EDUC 5 Foundation of Special and Intrusive Education that schools use nonbiased methods and multiple approaches in the

ased methods and multiple approaches in the evaluation process to

ensure that there is no discrimination on the basis of race, culture, religion, or native
Module 1 (Understanding Essential Concepts, Diversity, and Foundation of language. All evaluation instruments must use the child’s first language or have an
equivalent translation of it. The decision on identification and placement remains invalid
Special and Inclusive Education)
when only single evaluation instrument is used.
Lesson 1- Understanding Essential Concepts of Special and Inclusive 3.Individualized education program (IEP). This special document is the very essential and
serves as the foundation of special education for it contains the services to be provided to
Education
the student with exceptional disability. It contains a description of a student’s current level
a. What is Special Education? of educational performance, information on how his or her disability influences academic
performance, and details needed adaptations and accommodations. This document also
Special Education is a special instruction that answers the unique needs of students with includes the educational setting wherein the student receives instructions through
diverse needs. This a set of services provided to those students with exceptional learning modification or accommodation in a lit restrictive environment. The target long and short
needs and is provided also in a variety of educational settings who have Individualized term learning goals and objectives which includes behavior management and other child’s
Education Program (IEP). This must be provided to the unique needs of students with no deficits, needs and other services are stipulated in the child’s IEP.
4. Least Restrictive Environment (LRE). This refers to the educational settings in which a
cost to parents. Also, this is governed by the federal law- Individuals with Disability
student with disability receives education services. It is assumed that all students regardless
Education Act (IDEA (Blaalard and Dymond, 2018). Students can avail of this special of the severity of the disability will be educated alongside with their peers without
education services only when their disability are professionally identified which impacts disability. When a student cannot perform satisfactorily in a regular classroom, he/she will
their ability to learn thus requiring them to have additional services and resources for them be placed in a least restrictive environment in which he /she will received supplemental
to effectively participate in school. Children who are qualified to receive special education aids and services. This may include part-time or full-tome special education services in a
services have the following disabilities: resource room, self-contained, or community based-settings.
5.Parent Participation. This is an essential action in establishing home-school-community
• Intellectual disability collaboration. Parents, families, and guardian or any significant adults of a child with a
• Hearing impairments (including deafness) disability must be a member of any group that makes decisions regarding the placement
• Speech or language impairments and LRE of their child. They must have a right to notification of all meetings regarding
• Visual impairments (including blindness) their child’s placement, access to planning and evaluation materials, and notification of 5
• Serious emotional disturbance any planned evaluations. Both parents, students, and other stakeholders must be invited to
• Orthopedic impairments attend IEP meetings. 6.Due Process Safeguards. This refers to all protections afforded to
• Autism spectrum disorder children, their parents, and families under IDEA and articles under the disability law. When
• Traumatic brain injury we say safeguards, these include obtaining parental consent for all evaluations and
• Other health impairments educational placement decisions; confidentiality of all records relating to a child with a
• Specific learning disabilities disability; independent student evaluation at public expense; and due process hearings
• Developmental delay when the school and parent may disagree. (Adapted from Purdue University online
https://online.purdue.edu/blog/education/what-isspecial-ed)
IDEA mandates that the regardless of the level of severity of the student’s disability,
schools must provide must provide an appropriate education to ALL children with a A. What is Inclusive Education?
disability (ages 3- 21). It also requires that the following six principles be provided for Inclusive Education in the broader sense is the right of education of children with
students who receive special education services: disabilities in a regular classroom. It is the main modality to address the educational needs
1. Free and Appropriate Public Education (FAPE). This means that a public education is of children who suffers from different deficiencies. UNESCO (1983:167) defines inclusive
given to diagnosed children, parents, families, guardian, at no cost designed to meet the education “as a form of education provided for those students who are not achieving, or are
individual needs of each student. It provides access to the general education curriculum. It not likely to achieve through ordinary educational provisions , the level of educational,
also provides services in accordance to a student’s IEP which eventually provide social and other attainments appropriate to their age, and which has the aim for furthering
educational benefits to the child and make him/her effectively participate in the classroom. their progress towards these levels.” The process of inclusive education is supported by
2. Non-discriminatory Identification and Evaluation. It refers to the process, instruments, various international legal sources especially the Declaration of Salamanca (1994). In this
and qualifying tools used to identify individuals with a disability. It is a requirement that declaration, the fundamental principle of an inclusive school which states that “all children
should learn together, wherever possible, regardless of any difficulties or differences they intellectual disability, benefits of inclusion for students without disabilities, and benefits of
may have.” Inclusive schools must recognize and respond too the diverse needs of their inclusion for teachers, parents and communities.
students, accommodatingbooth different styles and rates of learning and ensuring quality
education.” (Salamanca Statement, 1994: 12). This principle mirrors the idea that the Benefits of Inclusion to Students with Intellectual Disabilities
schools are responsible in addressing the needs of children with various educational needs • To develop friendships with peer groups and others
and still ensuring quality education. With this, it is the direct opposite of the old definition • Removes the barriers and build bridges to participation and learning with others •
of disability expressed various legislative sources which includes Romanian legislation Increase social relations
(Mihai, 2017). The first definition of handicap is given within law no. 53/1992 which is • Improve social skills
“persons with handicap are persons who because of some sensorial, physical or mental • Greater access to adaptive and to general curriculum
deficiencies cannot totally or partially integrate, temporarily or permanently, by their own • Improved and increase achievement in IEP goals
possibilities, in social and professional life, being necessary special protection measures.” • Peer role models for academic, social, and behavior skills
Sensorial, physical, or mental deficiencies “are those which limit participation to “social • Improve acquisition and generalization skills
and professional life” of disabled persons. Society is not responsible of the misfit of these • Increase inclusion in future environments and other settings
persons as considers the social model of disability (Mihai, 2017). 6 The real inclusive • Many opportunities for interaction
education of children with diverse needs can be achieved provided that there are no
physical, psychological, or other barriers in an educational establishment and there are Benefits of Inclusion for Students without Disabilities
appropriate resources and pieces of technical equipment available. Highly trained and • Students will have a positive attitude towards students with disabilities
qualified teachers and supportive stakeholders are part of the success of inclusion • Meaningful friendship with students with special needs
(Dokhoyan, et al 2017). With that the term inclusion is understood in its anthropological • Promotes empathy, acceptance, and appreciation of individual differences
sense in that it refers to the human presence of being, doing, thinking, and valuing for • Increase understanding and acceptance of diversity
which human beings assign meaning and purpose. Human beings do not just exist to live • Respect for all people
privately in the world. Humans live, move, and breathed in the public arena and build up • Appreciate individual uniqueness and identity
particular, diverse, and varying ways of acting and interacting, telling stories, and so on and • Prepares the students in adult life in an inclusive society
so forth. (Etherington and E.J. Boyce, 2017)
Benefits for Inclusion for Teachers, Parents, and Communities
The Risk of Inclusive Education As presented in the paper of Dokhoyan, Ismailova, • Parents are better equipped to handle their children
Yegizarjants, and Sokolova (2017), there are several risk factors in inclusive settings. They • Students with special needs are better prepared for independent living
are the following: • Behavioral problems of children with special needs are controlled in the community
1. The lack of sufficient knowledge on the real psychological condition of children with • Students learn to respect diversity and use this experience to benefit the school and the
disabilities of the regular and special education teachers which may aggravate the condition community and their workplace.
of the child • Promotes collaboration among family, school, and community
2. The lack of skills of the schoolteachers in using programs, special methods, ad assistive But amidst these benefits, the main burden of these children is to receive
device which may aggravate the child’s condition additional support and services of speech, physical, occupational therapists and other
3. A high rate of work within the school education program which leads to bulk f specialists which usually falls on the family which is somehow costly.
requirements for children with disabilities without considering their present psychological
and mental state. Lesson 2- Diversity in Classroom
4. Disagreements of parents of normally developing children who are educated alongside A. What is Diversity?
with “abnormal students” which will lessen the quality of instruction and education as a Diversity is any dimension that a person or a group can be differentiated from one another.
whole. It is all about empowering people by respecting and appreciating individual differences in
5. The absence of highly qualified therapists (speech, occupational, physical) who could terms of age, ethnicity, religion, disability, sexual orientation, education, and national
provide additional services to the children with special needs origin. Diversity allows the exploration of this differences in a safe, positive, and nurturing
environment. It means understanding each other’s individual uniqueness by extending
On the other hand, a researcher Shinde Vinodrao V. (2016) outlined the benefits of degree of tolerance and patience to ensure that a person really value their differences. This
inclusive Education in three categories, namey benefits of inclusion for students with allows everyone to embrace and celebrate the richness of the scope of diversity within each
individual and have a positive and wholesome regard on diversity in the classroom, within nutshell, diversity has two types of dimensions- the inner dimension which we can control
the school system, and the community as a whole (Global Diversity Practice, 2020). because it is innate in us and the outer dimension that if given the right circumstances may
be controlled. Diversity may include may include anything and everything which sets us
B. Loden’s Diversity Wheel apart. It does not focus only on the visible aspects of us but the invisible which reside our
The diagram below is Loden’s Diversity Wheel Loden’s Diversity Wheel represents the beliefs and values. This wheel was created to bridge the similarities and differences
various dimensions of diversity. As a teacher candidate, it is critical that you understand the between cross societal and cultural boundaries (Lou and Dean,2010).
factors that make up and influence a person’s individuality. This will make you truly
welcoming and truly inclusive. If we would be narrow-minded in looking what constitute C. Diversity and Inclusion
diversity, we will miss the opportunity of effectively establishing connections and serving Diversity and inclusion stand side-by-side. Inclusion is an effort in which an individual or
all members of the community most especially your students in your respective classrooms group is welcomed, equally treated, and culturally and socially accepted. These differences
It was Marilyn Loden and Judy Rosener in 1990 who developed a framework for thinking could be innate or built in a person while other attributes are acquired. Inclusion is a sense
about the different dimensions of diversity within individuals and institutions. Depicted as of belonginess. An inclusive classroom welcomes everybody regardless of disability, age,
concentric circles, this “Diversity Wheel” can be used in many different ways to encourage social status, cultural and ethnic background, and so on and so forth. In an inclusive
thinking about values, beliefs, and dimensions of identity for people and organizations classroom, each person is accepted and respected for who he/she is. Inclusion is a paradigm
(YMCA of the USA, 2020). shift, new mindset in education that has visible results to the behavior of the students and
the entire members of the school system through modification and accommodation of the
different needs of these diverse students. The process of inclusion help students to achieve
more and maximize their full potential. This process is also rewarding to the teachers and
to the school staff as a whole ( Raina, 2012)

Lesson 3- Gender in the Classroom: Making Words Inclusive

Gender bias is a behavior which shows that you are favoring one gender over the other. It
cannot be denied that most often, gender bias is favoring men over women, boys over girl,
and so on and so forth. Gender bias in education is takes a gradual and commulative effect
in which few only take notice of. Over the years, so much time, energy, and effort were
given to boys and misconceptions that girls need to attend to the household chores and look
after the home and siblings. Sociologist would agree that although there are biological
differences between male and female, gender roles are heavily influenced by processes of
socialization operating in family, school, media, and community as a whole (Raina, 2012).
Teachers are even unaware of their biased teaching behavior because they simply teach
how they are taught and exposed to subtle genderbiased teaching instructional materials
which are overlooked. In the paper of Raina, it is recommended that we teachers must
advocate gender-biased in the classroom. The best we to start is by using gender-neutral
words in the classroom as we deliver our instruction and overall teaching behavior. Below
is the list of gender-biased words with their gender-neutral words counterpart.
1. Ladies and gentlemen- folks or everybody
2. Mankind- humankind
3. Man/men- people
4. Congressmen- members of congress
Based on the diagram, ethnicity and age are core to our individuality while religion and 5. Councilman- councilperson
belief, gender, are core but we cannot change them. They are labelled as inner embedded 6. Chairman- chairperson
sphere in which we as humans do not have any control since they are part of our diversity. 7. Freshmen- fist year students
Those life experiences that we have in the outer sphere make us different from each other. 8. Man-made- machine-made, synthetic, or artificial
We have control on these experiences which may change or may not change overtime. In 9. Father/mother- parent
10. Son/daughter- child brotherhood Kinship
11. Sister/brother-sibling common man Community/Common Person, average
12. Nice/nephew- nibling countryman person
13. Husband/wife/girlfriend/boyfriend- spouse/partner/significant other fatherland compatriot
14. Steward-stewardess- flight attendant fellowship native land
15. Saleslady/saleswoman- salesperson/sales representative forefathers camaraderie ancestors
fraternal forebears warm
EXAMPLES OF GENDER-SENSITIVE LANGUAGE Frenchmen intimate
Compiled by Service-Growth Consultants Inc. May 2003 Below are lists of common Man/ mankind the French
gender-biased terms and bias-free substitutes mother tongue humankind, humanity, humans
A. Occupational References rise of man native language
Biased Biased-free thinking man rise of civilization
Businessman Business Executive working man/working woman thinking person/thinker/intellectual
career girl Entrepreneur wage earner/taxpayer
career woman Professional Manager D. Other Stereotypes
cleaning lady Courier/Messenger Biased Biased-free
delivery boy Supervisor Clerk/Office Assistant King-size jumbo, gigantic
foreman Receptionist Kingmaker power behind the throne
girl Friday Insurance Agent Lady woman
insurance man Proprietor/Building Manager Ladylike courteous/cultured
landlady/landlord Mail Carrier/Letter Carrier Like a man resolutely/bravely
mailman Journalist/Reporter Maiden name birth name
newsman Police Officer Maiden voyage first voyage
policeman/policewoman Repairer/Technician Man (verb) staff/run
repairman serviceman sales Clerk/Sales Rep/Sales agent service Man enough strong enough
waitress/waiter Representative Manhood adulthood
workman Server Manly strong/mature
Worker Manpower human resources
B. Role References Master(noun) owner/expert/chief/superior
Biased Biased-free Master(verb) learn, succeed at, overcome
Alumni Graduates Master (adj.) expert/gifted/accomplished
Chairman/Chairwoman Chair/ Chairperson Master of ceremonies host/emcee/moderator/convenor
Committee man/Committee womanCommittee Member Masterful skilled/authoritative/commanding
Corporate wife corporate spouse Mastermind(noun) genius/creator/instigator
Faculty wife Faculty Spouse Mastermind(verb) oversee/launch/originate
Front man front/figurehead Masterpiece work of genius/chef d’oeuvre
Hostess Host Masterplan comprehensive plan/vision
Housewife, Househusband Homemaker Masterstroke trump card/stroke of genius
Middleman Go-between Man of action dynamo
Man and wife Husband and wife Man of letters scholar/writer/literary writer
Ombudsman Troubleshooter Man of the world sophisticate
Self-made man Self-made person/entrepreneur Man-hour staff hours/hours of work
Spokesman Spokesperson/representative Motherly loving/warm/nurturing
C. Group References One-up manship upstaging/competitiveness
Biased Biased-free Statesman diplomat/public servant/political leader
Workmanship quality construction/expertise (2) use of psychological tools, particularly language, mediate development of higher
E. Turns of Phrase mental functions, and (3) learning occurs within the Zone of Proximal Development. While
Biased Biased-free we discuss these ideas separately, they are closely interrelated, non-hierarchical, and
All men are created equal we are created equal connected.
Be his own boss be one’s own person Human development and learning originate in social, historical, and cultural interactions.
Best man for the job best person for the job Vygotsky contended that thinking has social origins, social interactions play a critical role
Boys will be boys kids will be kids especially in the development of higher order thinking skills, and cognitive development
Everybody and his brother everybody and his cousins cannot be fully understood without considering the social and historical context within
Every man for himself everyone for themselves which it is embedded. He explained, “Every function in the child’s cultural development
A man’s home is his castleyour home is your castle appearstwice:first, on the social level, and later, on the individual level; first between
John Q. Public the average citizen people (interpsychological) and then inside the child (intrapsychological)” (Vygotsky,1978,
Every schoolboy knows every school child knows p. 57). It is through working with others on a variety of tasks that a learner adopts socially
Gentleman’s agreement honorable/ informal agreement shared experiences and associated effects and acquires useful strategies and knowledge
No man’s land limbo, unclaimed theory (Scott & Palincsar, 2013).
To a man to a person, without reception
Rogoff (1990) refers to this process as guided participation, where a learner actively
The use of gender-neutral words or gender-sensitive language should be part of your acquires new culturally valuable skills and capabilities through a meaningful, collaborative
advocacy as a teacher candidate for it promotes inclusion. The use of first-person first activity with an assisting, more experienced other. It is critical to notice that these
before disability is also one of your missions in promoting inclusion. So, instead of saying culturally mediated functions are viewed as being embedded in sociocultural activities
he is autistic child, visually impaired student, hearing-impaired person, disabled person, rather than being self-contained. Development is a “transformation of participation in a
and so on and so forth, you say, a child with autism, a student who is visually-impaired, a sociocultural activity” not a transmission of discrete cultural knowledge or skills (Matusov,
person who is hearing impaired, a person with disability, etc. Persons with exceptionalities 2015, p. 315).
are persons; disability is just a part of him/her as a person. Applying first-person-first
coupled with the use of gender-neutral and gender-sensitive language models inclusive Use of psychological tools, particularly language, mediate development of higher mental
atmosphere in the classroom. Your students with special needs who learns alongside with functions. Another important aspect of Vygotsky’s views on learning is the significance of
their non-disabled learners will feel a sense of belongingness as they journey with you with language in the learning process. Vygotsky reasoned that social structures determine
your inclusive teaching behavior and practices. people’s working conditions and interactions with others, which in turn shape their
cognition, beliefs, attitudes, and perception of reality and that social and individual work is
Lesson 4- Historical and Sociocultural Foundations mediated by tools and signs, or semiotics, such as language, systems of counting,
SOCIOCULTURAL THEORY conventional signs, and works of art. He suggested that the use of tools, or semiotic
Lev Vygotsky- A proponent of a sociocultural theory. A sociocultural theory focuses on mediation, facilitates co-construction of knowledge and mediates both social and individual
which children’s cognitive development is influenced by the cultures in which they are functioning. These semiotic means play an important role in development and learning
reared and the people who teach them. In his early workings he advocated what is known through appropriation, a process of an individual’s adopting these socially available
as “full inclusion model (Lipsky and Gardner, 1996). Vygotsky express firm conviction psychological tools to assist future independent problem solving (John-Steiner & Mahn,
that special needs education should not be diminished version of regular education, but a 1996).
speedily designed setting where the entire staff of the school are able to exclusively serve
the individual needs of the students with disabilities, special needs need special trained Vygotsky viewed language as the ultimate collection of symbols and tools that emerge
teacher’s, a differentiated curriculum, special technological auxiliary means and simply within a culture. It is potentially the greatest tool at our disposal, a form of a symbolic
more time to learn. All these should be available in the methods of teaching that should be mediation that plays two critical roles in development: to communicate with others and to
change not the school setting. Students must always be maintained as much as possible construct meaning.
within the inclusive social and cultural environment of the school
Learning occurs within the zone of proximal development. Probably the most widely
Fundamental principles of sociocultural perspectives on learning applied sociocultural concept in the design of learning experiences is the concept of the
Three themes are often identified with Vygotsky’s ideas of sociocultural learning: (1) Zone of Proximal Development (ZPD). Vygotsky (1978) defined ZPD as “the distance
human development and learning originate in social, historical, and cultural interactions, between the actual developmental level as determined by independent problem solving and
the level of potential development as determined through problem solving under adult 1997- IDEA amends that students with disabilities are to be included in on state and
guidance or in collaboration with more capable peers” (p. 86). He believed that learning district-wide assessments. Regular Education teachers are now also required to be part of
should be matched with an individual’s developmental level and that in order to understand the IEP team. These changes included and/ or affected: l FAPE l Nondiscriminatory
the connection between development and learning, it is necessary to distinguish the actual evaluation l IEP l LRE l Discipline l Related Services l Parents Rights
and the potential levels of development. Learning and development are best understood 2001- No Child Left behind: This states that all students (including those with disabilities)
when the focus is on processes rather than their products. He considered the ZPD to be a to be proficient in math and reading by the year 2014
better and more dynamic indicator of cognitive development since it reflects what the 2004- IDEA changes again many ways. The biggest change creates more accountability at
learner is in the process of learning as compared to merely measuring what the learner can the state and local levels. Another change is that the school districts must provide
accomplish independently, reflecting what has been already learned (Vygotsky, 1978). instruction and intervention for students to help keep them out of special education, if
The distance between the actual developmental level as determined independent problem possible
solving
Lesson 5-Philosophical and Theoretical Foundations
Ideas such as ZPD and scaffolding bring to light a fundamentally different view of an PHILOSOPHY OF INCLUSIVE EDUCATION
instructor who serves more as a facilitator of learning rather than a fount of knowledge. For almost quarter century, services to people with disabilities were seemingly endless
Likewise, the learner takes on more responsibilities such as determining their learning state of flux. In this process, the central themes that emerged and changed the future
goals, becoming a resource of knowledge for peers, and actively collaborating in the direction of services were deinstitutionalization, normalization, equal rights, access, least
learning process (Grabinger, Aplin, & Ponnappa-Brenner, 2007) restrictive environment and community based services.
PHILOSOPICAL FOUNDATION
The historical foundations timeline of special education • should have the rights as normal children do.
1965- Congress adds Title IV to the elementary & Secondary Education Act of 1965, • must NOT be isolated nor be looked down.
which created a Bureau of Education for the Handicapped (today, this bureauis called the • must be treated as persons of dignity.
office of Special Education Programs or OSEP). At this time, educating students with • needs should be provided
disabilities is NOT mandated by federal or state law.
1972- Supreme Court Decisions apply the equal protection argument to students with
disabilities [PARC v. Pennsylvania (1972) and mills v. D.C Board of Education (1972).
Some students with disabilities start going to school as a result of these court decisions. Models of Services
1973- Section 504 of the rehabilitation Act of 1973 is enacted, which protects qualified The various initiatives for disabled always reflected two primary approaches to
individuals from discrimination based on disability. Since this law was enacted without rehabilitation i.e., individual pathology and social pathology. In the former approach, the
excitement, most educators did not know it applied to public schools. individual is seen as problem while in latter the environment is seen as problem. Within
1975- The education for all handicapped Children Act is authorized and is now known as these two approaches, four models of disability emerged, which are - the charity model, the
the Individuals with Disabilities Education Act (IDEA). This mandated that all school bio-centric model, the functional model and the human rights model (NCERT, 2006).
districts to educate students with disabilities. This included: providing federal funding. a. The Charity Model. The charity model brought out various welfare measures like
FAPE, LRE, Procedural safeguards, Non-discriminatory evaluations. And IEPs. providing care, shelter and basic needs. This resulted in establishment of more number of
1977- The final regulations for EAHCA are determined, which include rules for school residential units that provided custodial care. These institutions functioned like detention
districts to follow when providing an education to students with disabilities. centres and there was no public accountability or comprehensive provisions of services that
1986- The EACHA adds the Handicapped Children’s Protection Act, giving parents and would enhance the quality of life for individuals with disabilities. Eventually, this model
students rights under EACHA (now IDEA) and section 504. resulted in marginalization and disconnect with the larger society.
1990- The Americans with Disabilities Act (ADA) uses Section 504 regulations - “504 b. The Bio-centric Model. Evolving from the previous model, bio-centric model regards
Plans” are now made for individual students and have become much more common in disability as a medical or genetic condition and prompted to seek medical treatments as
schools now. only means 25 of management. The role of family, society and government was flippant
1990- The EAHCA is now called the individuals with Disabilities Education Act (IDEA). according to this model. However, medical diagnoses and biological treatments have to be
One of the biggest changes to this Act is the transitional services for students with necessarily part of the rehabilitation of the disabled along with the family and social
disabilities. This included changes such as: l The word “handicap” was changed to support to participate in the activities of social life.
“disability” l Person first language l Added Traumatic Brain Injury (TBI) and Autism c. The Functional Model. In the functional model, entitlement to rights is differentiated
categories l Transition services l Assertive technology & related services according to judgments of individual incapacity and the extent to which a person is
perceived as being independent to exercise his/her rights. For example, a child’s right to most countries for many years and typically include options from mainstream classrooms
education is dependent on whether or not the child can access the school and participate in with support from specialist teachers or teaching assistants, through resource rooms or
the classroom, rather than the obligation being on the school system becoming accessible to special classes within mainstream schools, to separate special schools. A typical continuum
children with disabilities. Thus, it may not pose obligation to schools for facilitating barrier includes the options below:
free education.  mainstream class with differentiation of work by the class teacher
d. The Human Rights Model . The human rights model positions disability as an  mainstream class with guidance for the teacher provided by a specialist teacher
important dimension of human culture and it affirms that all human beings are born with  mainstream class with support for the pupil from a teaching assistant
certain inalienable rights. According to this model, the principle of respect for difference  mainstream class with some time spent in a resource room
and acceptance of disability as part of human diversity and humanity is important, as  special class within a mainstream school
disability is a universal feature of the human condition. It purports to identify those barriers  special class that is part of a special school but is attached to a mainstream school
for participation in society and removes them. Advocating for non-discrimination, it also  special school which is on same campus as a mainstream school
calls for reasonable differentiation only to create specialized support services for effective
 special school on a separate campus; residential special school on its own campus.
participation in the society.

BASIC PHILOSOPHY OF SPECIAL EDUCATION Lesson 6 Legal Foundation

“Every child with special needs has a right to an educational program that is suitable to his UNCONVENTION ON THE RIGHTS OF THE CHILD (1989)
needs.” “Special education shares with regular education basic responsibilities of the The United Nations Convention on the Rights of the Child (commonly referred to as the
educational system to fulfill the right of the child to develop to his full potential.” CRC, CROC, or UNCRC) is the most widely ratified human rights treaty in the world. It is
Developing a comprehensive system of inclusive special education A new theory has been a human rights treaty built on different legal systems and cultural traditions which sets out
proposed that synthesizes theory and research from both special education and inclusive the civil, cultural, economic, political and social rights of children. In doing so it declares a
education in order to present a model for providing effective education for all children with universally agreed set of non-negotiable standards and obligations. The Convention was
SEND (special educational needs and disabilities) Th e theory of inclusive special adopted and opened for signature, ratification and accession by the United Nations
education comprises a synthesis of the philosophy and values of inclusive education along Assembly through resolution 44/25 on November 20, 1989 and it came into force on
with the strategies and interventions used in special education. The theory of inclusive September 2, 1990. As stated in Article 1, for the purposes of the Convention, a child is
special education provides guidelines for policies, procedures and evidence-based teaching defined as any human being under the age of eighteen.
strategies that will support the delivery of effective education for all children with SEND. Every right spelled out in the Convention is inherent to the human dignity and the holistic
The goal of this new approach is to ensure that all children with SEND are effectively and harmonious development of every child. The four core principles of the Convention
educated in special or mainstream facilities, wherever most is appropriate, from early are:
childhood through secondary school education. Thus, the model combines key aspects of 1. Non-discrimination (article 2): All children have rights, regardless of race, color, sex,
special education and inclusive education to form inclusive special education. language, religion, political or other opinion, national, ethnic or social origin,
Inclusive special education is about providing the best possible instruction for all children property, disability, birth or other status.
with SEND, in the most appropriate setting, throughout all stages of a child’s education, 2. Devotion to the best interests of the child (article 3): The child’s best interests must be a
with the aim of achieving the highest possible level of inclusion in the community post- primary consideration in all decisions affecting her or him.
school. Its focusis on effectively including as many children as possible in mainstream 3. The right to life, survival and development (article 6): All children have a right to life,
schools, along with the availability of a continuum of placement options from mainstream and to survive and develop – physically, mentally, spiritually, morally, psychologically and
classes to special schools, and involving close collaboration between mainstream and socially – to their full potential.
special schools. 4. Respect for the views of the child (article 12): Children have the right to express
Continuum of placement options from mainstream classes to special schools Inclusive themselves freely on matters that affect them, and to have their views taken seriously.
special education recognizes that, although the majority of children with SEND can be As documented by UNICEF, the 54 articles included in the Convention address the
effectively educated in mainstream classes, there are a minority of children with higher following rights:
levels of SEND who benefit more from being educated in resource rooms, special classes  Article 1 (Definition of the child): The Convention defines a ‘child’ as a person
or special schools for some or all of the time at school (Kauffman & Badar, 2014a; NCSE, below the age of 18, unless the laws of a particular country set the legal age for
2010; Warnock, 2005).Therefore, it is necessary that a continuum of placement options, adulthood younger. The Committee on the Rights of the Child, has encouraged
from mainstream classes to special schools, is available. Such continua of options, often States to review the age of majority if it is set below 18 and to increase protection
referred to as cascades ofservices have been the reality of special education provision in for all children under 18.
 Article 2 (Non-discrimination): The Convention applies to all children,  Article 12 (Respect for the views of the child): When adults are making
regardless of race, religion or abilities. decisions that affect children, children have the right to say their opinion and have
 Article 3 (Best interests of the child): The best interests of children must be the this taken into account. The Convention encourages adults to listen to the opinions
primary concern in making decisions that may affect them. All adults should do of children and involve them in decisionmaking without giving children authority
what is best for children and when they make decisions, they should think of the over adults. Article 12 does not interfere with parents’ right and responsibility to
potential impacts children in particular regarding budgets, policy and laws. express their views on matters affecting their children. Moreover, the Convention
 Article 4 (Protection of rights): Governments have a responsibility to take all recognizes that the level of a child’s participation in decisions must be appropriate
available measures to make sure children’s rights are respected, protected and to the child’s level of maturity. Article 12 (Respect for the views of the child):
fulfilled. Ratification of the Convention obliges countries to review their laws When adults are making decisions that affect children, children have the right to
relating to children and all applicable services, as well as levels of funding for say what they think should happen and have their opinions taken into
these services. Governments are obliged to take all necessary steps to ensure that consideration.
the minimum standards set by the Convention are being met. They are obliged to  Article 13 (Freedom of expression): Children have the right to get and share
assist families to protect children’s rights and create an environment where they information, as long as the information is not damaging to them or others. In
can grow and reach their potential. In some instances, this may involve amending exercising the right to freedom of expression, children have the responsibility to
existing laws or creating new ones. respect the rights, freedoms and reputations of others. The freedom of expression
 Article 5 (Parental guidance): Governments should respect the rights and includes the right to share information in any way they choose, including by
responsibilities of families to direct and guide their children so that, as they grow, talking, drawing or writing.
they learn to use their rights properly. Article 5 encourages parents to deal with  Article 14 (Freedom of thought, conscience and religion): Children have the
rights issues “in a manner consistent with the evolving capacities of the child”. In right to think and believe what they choose and to practice their religion, as long
line with Article 4, the Convention awards governments the responsibility of as they are not preventing other people from enjoying their rights. Parents have an
protecting and assisting families to ensure that they fulfil their role as nurturers of obligation help guide their children in these matters. The Convention respects the
children. rights and duties of parents in providing religious and moral guidance to their
 Article 6 (Survival and development): Children have the right to live. children. At the same time, the Convention recognizes that as children mature and
Governments should ensure that children survive and develop healthily. are able to form their own views, some may question certain religious practices or
 Article 7 (Registration, name, nationality, care): Children have the right to a cultural traditions. The Convention supports children’s right to examine and
legally registered name officially recognized by the government. Children have express their beliefs, whilst respecting the rights and freedoms of others.
the right to a nationality (to belong to a country). Additionally, children have the  Article 15 (Freedom of association): Children have the right to meet together
right to know and, as far as possible, to be cared for by their parents. and to join groups and organizations, as long as it does not stop other people from
 Article 8 (Preservation of identity): Children have the right to an identity – an enjoying their rights. In exercising their rights, children have the responsibility to
official record of who they are. Governments should respect children’s right to a respect the rights, freedoms and reputations of others.
name, a nationality and family ties.  Article 16 (Right to privacy): Children have a right to privacy. How can we
 Article 9 (Separation from parents): Children have the right to live with their promote equality among children? The law should protect them from attacks
parent(s), unless it has a negative impact on them. For children whose parents do against their way of life, their good name, their families and their homes.
not live together, they have the right to stay in contact with both parents, unless  Article 17 (Access to information; mass media): Children have the right to get
this may cause harm to the child. information that is important to their health and well-being. Governments have an
 Article 10 (Family reunification): Families members who live in different obligation to encourage mass media – radio, television, newspapers and Internet
countries should be allowed to move between those countries so that parents and content sources – to provide information that children can understand, and to not
children may remain in contact, or be reunited as a family. promote materials that could harm children.
 Article 11 (Kidnapping): Governments should take steps to stop children being  Article 18 (Parental responsibilities; state assistance): Both parents share
taken out of their own country illegally. This article is particularly concerned with responsibility for bringing up their children, and should always consider what is
parental abductions. The Optional Protocol on the sale of children, child best for each child. Governments must respect the responsibility of parents for
prostitution and child pornography has a provision that concerns abduction for providing appropriate guidance to their children – the Convention does not take
financial gain. responsibility for children away from their parents and give more authority to
 governments. It obliges governments to provide support services to parents, without the use of violence. Any form of school discipline should take into
especially if both parents work outside the home. account the child’s human dignity. Governments must ensure that school
 Article 19 (Protection from all forms of violence): Children have the right to be administrators review their discipline policies and eliminate any discipline
protected from being hurt and mistreated, physically or mentally. Governments practices involving physical or mental violence, abuse or neglect. Young people
should ensure that children are properly cared for and protected from violence, should be encouraged to reach the highest level of education of which they are
abuse and neglect by their parents, or anyone else. In terms of discipline, the capable.
Convention does not specify what forms of punishment parents should use,  Article 29 (Goals of education): Children’s education should develop each
however any form of discipline involving violence is unacceptable. In most child’s personality, talents and abilities to the fullest. It should encourage children
countries, laws already define what sorts of punishments are considered excessive to respect others, human rights and their own and other cultures. It should also
or abusive. It is the duty of each government to review these laws in line with the help them learn to live peacefully, protect the environment and respect other
Convention. people. Children have a particular responsibility to respect the rights their parents,
 Article 20 (Children deprived of family environment): Children who cannot be and education should aim to develop respect for the values and culture of their
looked after by their own family have a right to special care and must be looked parents. The Convention does not address such issues as school uniforms, dress
after in a correct manner by people who respect their ethnic group, religion, codes, the singing of the national anthem or prayer in schools. It is up to
culture and language. governments and school officials in each country to determine whether, in the
 Article 21 (Adoption): Children have the right to care and protection if they are context of their society and existing laws, such matters infringe upon other rights
adopted or in foster care. The first concern must be for their well-being. The same protected by the Convention.
rules should apply whether they are adopted in the country where they were born,  Article 30 (Children of minorities/indigenous groups): Minority or indigenous
or if they are taken to live in another country. children have the right to learn about and practice their own culture, language and
 Article 22 (Refugee children): Children have the right to special protection and religion. The right to practice one’s own culture, language and religion applies to
help if they are refugees (if they have been forced to leave their home and live in everyone; the Convention here highlights this right in instances where the
another country), as well as all the rights in this Convention. practices are not shared by the majority of people in the country.
 Article 23 (Children with disabilities): Children who have any kind of disability  Article 31 (Leisure, play and culture): Children have the right to relax and play,
have the right to special care and support, as well as all the rights in the and to join in a wide range of cultural, artistic and other recreational activities.
Convention, so that they may live full and independent lives.  Article 32 (Child labor): Governments should protect children from work that is
 Article 24 (Health and health services): Children have the right to good quality dangerous or might harm their health or their education. Although the Convention
health care – to safe drinking water, nutritious food, a clean and safe environment, protects children from harmful and exploitative work, there is nothing in it that
and information to help them stay healthy. Rich countries should help poorer prohibits parents from expecting their children to help out at home in ways that
countries achieve this. are safe and appropriate to their age. If children help out in a family farm or
 Article 25 (Review of treatment in care): Children who are looked after by their business, the tasks they do should be safe and suited to their level of development
local authorities, rather than their parents, have the right to have these living and comply with national labor laws. Children’s work should not jeopardize any
arrangements monitored and evaluated regularly to see if they are the most of their other rights, including the right to education, or the right to relaxation and
appropriate. Their care and treatment should always be based on “the best play.
interests of the child”. (see Guiding Principles, Article 3)  Article 33 (Drug abuse): Governments should use all means possible to protect
 Article 26 (Social security): Children – either through their guardians or directly children from the use of harmful drugs and from being used in the drug trade.
– have the right to help from the government if they are poor or in need.  Article 34 (Sexual exploitation): Governments are obliged to protect children
 Article 27 (Adequate standard of living): Children have the right to a standard from all forms of sexual exploitation and abuse. This provision in the Convention
of living that is good enough to meet their physical and mental needs. is enhanced by the Optional Protocol on the sale of children, child prostitution and
Governments should help families and guardians who cannot afford to provide child pornography.
this, particularly with regard to food, clothing and housing.  Article 35 (Abduction, sale and trafficking): The government should take all
 Article 28: (Right to education): All children have the right to a primary measures possible to make sure that children are not abducted, sold or trafficked.
education, which should be free. Wealthy countries should help poorer countries This provision in the Convention is enhanced by the Optional Protocol on the sale
achieve this right. Discipline in schools should respect children’s dignity and of children, child prostitution and child pornography.
schools must be run in an orderly way. In line with Article 19, this should occur
  Article 36 (Other forms of exploitation): Children should be protected from any Article 1 defines the purpose of the Convention: to promote, protect and ensure the full and
activity that takes advantage of them or could harm their welfare and equal enjoyment of all human rights and fundamental freedoms by all persons with
development. disabilities, and to promote respect for their inherent dignity Articles 2 and 3 provide
 Article 37 (Detention and punishment): No person is allowed to punish children definitions and general principles such as communication including Braille, sign language,
in a cruel or harmful way. Children who break the law should not be treated plain language and nonverbal communication, reasonable accommodation and universal
cruelly. They should not be put in prison with adults, should be able to keep in design.
contact with their families, and should not be sentenced to death or life Articles 4–32 define the rights of persons with disabilities and the obligations of states
imprisonment without possibility of release. parties towards them. Many of these mirror rights affirmed in other UN conventions such
 Article 38 (War and armed conflicts): Governments are obliged to do as the International Covenant on Civil and Political Rights, International Covenant on
everything they can to protect and care for children affected by war. Children Economic, Social and Cultural Rights or the Convention Against Torture, but with specific
under 15 should not be forced or recruited to take part in a war or join the armed obligations ensuring that they can be fully realized by persons with disabilities.
forces. The Convention’s Optional Protocol on the involvement of children in Articles 33–39 govern reporting and monitoring of the convention by national human
armed conflict further develops this right by raising the age for direct participation rights institutions (Article 33) and Committee on the Rights of Persons with Disabilities
in armed conflict to 18 and establishing a ban on compulsory recruitment for (Article 34).
children under 18. Articles 40–50 govern ratification, entry into force, and amendment of the Convention.
 Article 39 (Rehabilitation of child victims): Children who have been neglected, Article 49 also requires that the Convention be available in accessible formats.
abused or exploited should receive special help to physically and psychologically
recover and reintegrate into society. Particular attention should be paid to THE UNESCO SALAMANCA STATEMENT
restoring the health, self-respect and dignity of the child. This report from the UN’s education agency calls on the international community to
 Article 40 (Juvenile justice): Children who are accused of breaking the law have endorse the approach of inclusive schools by implementing practical and strategic changes.
the right to legal help and fair treatment in a justice system that is respectful of In June 1994 representatives of 92 governments and 25 international organizations formed
their rights. Governments are required to set a minimum age below which children the World Conference on Special Needs Education, held in Salamanca, Spain. They agreed
cannot be deemed criminally responsible and to provide minimum guarantees for a dynamic new Statement on the education of all disabled children, which called for
the fairness and quick resolution of judicial or alternative proceedings. inclusion to be the norm. In addition, the Conference adopted a new Framework for Action,
 Article 41 (Respect for superior national standards): In the case that the laws the guiding principle of which is that ordinary schools should accommodate all children,
of a country provide better protection of children’s rights than the articles in the regardless of their physical, intellectual, social, emotional, linguistic or other conditions.
Convention, those laws should apply. All educational policies, says the Framework, should stipulate that disabled children attend
 Article 42 (Knowledge of rights): Governments should make the Convention the neighborhood school 'that would be attended if the child did not have a disability.'
known to adults and children and adults should assist children to learn about their Education for all
rights. (See also article 4) The Statement begins with a commitment to Education for All, recognizing the necessity
and urgency of providing education for all children, young people and adults 'within the
 Articles 43-54 (implementation measures): discusses how governments and
regular education system.' It says those children with special educational needs 'must have
international organizations should work to ensure children’s rights are protected
access to regular schools' and adds:
The UN Convention on the Rights of Persons with Disabilities was adopted in 2006.
Regular schools with this inclusive orientation are the most effective means of combating
Ireland signed the Convention in 2007 and further to its ratification in March 2018 it
discriminatory attitudes, creating welcoming communities, building an inclusive society
Promote the peace and diversity in our community. enters into force from 19 April 2018.
and achieving education for all; moreover, they provide an effective education to the
The purpose of the Convention is to promote, protect and ensure the full and equal
majority of children and improve the efficiency and ultimately the cost-e effectiveness of
enjoyment of all human rights and fundamental freedoms by all persons with disabilities,
the entire education system
and to promote respect for their inherent dignity. It applies established human rights
principles from the UN Declaration on Human Rights to the situation of people with
disabilities. It covers civil and political rights to equal treatment and freedom from
discrimination, and social and economic rights in areas like education, health care,
employment and transport. States which ratify the UN Convention commit themselves to
delivering civil and political rights to people with disabilities, and to progressive realization
of social and economic rights.