, socialization andbehavior. It is usually
diagnosed withinthe first three years of life and isapproximately
four times more commonin boysthan in girls.
3. My Experience withAutistic Children From 2002-2014, I had
four autistic studentsmainstreamed into my classroom. Two of them
weremainstreamed for the first time in a regular educationsetting.
The other two were mainstreamed inKindergarten, after attending a
special educationpreschool program. I chose to research the rights
of autistic studentsin the classroom versus the rights of
regulareducation students because I have experiencedthe pros and
cons of mainstreaming students withautism spectrum disorder.
4. summer before I had my first autistic students
5. Lo
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9. Pertinent Laws The Americans with Disabilities Act (ADA)
wasenacted in 1990 to address discrimination againstpersons with
disabilities. Title II of the ADA providesthat no individual with a
disability shall, by reason ofsuch disability, be excluded from
participation in orbe denied the benefits of the services, program
oractivities of a public entity, or be subjected todiscrimination
by any such entity.
10. Section 504 of the Rehabilitation Act of 1973prohibits the
exclusion, the denial of benefits anddiscrimination by reason of
disability in programs oractivities receiving federal funds.
11. The Individuals with Disabilities in Education Act
(IDEA)requires States and local education agencies to providea free
and appropriate public education to children withdisabilities. The
Individuals with Disabilities Education Act of 2004(IDEA 2004)
defines FAPE at 20 U.S.C Section 602(9):the term free appropriate
public education meansspecial education and related services that
(a) havebeen provided at public expense, under publicsupervision
and direction, and without charge; (b) meetthe standards of the
State educational agency; (c)include an appropriate preschool,
elementary school, orsecondary school education; and (d) are
provided inconformity with the individualized education
programrequired under section 614(d).
12. The Fourteenth Amendment to the U.S. Constitution,
adoptedin 1868, declares that no state may deny any person the
equalprotection of the laws. This amendment protects the privileges
ofall citizens, provides equal protection under the law, and
givesCongress the power to enforce this amendment
throughlegislation.In 1974, Congress enacted the Equal Educational
OpportunitiesAct (EEOA) to champion the rights of all children to
have equaleducational opportunities. Insofar as the EEOA addresses
therights of students who may hope to continue their studies
incolleges and universities, this entry reviews the actsbackground
and impact in K12 settings. While focusing largelyon K12 issues,
this entry is designed to provide educators andothers who are
interested in higher education with the ability tounderstand how
the EEOA might impact the rights of thestudents with whom they
interact on their campuses.
13. Zachary Deal vs. Hamilton CountyDepartment of Education
Zachary Deal had motivated,educated parents asadvocates. They
researched and foundapplied behavioral analysistherapy to be
highlybeneficial. HCDE refused to allowZachary to have ABAbecause
they found nosignificant proof for themethodology.
14. Court Findings: The county failed to timely and properly
evaluate Zacharyseducational needs. Although ABA therapy was a
proven learning style for Zachary,the county refused to consider
it. The goals and objectives set forth by the county were vague
andimmeasurable. The county failed to offer Zachary educational
options. The county failed to provide Zachary with meaningful
andappropriate opportunities for inclusion. The county failed to
provide services they had actually agreed to,such as occupational
therapy and speech therapy. The county failed to provide Extended
School Year services,although they were deemed necessary to prevent
regression.
15. Preventing School Failure Study Schools are becoming more
knowledgeable aboutautism and their responsibilities under IDEA.
Two researchers studied 62 court cases involvingindividuals with
Autism Spectrum Disorder ranging inage from 3 to 21. Families had
sued school districts for violating IDEA. Schools prevailed in 39
cases, while parentsprevailed in 18.
16. Based on these 62 cases, the most common
substantiveviolations were:a failure to provide services
(37%)student behavior issues (32.3%)extended school year services
(24.2%)applied behavior analysis (22.6%)functional behavior
assessment and behavior intervention plan(14.5%)transition
(12.9%)services that result in no progress (8%)
17. The most common procedural violations in the 62 cases
were:IEP issues (72.6%)placement in the least restrictive
environment (56.5%)parental participation (22.6%)evaluation
(22.6%)unqualified personnel (16.1%)
18. The ratio of boys (85.3%) to girls (14.7%) wasgreater than
5-1, much higher than the 3- or 4-1ratio cited by the National
Autism Center, theresearchers write. With regard to diagnoses,54.8%
were identified with a single diagnosis ofan autism spectrum
disorder and 45.2% wereidentified with multiple diagnoses. As for
gradelevel, 43 cases involved students from pre-Kindergarten
through Grade 6, whereas 17cases involved students in Grades 7-12.
Thepreferred methodology in most cases wasapplied behavior analysis
(ABA).
19. Legal Issue: In placing autistic students in the
LeastRestrictive Environment, they should be educated withchildren
who are not disabled to the maximum extentappropriate. However, all
children in the classroom must beconsidered.
20. Rights of the Autistic Student The child deserves the right
to academic success, as well as success in life. The IEP team has
the responsibility of choosing the appropriate amount of time
theautistic student spends in the regular education classroom, as
well as the supportservices that may be needed. IEP goals and
objectives must be appropriate and attainable, not randomly
selected.General education teachers must be involved when setting
academic goals. The child with autism has the right to socially
interact with his or her peers. This mayoccur during lunch time or
itinerant periods if the student is in a self-containedclassroom
for the majority of the day. It is the responsibility of the
classroom teacher, IEP team and administration to ensurethe
students success within the regular education setting. However,
accountability for astudent fully mainstreamed lies with the
classroom teacher.
21. Rights of Regular Education Students Each student deserves
the right to individual learning time with hisor her teacher. Every
student deserves to be educated in an appropriateenvironment. This
could mean an environment without continualoutbursts or physically
aggressive behavior. All students should have access to rigorous
curriculum that meetstheir individual learning needs. Students
should be taught tolerance and acceptance of allindividuals. Autism
is not a choice and it is up to the classroomteacher to explain
autism in a way that does not ridicule, butpromotes
understanding.
22. How do I feel about it? Autistic students should be
mainstreamed in increments as soon aspossible in their school
careers. Austistic students need time to adjust to environments,
people, sensoryinputs, etc. Teachers must understand that teaching
an autistic student will be anever-changing challenge, but the
results can be astounding. Teachers should be provided training at
the district level onunderstanding autism, IEP components and
role-playing different typesof scenarios that could arise. Reading
material pertaining to autism should be available to
allteachers.
