Wednesday, January 21, 2009

Our School Doesn't Offer Inclusion

by Paula Kluth, Richard A. Villa and Jacqueline S. Thousand 


Common misunderstandings about schools' legal responsibilities under the Individuals with Disabilities Education Act have slowed implementation of the law. School authorities who understand the law can provide a better education for all students.


In 1975, Congress passed the Education for All Handicapped Children Act (Public Law 94-142), guaranteeing for the first time that all students with disabilities would receive a public education. The law, whose name changed in subsequent reauthorizations in 1990 and 1997 to the Individuals with Disabilities Education Act (Public Law 101-476; Public Law 105-17), set the stage for inclusive schooling, ruling that every child is eligible to receive a free and appropriate public education and to learn in the least restrictive environment possible. Specifically, the law ensures

that to the maximum extent appropriate, children with disabilities, including children in public or private institutions and other care facilities, are educated with children who are not disabled. (Individuals with Disabilities Education Act, 20 U.S.C. § 1412 [a][5])

In 1994, the U.S. Department of Education's Office of Special Education Programs issued policy guidelines stating that school districts cannot use the lack of adequate personnel or resources as an excuse for failing to make a free and appropriate education available, in the least restrictive environment, to students with disabilities.

Schools have taken much time to implement the law. Although many schools and districts have been educating students with disabilities in inclusive settings for years, families often still have to fight to get their children into general education classrooms and inclusive environments.

An analysis of U.S. Department of Education reports found that in the dozen years between 1977 and 1990, placements of students with disabilities changed little. By 1990, for example, only 1.2 percent more students with disabilities were in general education classes and resource room environments: 69.2 percent in 1990 compared with 68 percent in 1977. Placements of students with disabilities in separate classes declined by only 0.5 percent: 24.8 percent in 1990 compared with 25.3 percent in 1977. And, students with disabilities educated in separate public schools or other separate facilities declined by only 1.3 percent: 5.4 percent of students with disabilities in 1990 compared with 6.7 percent of students with disabilities in 1977 (Karagiannis, Stainback, & Stainback, 1996).

More recently, the National Council on Disability (2000) released similar findings. Investigators discovered that every state was out of compliance with the requirements of the Individuals with Disabilities Education Act and that U.S. officials are not enforcing compliance. Even today, schools sometimes place a student in a self-contained classroom as soon as they see that the student is labeled as having a disability. Some students enter self-contained classrooms as soon as they begin kindergarten and never have an opportunity to experience regular education. When families of students with disabilities move to a different district, the new school sometimes moves the student out of general education environments and into segregated classrooms.

In some cases, districts may be moving slowly toward inclusive education, trying to make a smooth transition by gradually introducing teachers and students to change—but moving slowly cannot be an excuse for stalling when a learner with a disability comes to school requiring an inclusive placement.

Clearly, more than 25 years after the law came into effect, many educators and administrators still do not understand the law or how to implement it. Three common misunderstandings still determine decisions about students with disabilities in U.S. schools.

"Our School Doesn't Offer Inclusion"

We often hear teachers and families talking about inclusion as if it were a policy that schools can choose to adopt or reject. For example, we recently met a teacher who told us that her school "did inclusion, but it didn't work," so the school "went back to the old way." Similarly, a parent explained that she wanted her child to have an inclusive education, but her neighborhood school doesn't "have inclusion."

Special education is not a program or a place, and inclusive schooling is not a policy that schools can dismiss outright. Since 1975, federal courts have clarified the intent of the law in favor of the inclusion of students with disabilities in general education (Osborne, 1996; Villa & Thousand, 2000a, 2000b). A student with a disability should be educated in the school he or she would attend if not identified as having a disability. The school must devise an individualized education program that provides the learner with the supports and services that the student needs to receive an education in the least restrictive environment possible. 

The standard for denying a student access to inclusion is high. The law clearly states that students with disabilities may be removed from the regular education environment only

when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. (Individuals with Disabilities Education Act, 20 U.S.C. § 1412 [a][5])

If schools can successfully educate a student with disabilities in general education settings with peers who do not have disabilities, then the student's school must provide that experience.

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