Germany, Education, Disability, oh my! Fabulously presented by : Glory Auldon Ata Moshiri Melissa Pico Erica Sekins.

Germany, Education, Germany, Education, Disability, oh my!Disability, oh my!

Fabulously presented by :Fabulously presented by : Glory Auldon Glory Auldon Ata MoshiriAta Moshiri

Melissa Pico Melissa Pico Erica Sekins Erica Sekins

GERMANY GERMANY

CapitalCapital: Berlin : Berlin Official LanguageOfficial Language: :

German German AreaArea: 137,858 sq mi  : 137,858 sq mi  PopulationPopulation: 82,438,000: 82,438,000 Government:Government: Federal Federal

Republic Republic

German Government 101German Government 101

Federal republic, where Germany’s 16 states (Länder) Federal republic, where Germany’s 16 states (Länder) have their own constitution, legislatures, and governments have their own constitution, legislatures, and governments and can pass laws on all matters (i.e education, local law and can pass laws on all matters (i.e education, local law enforcement, culture, and environmental protection) except enforcement, culture, and environmental protection) except those given exclusively to the federal government (i.e those given exclusively to the federal government (i.e defense, foreign affairs, and finance). defense, foreign affairs, and finance).

Federal Government is Parliamentary democracy with a Federal Government is Parliamentary democracy with a bicameral legislaturebicameral legislature

The Bundesrat, the upper house, has 68 seats, with each state The Bundesrat, the upper house, has 68 seats, with each state seating three to six representatives depending on the state's seating three to six representatives depending on the state's population; the term is not fixed population; the term is not fixed

The Bundestag, the lower house, is the country's main legislative The Bundestag, the lower house, is the country's main legislative body. It has 603 deputies who are elected for four years using a body. It has 603 deputies who are elected for four years using a mixed system of proportional representation and direct voting. mixed system of proportional representation and direct voting.

Executive decision making is the federal government, Executive decision making is the federal government, federal chancellor its leader, is elected for a four year term federal chancellor its leader, is elected for a four year term by an absolute majority of the lower house (Bundestag).by an absolute majority of the lower house (Bundestag).

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German Education 101German Education 101

The legislative decisions about education The legislative decisions about education come primarily from the 16 states (Länder) come primarily from the 16 states (Länder) and only minimally from the federal and only minimally from the federal government. government.

Kindergarten is optional for pupils between Kindergarten is optional for pupils between the ages of 3-6 yrs. the ages of 3-6 yrs.

After that school attendance is compulsory After that school attendance is compulsory for 10-13 years.for 10-13 years.

Home schooling is considered illegal and Home schooling is considered illegal and heavy fines (up to $15,000) exist. heavy fines (up to $15,000) exist.

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German Education 102German Education 102

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German Education 103German Education 103

GymnasiumGymnasium includes the most gifted children and includes the most gifted children and prepares students for university studiesprepares students for university studies

RealschuleRealschule has a broader range of emphasis for has a broader range of emphasis for intermediary studentsintermediary students

HauptschuleHauptschule prepares pupils for vocational education prepares pupils for vocational education GesamtschuleGesamtschule or comprehensive school combines the or comprehensive school combines the

three approaches. three approaches. In order to enter a university, a high school student is In order to enter a university, a high school student is

required to take the required to take the AbiturAbitur examination. Even if a student examination. Even if a student has a diploma from a vocational school they can apply to has a diploma from a vocational school they can apply to enter university.enter university.

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Definitions in Germany Definitions in Germany Disability:Disability: IV. Disabled peopleIV. Disabled people 1. Definition1. Definition ““Section 2 para. 1 SGB IX defines disabled people as Section 2 para. 1 SGB IX defines disabled people as

persons whose physical functions, mental capabilities or persons whose physical functions, mental capabilities or psychological health are highly likely to deviate, for more psychological health are highly likely to deviate, for more than six months, from the condition which is typical for the than six months, from the condition which is typical for the respective age and whose participation in social life is respective age and whose participation in social life is therefore impaired.” therefore impaired.”

““A deviation from the typical condition means the loss of or A deviation from the typical condition means the loss of or restrictions with regard to physical, mental or psychological restrictions with regard to physical, mental or psychological structures that are normally present at the respective age. structures that are normally present at the respective age. Such an impairing deviation is deemed to be a disability if Such an impairing deviation is deemed to be a disability if the impairment leads to a particular restriction that has an the impairment leads to a particular restriction that has an effect on at least one area of life. The minimum six-month effect on at least one area of life. The minimum six-month period excludes only temporary abnormalities.” period excludes only temporary abnormalities.”

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Definitions in GermanyDefinitions in Germany ““Special” education:Special” education: II. Special SchoolsII. Special Schools ““If disabled children cannot receive (sufficient) assistance in ordinary If disabled children cannot receive (sufficient) assistance in ordinary

schools, special schools must help them to achieve the educational aims schools, special schools must help them to achieve the educational aims that are within their capabilities. If possible, the aim is to help the disabled that are within their capabilities. If possible, the aim is to help the disabled child in obtaining a general school-leaving qualification. Germany has child in obtaining a general school-leaving qualification. Germany has different special school-types for disability in the field of different special school-types for disability in the field of

- Hearing;- Hearing; - Language;- Language; - Physical and motor function development;- Physical and motor function development; - Mental development;- Mental development; - Emotional and social development; and- Emotional and social development; and - General sickness.- General sickness. ““The special schools are obligated to examine, at the end of each school The special schools are obligated to examine, at the end of each school

year, whether or not attendance at the special school is still required in the year, whether or not attendance at the special school is still required in the future or whether the child is able to learn in an ordinary school.”future or whether the child is able to learn in an ordinary school.”

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Definitions in GermanyDefinitions in Germany Access: Access: I. GeneralI. General ““A key area of the A key area of the BehindertengleichstellungsgesetzBehindertengleichstellungsgesetz (as well as (as well as

supplementary changes to other laws) is "access" in all possible supplementary changes to other laws) is "access" in all possible ways by creating a barrier-free environment. This aims at equal ways by creating a barrier-free environment. This aims at equal participation in community life for disabled people by eliminating participation in community life for disabled people by eliminating obstacles to mobility in the areas of construction and transport as obstacles to mobility in the areas of construction and transport as well as in the area of communication. It is intended to create an well as in the area of communication. It is intended to create an obstacle-free, safe environment for the disabled to enable them to obstacle-free, safe environment for the disabled to enable them to live without outside help as much as possible.” live without outside help as much as possible.”

““People with hearing, sight and speech disabilities receive People with hearing, sight and speech disabilities receive communication and mobility aids. They also receive concessions for communication and mobility aids. They also receive concessions for postal and telecommunication services (postal and telecommunication services (e.g.e.g. reduced fees, special reduced fees, special communication equipment). In addition, the administrative agencies communication equipment). In addition, the administrative agencies as well as some private undertakings must comply with the barrier-as well as some private undertakings must comply with the barrier-free requirement.”free requirement.”

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Definitions in GermanyDefinitions in Germany

Discrimination:Discrimination: V. Definition of DiscriminationV. Definition of Discrimination ““Section 7 para. 2 BGG states the definition of Section 7 para. 2 BGG states the definition of

discrimination, as regards the disabled, in the discrimination, as regards the disabled, in the following terms: Discrimination of disabled following terms: Discrimination of disabled people takes place if disabled and non-disabled people takes place if disabled and non-disabled people are treated differently without a just people are treated differently without a just cause and as an effect of the treatment the cause and as an effect of the treatment the disabled person's equal participation in social life disabled person's equal participation in social life is directly or indirectly impaired.”is directly or indirectly impaired.”

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History of Special Education History of Special Education

There has been records of special education for There has been records of special education for at least the last 200 years. at least the last 200 years. First to benefit were blind and deaf-mute children in First to benefit were blind and deaf-mute children in

school and homes (established though private school and homes (established though private philanthropic initiatives or church charities).philanthropic initiatives or church charities).

Public-sector schools established when school Public-sector schools established when school attendance for children with disabilities made attendance for children with disabilities made obligatory. (Happened primarily because when obligatory. (Happened primarily because when education was made compulsory there was education was made compulsory there was children who were deemed not able to follow children who were deemed not able to follow lessons.)lessons.)

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History of Special Education History of Special Education continued continued

Between 1880 and 1920 there was an Between 1880 and 1920 there was an emergence of schools for individuals with emergence of schools for individuals with sensory impairments (alongside institutions for sensory impairments (alongside institutions for blind and deaf-mute individuals) blind and deaf-mute individuals) There were institutions created for “Children with There were institutions created for “Children with

limited learning ability” (Hilfsschulen) limited learning ability” (Hilfsschulen)

After WWII schools for children with learning After WWII schools for children with learning disabilities, behavioral problems and schools for disabilities, behavioral problems and schools for the “mentally handicapped” emerged from the the “mentally handicapped” emerged from the Hilfsschulen.Hilfsschulen.

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History of Special Education History of Special Education continuedcontinued

Between the 1960s and 1970s activism Between the 1960s and 1970s activism attempted to establish the right of attempted to establish the right of education to all “handicapped children” education to all “handicapped children”

Since the 1980s students with disabilities Since the 1980s students with disabilities have been increasingly integrated into have been increasingly integrated into mainstream schools, and greater mainstream schools, and greater cooperation and communication between cooperation and communication between the various schools have begun to the various schools have begun to happen. happen.

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Basic LawBasic Law

Basic Law (Grundgesetz) is essentially the German Basic Law (Grundgesetz) is essentially the German Federal constitution, and was established in 1949 Federal constitution, and was established in 1949 after Germany was handed over from allied forces. after Germany was handed over from allied forces.

The guardian of the Basic Law is the German Federal The guardian of the Basic Law is the German Federal Constitutional Court (Constitutional Court (BundesverfassungsgerichtBundesverfassungsgericht). It is ). It is both a separate constitutional entity and at the same both a separate constitutional entity and at the same time part of the judiciary in the sectors of constitutional time part of the judiciary in the sectors of constitutional law and public international law. Its judgments have the law and public international law. Its judgments have the legal status of ordinary law. It can declare acts and legal status of ordinary law. It can declare acts and decrees of the parliament as null and void if they are in decrees of the parliament as null and void if they are in violation of the Basic Law.violation of the Basic Law.

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Basic Law: Article 3 Basic Law: Article 3

Article 3 [Equality before the law]Article 3 [Equality before the law]• (1) All persons shall be equal before the law.(1) All persons shall be equal before the law.• (2) Men and women shall have equal rights. The (2) Men and women shall have equal rights. The

state shall promote the actual implementation of state shall promote the actual implementation of equal rights for women and men and take steps to equal rights for women and men and take steps to eliminate disadvantages that now exist.eliminate disadvantages that now exist.

• (3) No person shall be favored or disfavored (3) No person shall be favored or disfavored because of sex, parentage, race, language, because of sex, parentage, race, language, homeland and origin, faith, or religious or political homeland and origin, faith, or religious or political opinions. opinions. No person shall be disfavored No person shall be disfavored because of disability.because of disability.

• Disability was added in 1994 to the Basic Law.Disability was added in 1994 to the Basic Law.

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KMKKMK The KMK is “the instrument for co-operation between the Land The KMK is “the instrument for co-operation between the Land

governments in education is the Standing Conference of the governments in education is the Standing Conference of the Ministers of Education and Cultural Affairs of the Länder in the Ministers of Education and Cultural Affairs of the Länder in the Federal Republic of Germany (KMK).Federal Republic of Germany (KMK).

““The KMK is based on an agreement between the Länder and deals The KMK is based on an agreement between the Länder and deals with cultural policy matters of supra-regional importance, with the with cultural policy matters of supra-regional importance, with the aim of forming a common viewpoint and a common will as well as aim of forming a common viewpoint and a common will as well as representing common interests. Resolutions of the KMK have the representing common interests. Resolutions of the KMK have the status of recommendations.”status of recommendations.”

““It is the political commitment of the competent Ministers to It is the political commitment of the competent Ministers to transform recommendations into law, until they are enacted as transform recommendations into law, until they are enacted as binding legislation by the parliaments in the 16 Länder.” binding legislation by the parliaments in the 16 Länder.”

““Most of the Länder have established educational networks around Most of the Länder have established educational networks around their systems of school, in a community, or Länd-wide. The aim is to their systems of school, in a community, or Länd-wide. The aim is to ensure the best benefits for the pupil with Special Educational ensure the best benefits for the pupil with Special Educational Needs (SEN).  There is a close co-operation with social services, Needs (SEN).  There is a close co-operation with social services, therapists, institutions for children’s’ development, associations etc..therapists, institutions for children’s’ development, associations etc..

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KMK continued KMK continued

The development and organization of special education The development and organization of special education in the Länder was harmonized by several resolutions in the Länder was harmonized by several resolutions adopted by the KMK and specifically by the adopted by the KMK and specifically by the Recommendations on the Organisation of Special Recommendations on the Organisation of Special Schools Schools ((Empfehlung zur Ordnung des Empfehlung zur Ordnung des SonderschulwesensSonderschulwesens, Resolution of March 1972), Resolution of March 1972)

The current special educational recommendations are The current special educational recommendations are found in found in Recommendations on Special Needs Education Recommendations on Special Needs Education in the Schools of the Federal Republic of Germany in the Schools of the Federal Republic of Germany ((Empfehlungen zur sonderpädagogischen Förderung in Empfehlungen zur sonderpädagogischen Förderung in den Schulen in der Bundesrepublik Deutschlandden Schulen in der Bundesrepublik Deutschland, , Resolution of May 1994).Resolution of May 1994).

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KMK resolutions KMK resolutions The recommendations passed by the KMK apply to all students with “special The recommendations passed by the KMK apply to all students with “special

educational needs” regardless of whether it takes place at mainstream schools or at educational needs” regardless of whether it takes place at mainstream schools or at a “sondershule.”a “sondershule.”

The KMK recommends individual types of special education to be developed that The KMK recommends individual types of special education to be developed that focus on: focus on:

Sight Sight Learning Learning Emotional and social development Emotional and social development Speech Speech Mental development Mental development Hearing Hearing Physical and motor development Physical and motor development Instruction for sick pupils Instruction for sick pupils

The KMK has made recommendations on the “Education and Teaching of Children The KMK has made recommendations on the “Education and Teaching of Children and Young People with Autistic Behavior.”and Young People with Autistic Behavior.”

The KMK mentions The KMK mentions More detailed provisions are established in the school More detailed provisions are established in the school legislation section of the Länder (R69, R71, R73, R75, R77, R80, R82, R84,R86, legislation section of the Länder (R69, R71, R73, R75, R77, R80, R82, R84,R86, R88, R93, R95, R101, R103-105)R88, R93, R95, R101, R103-105)

The KMK recommends on centers to provide support staff to special education The KMK recommends on centers to provide support staff to special education schools and throughout mainstream schools.schools and throughout mainstream schools.

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Hamburg Agreement Hamburg Agreement October 1971 this agreement between the Länder discusses the October 1971 this agreement between the Länder discusses the

harmonization in the school systems, and outlines the basic school harmonization in the school systems, and outlines the basic school structure for the Länder. structure for the Länder.

There is a clear distinction between mainstream schools and special There is a clear distinction between mainstream schools and special schools. schools.

According to the KMK (as of 1972) there are 10 types of schools: According to the KMK (as of 1972) there are 10 types of schools: schools for the blind schools for the deaf schools for the visually impaired schools for the hearing impaired schools for the mentally handicapped schools for the physically disabled schools for the sick schools for children with learning difficulties schools for children with speech defects schools for children with behavioral problems

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Social WelfareCode IX Social WelfareCode IX

The SGB IX is the legal basis of rehabilitation in The SGB IX is the legal basis of rehabilitation in Germany since 2001 Germany since 2001

““The SGB IX assuring and granting this personal The SGB IX assuring and granting this personal right to rehabilitation is the responsibility of a right to rehabilitation is the responsibility of a broad range of agencies. All individual measures broad range of agencies. All individual measures to be planned and implemented require the to be planned and implemented require the cooperation of various professionals, facilities, cooperation of various professionals, facilities, and community-based services like rehabilitation and community-based services like rehabilitation hospitals, hospitals, education serviceseducation services, vocational , vocational rehabilitation centres, and the counseling rehabilitation centres, and the counseling services of disability or self-help organizations.”services of disability or self-help organizations.”

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United States of AmericaUnited States of America

CapitalCapital: Washington, D.C. : Washington, D.C. Official LanguageOfficial Language: None at : None at

federal level federal level AreaArea: 3,718,695 sq mi    : 3,718,695 sq mi    PopulationPopulation: 301,269,000 : 301,269,000 Government:Government: Federal Federal

Constitutional RepublicConstitutional Republic

U.S. Relevant StatutesU.S. Relevant Statutes

Federal Law:Federal Law: Section 504 of the Rehabilitation Act (1973)Section 504 of the Rehabilitation Act (1973) Individuals with Disabilities Education Act Individuals with Disabilities Education Act

(1975; 1997; 2004)(1975; 1997; 2004) ADA Title II (1990)ADA Title II (1990)

WA State Law: “Education For All”WA State Law: “Education For All” Chapter 28A.155 RCWChapter 28A.155 RCW

History of IDEAHistory of IDEA Initially titled “Education For All Handicapped Initially titled “Education For All Handicapped

Children Act”Children Act” Passed in 1975 in response to several influential Passed in 1975 in response to several influential

eventsevents Pennsylvania Association for Retarded Children Pennsylvania Association for Retarded Children

(PARC) v. Commonwealth of Pennsylvania (1972)(PARC) v. Commonwealth of Pennsylvania (1972)• Federal district court struck down Pennsylvania statutes Federal district court struck down Pennsylvania statutes

allowing school districts to exclude children deemed to be allowing school districts to exclude children deemed to be “uneducable” or “untrainable”“uneducable” or “untrainable”

Mills v. Board of EducationMills v. Board of Education• Federal district court held that the District of Columbia had Federal district court held that the District of Columbia had

withheld publicly supported education from a broad class of withheld publicly supported education from a broad class of “exceptional children” without due process of law“exceptional children” without due process of law

WA State “Education For All” legislationWA State “Education For All” legislation13

Purpose Behind the IDEAPurpose Behind the IDEA

““to ensure that all children with disabilities to ensure that all children with disabilities have available to them a have available to them a free and free and appropriate public educationappropriate public education [ [FAPEFAPE] that ] that emphasizes emphasizes special educationspecial education and and related related servicesservices designed to meet their unique designed to meet their unique needs and prepare them for employment needs and prepare them for employment and independent living” [20 U.S.C., and independent living” [20 U.S.C., Section 1400(d)(1)].Section 1400(d)(1)].

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Four Parts of IDEAFour Parts of IDEA

Part A: General provisions of the act, including Part A: General provisions of the act, including definitions of who is eligibledefinitions of who is eligible

Part B: Formula grant program requiring each state Part B: Formula grant program requiring each state receiving federal financial assistance under IDEA to receiving federal financial assistance under IDEA to develop a plan to ensure FAPE for children with develop a plan to ensure FAPE for children with disabilitiesdisabilities

Part C: Authorizes states to receive grants from the Part C: Authorizes states to receive grants from the federal government to develop and implement statewide federal government to develop and implement statewide systems to provide early intervention services for infants systems to provide early intervention services for infants and toddlers (ages 0-3 years)and toddlers (ages 0-3 years)

Part D: Provides for state program improvement grants Part D: Provides for state program improvement grants for children with disabilitiesfor children with disabilities

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IDEA: Definition of DisabilityIDEA: Definition of Disability

A child with a disability is one who has:A child with a disability is one who has: Mental retardation;Mental retardation; Hearing impairments;Hearing impairments; Speech or language impairments;Speech or language impairments; Visual impairments;Visual impairments; Serious emotional disturbance;Serious emotional disturbance; Orthopedic impairments;Orthopedic impairments; Autism;Autism; Traumatic brain injury; orTraumatic brain injury; or Other health impairments, or specific learning disabilities;Other health impairments, or specific learning disabilities;

ANDAND, “by reason thereof, needs special education and , “by reason thereof, needs special education and related services.”related services.”

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Regarding Younger ChildrenRegarding Younger Children For children ages 3-9, a looser definition of disability For children ages 3-9, a looser definition of disability

applies. One must display a “developmental delay” applies. One must display a “developmental delay” involving:involving:

Physical developmentPhysical development Cognitive developmentCognitive development Communication developmentCommunication development Social or emotional developmentSocial or emotional development Adaptive developmentAdaptive development

ANDAND be in need of “special education and related be in need of “special education and related services.”services.”

Public policy concern: provide helpful services as early Public policy concern: provide helpful services as early as possible – even if a disability has not been positively as possible – even if a disability has not been positively identifiedidentified

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Important Caveats to IDEAImportant Caveats to IDEA

IDEA is NOT and anti-discriminatory statute!IDEA is NOT and anti-discriminatory statute! ““Qualified” children are Qualified” children are not entitlednot entitled to an equal to an equal

education to other childreneducation to other children

To be eligible, children must require “special To be eligible, children must require “special education” as a result of their disability, not just education” as a result of their disability, not just accommodationsaccommodations

Does NOT apply to post-secondary educationDoes NOT apply to post-secondary education Applies to kids between the ages of 3 and 21Applies to kids between the ages of 3 and 21

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Entitlements Under IDEAEntitlements Under IDEA

1.1. TestingTesting

2.2. Free and Appropriate Public Education Free and Appropriate Public Education ((FAPEFAPE) including “special education and ) including “special education and related services” consistent with:related services” consistent with:

An Individualized Education Program (An Individualized Education Program (IEPIEP)) The Least Restrictive Environment (The Least Restrictive Environment (LRELRE))

3.3. Procedural Safeguards Against Procedural Safeguards Against DiscipliningDisciplining

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TestingTesting

Financially covered by the school districtFinancially covered by the school district Several types, including:Several types, including:

Initial evaluation to determine eligibilityInitial evaluation to determine eligibility Reevaluation if initial testing is unsatisfactoryReevaluation if initial testing is unsatisfactory An independent educational evaluationAn independent educational evaluation Testing in a particular areaTesting in a particular area A functional behavior assessmentA functional behavior assessment

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Individualized Education Individualized Education Program (Program (IEPIEP))

A written plan adapted on an individual basis to suit the A written plan adapted on an individual basis to suit the specific needs of the child and his or her family.specific needs of the child and his or her family.

Developed by the family with the assistance of a team of Developed by the family with the assistance of a team of professionals assembled by the school district.professionals assembled by the school district.

Includes the following information:Includes the following information: The child’s present educational performance levelsThe child’s present educational performance levels Annual goalsAnnual goals A statement of the special needs of the childA statement of the special needs of the child A statement discussing the extent the child will be educated with A statement discussing the extent the child will be educated with

non-disabled childrennon-disabled children A timeline of dates services will be providedA timeline of dates services will be provided Age 14 and annually thereafter: a statement of needed transition Age 14 and annually thereafter: a statement of needed transition

services to suit post-secondary school goalsservices to suit post-secondary school goals

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The Least Restrictive The Least Restrictive Environment (Environment (LRELRE))

Must be placed in the least restrictive Must be placed in the least restrictive environment “to the maximum extent environment “to the maximum extent appropriate.”appropriate.”

Children are only allowed to be removed from Children are only allowed to be removed from the LRE when the “nature or severity of the the LRE when the “nature or severity of the disability of the child is such that education in disability of the child is such that education in regular classes with the use of supplementary regular classes with the use of supplementary aids and services cannot be achieved aids and services cannot be achieved satisfactorily.”satisfactorily.”

LRE is not equivalent to “mainstreaming”LRE is not equivalent to “mainstreaming” Constant balance between what is appropriate Constant balance between what is appropriate

and what is the least restrictiveand what is the least restrictive

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Safeguards to DiscipliningSafeguards to Disciplining

Disabled children may be punished like any other child, Disabled children may be punished like any other child, just as long as the behavior that is being punished is not just as long as the behavior that is being punished is not a “manifestation” of the disabilitya “manifestation” of the disability

Removal from an environment (e.g., suspension) is Removal from an environment (e.g., suspension) is legitimate so long as it does not exceed 10 dayslegitimate so long as it does not exceed 10 days

In such a case, parents are entitled to:In such a case, parents are entitled to: NotificationNotification A review to be held regarding the behavior and evidence to A review to be held regarding the behavior and evidence to

show it is not a manifestation of the disabilityshow it is not a manifestation of the disability The manifestation review must be held immediately and no later The manifestation review must be held immediately and no later

than 10 school days after the decision to take action was madethan 10 school days after the decision to take action was made Must be conducted by the IEP teamMust be conducted by the IEP team Parents can appeal the decisionParents can appeal the decision

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Board of Education v RowleyBoard of Education v Rowley, 458 U.S. 176 (1982), 458 U.S. 176 (1982)Close, But No Cigar!Close, But No Cigar!

Supreme Court held that a school district was not Supreme Court held that a school district was not required to provide a sign language interpreter for Amy required to provide a sign language interpreter for Amy Rowley, a deaf student, on the basis that she was able Rowley, a deaf student, on the basis that she was able to perform better than the average student in her classesto perform better than the average student in her classes

Interestingly, most deaf children qualify for sign language Interestingly, most deaf children qualify for sign language interpreters, however it must be shown that the student cannot interpreters, however it must be shown that the student cannot progress satisfactorily without oneprogress satisfactorily without one

Established that “appropriate” does not mean “best”Established that “appropriate” does not mean “best” FAPE does not require that school districts maximize the FAPE does not require that school districts maximize the

potential of disabled studentspotential of disabled students Instead, FAPE establishes a “basic floor of opportunity” Instead, FAPE establishes a “basic floor of opportunity”

consisting of “access to specialized instruction and related consisting of “access to specialized instruction and related services which are individually designed to provide educational services which are individually designed to provide educational benefit to the handicapped child.”benefit to the handicapped child.”

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United Nations United Nations

192 member states192 member states Established on October 24, 1945Established on October 24, 1945 Purpose: 1) to maintain Purpose: 1) to maintain

international peace and international peace and security; 2) to develop friendly security; 2) to develop friendly relations among nations; 3) to relations among nations; 3) to cooperate in solving cooperate in solving international problems and in international problems and in promoting respect for human promoting respect for human rights; 4) and to be a centre for rights; 4) and to be a centre for harmonizing the actions of harmonizing the actions of nationsnations

Six main organs: General Six main organs: General Assembly, Security Council, Assembly, Security Council, Economic and Social Council, Economic and Social Council, Trusteeship Council, Secretariat, Trusteeship Council, Secretariat, and the International Court of and the International Court of JusticeJustice

UN Convention on the Rights of UN Convention on the Rights of Persons with Disabilities DefinitionsPersons with Disabilities Definitions DisabilityDisability-- Preamble: “…disability is an evolving concept and that Preamble: “…disability is an evolving concept and that

disability results from the interaction between persons disability results from the interaction between persons with impairments and attitudinal and environmental with impairments and attitudinal and environmental barriers that hinders their full and effective participation barriers that hinders their full and effective participation in society on an equal basis with others.”in society on an equal basis with others.”

Article 1: “Persons with disabilities include those who Article 1: “Persons with disabilities include those who have long-term physical, mental, intellectual or sensory have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers impairments which in interaction with various barriers may hinder their full and effective participation in society may hinder their full and effective participation in society on an equal basis with others.”on an equal basis with others.”

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UN Convention on the Rights of UN Convention on the Rights of Persons with Disabilities DefinitionsPersons with Disabilities Definitions Discrimination on the basis of disability:Discrimination on the basis of disability: In In

the UN Convention this is defined as “any the UN Convention this is defined as “any distinction, exclusion or restriction on the basis distinction, exclusion or restriction on the basis of disability which has the purpose or effect of of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the human rights and fundamental freedoms in the political, economic, social, cultural, civil or any political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, other field. It includes all forms of discrimination, including denial of reasonable accommodation.”including denial of reasonable accommodation.”

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UN Convention on the Rights of UN Convention on the Rights of Persons with Disabilities Definitions Persons with Disabilities Definitions Reasonable accommodation:Reasonable accommodation: The UN The UN

Convention defines this as “necessary and Convention defines this as “necessary and appropriate modification and adjustments appropriate modification and adjustments not imposing a disproportionate or undue not imposing a disproportionate or undue burden, where needed in a particular case, burden, where needed in a particular case, to ensure to persons with disabilities the to ensure to persons with disabilities the enjoyment or exercise on an equal basis enjoyment or exercise on an equal basis with others of all human rights and with others of all human rights and fundamental freedoms.”fundamental freedoms.”

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UN Convention Laws UN Convention Laws

Article 7Article 7Children with disabilities- best interest of child be Children with disabilities- best interest of child be primary consideration to ensure equal treatment primary consideration to ensure equal treatment with other childrenwith other children

Article 9Article 9Accessibility- ensuring equal access and elimination Accessibility- ensuring equal access and elimination of barriers to physical environments, including of barriers to physical environments, including schools schools

Article 19Article 19Living independently and being included in the Living independently and being included in the community- recognizes the right to full inclusion to community- recognizes the right to full inclusion to facilities for the general populationfacilities for the general population

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UN Convention LawsUN Convention Laws Article 24Article 24

EducationEducation 1. States Parties recognize the right of persons with 1. States Parties recognize the right of persons with

disabilities to education. With a view to realizing this right disabilities to education. With a view to realizing this right without discrimination and on the basis of equal without discrimination and on the basis of equal opportunity, States Parties shall ensure an opportunity, States Parties shall ensure an inclusiveinclusive education system at all levels and life long learning education system at all levels and life long learning directed to:directed to:

(a) The full development of human potential and sense of (a) The full development of human potential and sense of dignity and self-worth, and the strengthening of respect dignity and self-worth, and the strengthening of respect for human rights, fundamental freedoms and human for human rights, fundamental freedoms and human diversity; diversity; (b) The development by persons with disabilities of their (b) The development by persons with disabilities of their personality, talents and creativity, as well as their mental personality, talents and creativity, as well as their mental and physical abilities, to their fullest potentialand physical abilities, to their fullest potential

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UN Convention LawsUN Convention Laws Article 24Article 24

EducationEducation 2. In realizing this right, States Parties shall ensure that:2. In realizing this right, States Parties shall ensure that: (a) Persons with disabilities are not excluded from the general (a) Persons with disabilities are not excluded from the general

education system on the basis of disability, and that children with education system on the basis of disability, and that children with disabilities are not excluded from free and compulsory primary disabilities are not excluded from free and compulsory primary education, or from secondary education, on the basis of disability;education, or from secondary education, on the basis of disability;(b) Persons with disabilities can access an inclusive, quality and (b) Persons with disabilities can access an inclusive, quality and free primary education and secondary education on an equal free primary education and secondary education on an equal basis with others in the communities in which they live;basis with others in the communities in which they live;(c) Reasonable accommodation of the individual’s requirements is (c) Reasonable accommodation of the individual’s requirements is provided; provided;

(d) Persons with disabilities receive the support required, within (d) Persons with disabilities receive the support required, within the general education system, to facilitate their effective the general education system, to facilitate their effective education;education;

(e) Effective individualized support measures are provided in (e) Effective individualized support measures are provided in environments that maximize academic and social development, environments that maximize academic and social development, consistent with the goal of full inclusion.consistent with the goal of full inclusion.

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UN Standard Rules DefinitionsUN Standard Rules Definitions DisabilityDisability: “summarizes a great number of : “summarizes a great number of

different functional limitations occurring in different functional limitations occurring in any population in any country of the world. any population in any country of the world. People may be disabled by physical, People may be disabled by physical, intellectual or sensory impairment, medical intellectual or sensory impairment, medical conditions or mental illness. Such conditions or mental illness. Such impairments, conditions or illnesses may impairments, conditions or illnesses may be permanent or transitory in nature.”be permanent or transitory in nature.”

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UN Standard Rules DefinitionsUN Standard Rules Definitions PreventionPrevention: “means action aimed at preventing the : “means action aimed at preventing the

occurrence of physical, intellectual, psychiatric or occurrence of physical, intellectual, psychiatric or sensory impairments (primary prevention) or at sensory impairments (primary prevention) or at preventing impairments from causing a permanent preventing impairments from causing a permanent functional limitation or disability (secondary prevention). functional limitation or disability (secondary prevention). Prevention may include many different types of action, Prevention may include many different types of action, such as primary health care, prenatal and postnatal care, such as primary health care, prenatal and postnatal care, education in nutrition, immunization campaigns against education in nutrition, immunization campaigns against communicable diseases, measures to control endemic communicable diseases, measures to control endemic diseases, safety regulations, programmes for the diseases, safety regulations, programmes for the prevention of accidents in different environments, prevention of accidents in different environments, including adaptation of workplaces to prevent including adaptation of workplaces to prevent occupational disabilities and diseases, and prevention of occupational disabilities and diseases, and prevention of disability resulting from pollution of the environment or disability resulting from pollution of the environment or armed conflict.”armed conflict.”

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UN Standard Rules DefinitionsUN Standard Rules Definitions

RehabilitationRehabilitation: “refers to a process aimed at enabling : “refers to a process aimed at enabling persons with disabilities to reach and maintain their persons with disabilities to reach and maintain their optimal physical, sensory, intellectual, psychiatric and/or optimal physical, sensory, intellectual, psychiatric and/or social functional levels, thus providing them with the social functional levels, thus providing them with the tools to change their lives towards a higher level of tools to change their lives towards a higher level of independence. Rehabilitation may include measures to independence. Rehabilitation may include measures to provide and/or restore functions, or compensate for the provide and/or restore functions, or compensate for the loss or absence of a function or for a functional limitation. loss or absence of a function or for a functional limitation. The rehabilitation process does not involve initial medical The rehabilitation process does not involve initial medical care. It includes a wide range of measures and activities care. It includes a wide range of measures and activities from more basic and general rehabilitation to goal-from more basic and general rehabilitation to goal-oriented activities, for instance vocational rehabilitation.”oriented activities, for instance vocational rehabilitation.”

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UN Standard Rules Definitions UN Standard Rules Definitions

Equalization of opportunitiesEqualization of opportunities: “means : “means the process through which the various the process through which the various systems of society and the environment, systems of society and the environment, such as services, activities, information such as services, activities, information and documentation, are made available to and documentation, are made available to all, particularly to persons with disabilities.”all, particularly to persons with disabilities.”

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UN Standard Rules Laws UN Standard Rules Laws Rule 5. AccessibilityRule 5. Accessibility ““States should recognize the overall importance of accessibility in the States should recognize the overall importance of accessibility in the

process of the equalization of opportunities in all spheres of society. For process of the equalization of opportunities in all spheres of society. For persons with disabilities of any kind, States should introduce programmes of persons with disabilities of any kind, States should introduce programmes of action to make the physical environment accessibleaction to make the physical environment accessible

Access to the physical environment Access to the physical environment States should initiate measures to remove the obstacles to participation States should initiate measures to remove the obstacles to participation

in the physical environment. Such measures should be to develop in the physical environment. Such measures should be to develop standards and guidelines and to consider enacting legislation to ensure standards and guidelines and to consider enacting legislation to ensure accessibility to various areas in society, such as housing, buildings, accessibility to various areas in society, such as housing, buildings, public transport services and other means of transportation, streets and public transport services and other means of transportation, streets and other outdoor environments. other outdoor environments.

Accessibility requirements should be included in the design and Accessibility requirements should be included in the design and construction of the physical environment from the beginning of the construction of the physical environment from the beginning of the designing process. designing process.

Access to information and communication Access to information and communication Persons with disabilities…should have access to full information on Persons with disabilities…should have access to full information on

diagnosis, rights and available services and programmes, at all stages. diagnosis, rights and available services and programmes, at all stages. Such information should be presented in forms accessible to persons Such information should be presented in forms accessible to persons with disabilities.”with disabilities.”

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UN Standard Rules LawsUN Standard Rules Laws

Rule 6. EducationRule 6. Education ““States should recognize the principle of equal primary, secondary States should recognize the principle of equal primary, secondary

and tertiary educational opportunities for children, youth and adults and tertiary educational opportunities for children, youth and adults with disabilities, in integrated settings. They should ensure that the with disabilities, in integrated settings. They should ensure that the education of persons with disabilities is an integral part of the education of persons with disabilities is an integral part of the educational system. educational system.

In States where education is compulsory it should be provided to In States where education is compulsory it should be provided to girls and boys with all kinds and all levels of disabilities, including girls and boys with all kinds and all levels of disabilities, including the most severe. the most severe.

In situations where the general school system does not yet In situations where the general school system does not yet adequately meet the needs of all persons with disabilities, adequately meet the needs of all persons with disabilities, special special education may be considerededucation may be considered. It should be aimed at preparing . It should be aimed at preparing students for education in the general school system. The quality of students for education in the general school system. The quality of such education should reflect the same standards and ambitions as such education should reflect the same standards and ambitions as general education and should be closely linked to it.”general education and should be closely linked to it.”

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ConnectionsConnections

Parental activism Parental activism Segregation vs integration Segregation vs integration Separate but equalSeparate but equal Under funding Under funding

ReferencesReferences

1. http://www.infoplease.com/ce6/world/A0858400.html1. http://www.infoplease.com/ce6/world/A0858400.html2. http://en.wikipedia.org/wiki/Education_in_Germany 2. http://en.wikipedia.org/wiki/Education_in_Germany 3. http://www.cbn.com/CBNnews/57633.aspx3. http://www.cbn.com/CBNnews/57633.aspx4. http://www.germanlawjournal.com/article.php?id=5154. http://www.germanlawjournal.com/article.php?id=5155. http://www.kmk.org/dossier/special.pdf 5. http://www.kmk.org/dossier/special.pdf 6. http://en.wikipedia.org/wiki/Basic_Law_for_the_Federal_ 6. http://en.wikipedia.org/wiki/Basic_Law_for_the_Federal_

Republic_of_GermanyRepublic_of_Germany7. http://www.iuscomp.org/gla/statutes/GG.htm#37. http://www.iuscomp.org/gla/statutes/GG.htm#38. http://www.european-agency.org/nat_ovs/germany/1.html 8. http://www.european-agency.org/nat_ovs/germany/1.html 9. http://www.ilo.org/public/english/employment/skills/hrdr/rec_ 9. http://www.ilo.org/public/english/employment/skills/hrdr/rec_

n/re_10b_ger.htmn/re_10b_ger.htm10. http://apps.leg.wa.gov/RCW/default.aspx?cite=28A.155.01010. http://apps.leg.wa.gov/RCW/default.aspx?cite=28A.155.010

References ContinuedReferences Continued

11. http://www.wrightslaw.com/idea/art/iep.roadmap.htm11. http://www.wrightslaw.com/idea/art/iep.roadmap.htm

12. Colker, R. 12. Colker, R. Everyday Law for Individuals with DisabilitiesEveryday Law for Individuals with Disabilities. Paradigm . Paradigm Publishers. Boulder. 2006.Publishers. Boulder. 2006.

13. Bergeson, T. et al. 13. Bergeson, T. et al. Special Education and the Law: A Legal Guide Special Education and the Law: A Legal Guide for Families and Educatorsfor Families and Educators. February 1998.. February 1998.

14. 14. http://www.un.org/esa/socdev/enable/rights/convtexte. http://www.un.org/esa/socdev/enable/rights/convtexte. htm#convtext htm#convtext

15. http://www.un.org/esa/socdev/enable/dissre00.htm 15. http://www.un.org/esa/socdev/enable/dissre00.htm

16. http://www.european-agency.org/nat_ovs/germany/4.html 16. http://www.european-agency.org/nat_ovs/germany/4.html