Introduction
Competency 0001 of the PECT Special Education 7–12 Module 1 requires you to understand the historical, philosophical, and legal foundations of the special education profession. This competency covers the evolution of services for individuals with disabilities, landmark legislation and court cases that shape current practice, and the professional and ethical standards that guide Pennsylvania special educators.
This lesson addresses three major areas: (1) the history and philosophy of special education, (2) federal laws and key court cases, and (3) professional ethics and legal confidentiality requirements.
Historical and Philosophical Foundations
Timeline of Special Education History
| Era | Key Events & Contributors |
|---|---|
| Pre-1900s | Samuel Gridley Howe (first residential school for the blind, 1830s); Thomas Gallaudet (deaf education); Dorothea Dix (asylum reform); Édouard Séguin (sensory-motor training for intellectual disabilities — "physiological method") |
| 1900–1950 | First compulsory education laws; special classes in public schools; intelligence testing (Binet-Simon); many students excluded from public education; institutionalization was the norm for students with significant disabilities |
| 1950–1970 | Parent advocacy groups formed (ARC, 1950); normalization principle (Nirje, Wolfensberger) — people with disabilities should live in conditions as close to "normal" as possible; civil rights movement influence; deinstitutionalization movement begins |
| 1970s | Landmark court cases (PARC, Mills); Public Law 94-142 (1975) — "the Bill of Rights for people with disabilities" — mandates FAPE, LRE, IEP, parental rights, nondiscriminatory evaluation |
| 1980s–1990s | Regular Education Initiative (REI); full inclusion movement; ADA (1990); IDEA reauthorizations; transition requirements added; assistive technology emphasized |
| 2000s–Present | IDEA 2004 reauthorization; alignment with NCLB/ESEA; Universal Design for Learning (UDL); Response to Instruction and Intervention (RtII); evidence-based practices mandate; increased focus on post-secondary outcomes |
Key Philosophical Principles
- Normalization: People with disabilities are entitled to living conditions and experiences as close to typical social norms as possible. This principle drove deinstitutionalization and inclusion.
- Least Restrictive Environment (LRE): Students with disabilities should be educated alongside non-disabled peers to the maximum extent appropriate, with the continuum of placements used only when the nature/severity of the disability requires removal.
- Zero-Reject: All children with disabilities are entitled to a free appropriate public education — no student can be excluded based on the severity of the disability.
- Universal Design for Learning (UDL): Proactively designing instruction, materials, and assessments to be accessible to all learners — multiple means of representation, expression, and engagement.
- Evidence-Based Practice: Interventions and instructional methods must be supported by scientific research. IDEA 2004 and ESEA require the use of scientifically research-based practices.
Placement Continuum (Least Restrictive to Most Restrictive)
- General education classroom with no support
- General education classroom with consultative services
- General education classroom with resource room pull-out (itinerant support)
- Part-time special education classroom / co-taught classroom
- Full-time special education classroom within general education school
- Special school (day program)
- Residential school
- Home-bound or hospital instruction
Key rule: The IEP team determines LRE based on individual student need, not program availability. LRE does not mean general education for all students — it means the most inclusive setting where a student can make meaningful educational progress with appropriate supports.
Federal Legislation: The Legal Framework
IDEA — Individuals with Disabilities Education Act
The cornerstone of special education law. Originally enacted as PL 94-142 (1975), reauthorized as IDEA (1990, 1997, 2004).
| IDEA Principle | What It Means |
|---|---|
| Zero Reject / FAPE | All students with disabilities are entitled to a Free Appropriate Public Education at public expense — even those with the most severe disabilities |
| Nondiscriminatory Evaluation | Assessment must be given in the student's native language, use multiple measures, not be racially/culturally biased, and be conducted by a multidisciplinary team |
| IEP | Every eligible student must have an Individualized Education Program developed annually by a team including the student (age 14+), parents, general ed teacher, special ed teacher, LEA representative, and related service providers |
| LRE | Students must be educated with non-disabled peers to the maximum extent appropriate; removal from general ed only when disability severity prevents satisfactory achievement with supports |
| Procedural Safeguards | Parents have rights including prior written notice, informed consent, access to records, right to independent educational evaluation (IEE), mediation, and due process hearings |
| Parent Participation | Parents are equal members of the IEP team; schools must make reasonable efforts to involve parents in placement decisions and must provide notice in a language they understand |
Section 504 of the Rehabilitation Act (1973)
- Broader eligibility: Covers any student with a physical or mental impairment that substantially limits a major life activity (including learning, reading, concentrating, thinking, communicating)
- What it provides: Accommodations and modifications in the general education setting — NOT specialized instruction or related services like IDEA
- Students who do not qualify for an IEP may still qualify for a Section 504 Plan (e.g., a student with ADHD who needs extended time but doesn't need special ed services)
- Key difference from IDEA: Section 504 is a civil rights law (anti-discrimination), not an education law — it applies to any program receiving federal funding, including post-secondary institutions
ADA — Americans with Disabilities Act (1990)
- Prohibits discrimination against individuals with disabilities in employment, public accommodations, transportation, and telecommunications
- Extends protections beyond school settings — applies to employers, public agencies, businesses
- Important for understanding the continuum from school to adult life (transition planning)
- Does NOT require schools to provide FAPE — that is IDEA's domain
ESEA / Every Student Succeeds Act (ESSA)
- Originally Elementary and Secondary Education Act (1965); most recently reauthorized as ESSA (2015)
- Requires all students, including those with disabilities, to be assessed against grade-level standards
- Students with disabilities must be included in state accountability systems
- Students with the most significant cognitive disabilities (up to 1% of all students) may be assessed using alternate assessments aligned to alternate achievement standards
Landmark Court Cases
| Case | Ruling / Significance |
|---|---|
| PARC v. Pennsylvania (1972) | Students with intellectual disabilities have the right to a public education. Pennsylvania must provide education to all children with intellectual disabilities, regardless of severity. Directly influenced PL 94-142. |
| Mills v. Board of Education (1972) | All children with disabilities (not just intellectual) are entitled to a public education. Extended the right established in PARC to all disability categories. Also influenced PL 94-142. |
| Board of Ed. v. Rowley (1982) | The Supreme Court defined FAPE: schools must provide "some educational benefit" — not the maximum possible benefit. The IEP does not have to maximize a student's potential, just provide meaningful educational benefit. |
| Endrew F. v. Douglas County (2017) | The Supreme Court raised the FAPE standard: IEPs must be "reasonably calculated to enable a child to make progress appropriate in light of the child's circumstances" — more than merely more than de minimis. Superseded the "some benefit" language from Rowley. |
| Honig v. Doe (1988) | Schools cannot unilaterally exclude students with disabilities for misconduct related to their disability. Established "stay-put" provision — student remains in current placement during dispute resolution. |
| Daniel R.R. v. State Board of Ed. (1989) | Two-part test for LRE: (1) Can education in general ed with supplementary aids be achieved satisfactorily? (2) If removal is necessary, is the student mainstreamed to the maximum extent appropriate? |
Current Trends in Special Education
Response to Instruction and Intervention (RtII)
Pennsylvania's framework for multi-tiered support (equivalent to RTI/MTSS nationally).
- Tier 1: High-quality core instruction for all students; universal screening
- Tier 2: Targeted supplemental interventions for students not meeting benchmarks (~15–20% of students); small group, more frequent progress monitoring
- Tier 3: Intensive individualized interventions for students with significant needs (~5% of students); may lead to special education referral
- RtII data can be used as part of the special education evaluation process to identify students with specific learning disabilities
Universal Design for Learning (UDL)
Based on the three UDL principles from CAST:
- Multiple Means of Representation: Present information in more than one format (text, audio, video, graphic organizers)
- Multiple Means of Action and Expression: Allow students to demonstrate knowledge in different ways (written, oral, multimedia)
- Multiple Means of Engagement: Motivate learning by offering choices, varying levels of challenge, and culturally relevant content
Professional Ethics and Legal Standards
Pennsylvania's Code of Professional Practice and Conduct
- Establishes standards for ethical behavior of all Pennsylvania educators, including special educators
- Requires educators to: maintain professional integrity, act in the best interest of students, avoid conflicts of interest, and maintain appropriate professional boundaries
- Special educators must uphold these standards in all professional relationships — with students, families, colleagues, and the community
Confidentiality Laws: FERPA and HIPAA
| Law | What It Protects | Application |
|---|---|---|
| FERPA Family Educational Rights and Privacy Act (1974) |
Education records — including IEPs, evaluations, grades, disciplinary records | Schools receiving federal funding must: get parental consent before disclosing records to third parties; allow parents to inspect and correct records; transfer rights to students at age 18 |
| HIPAA Health Insurance Portability and Accountability Act (1996) |
Protected Health Information (PHI) — medical records, health conditions | Applies to healthcare providers; FERPA generally takes precedence in school settings for school health records. Relevant when sharing medical information about a student with disabilities (e.g., medication records, therapy notes from outside providers) |
Student Safeguarding and Mandatory Reporting
- Special educators are mandated reporters — they are legally required to report suspected child abuse or neglect to appropriate authorities
- Students with disabilities are at higher risk for abuse; educators must be vigilant and know the signs
- Report to: Pennsylvania ChildLine (1-800-932-0313) or local child welfare agency
- Never investigate yourself — report and let trained investigators handle it
- Good faith reporters are protected from liability
Key Takeaways for the PECT 015
- PL 94-142 (1975) established the six core principles of special education (FAPE, LRE, IEP, nondiscriminatory evaluation, procedural safeguards, parent participation)
- IDEA vs. Section 504 vs. ADA: IDEA = special education services; Section 504 = accommodations in general ed; ADA = civil rights protections across all settings
- PARC and Mills were the court cases that paved the way for PL 94-142
- Endrew F. (2017) raised the FAPE standard from "some benefit" to "reasonably calculated to enable appropriate progress"
- The placement continuum is arranged from least to most restrictive; the IEP team determines placement based on individual need
- RtII is Pennsylvania's multi-tiered support framework — 3 tiers, with Tier 3 potentially leading to special education referral
- FERPA protects educational records; HIPAA protects health information; both require consent before sharing confidential information
- Special educators are mandated reporters — always report suspected abuse/neglect; never investigate yourself