The purpose of this study is to make a survey of state legislation for establishing special education programs for exceptional children to determine the extent to which it meets basic principles for special education of this type.

Although some literature exists that examines special education due process practices, the studies have been done in different ways and consequently result in different outcomes. Therefore the purpose of this study was to examine the one-and two-tier due process system in the United States. The study focused on national practices of due process, issues disputed, and disability categories involved in special education conflicts. A survey of the 50 state directors of special education and the director from the District of Columbia was conducted to obtain information concerning due process hearings and dispute resolution for the time period 1986-1987 to 1990-1991. Records of all reported special education litigation for the same time period were obtained from the Law Offices of Charles L. Weatherly in Atlanta, Georgia. Data from the states providing due process information were analyzed with a t-test. The remaining data, both from the survey instrument and litigation records, were analyzed using qualitative analysis, frequency counts, and percentages of the raw data. Findings of the study reveal a slight national trend toward a one-tier due process system for special education dispute resolution. Furthermore, placement remains the most frequently litigated issue, and specific learning disability the most frequently involved category in special education disputes. Finally, there is no predictable relationship between the size of the disability population and the volume of special education litigation. The results of the study evidenced the need for continued research of national practices of due process. Additional research is also needed in the areas of mediation, the costs of due process hearings, and hearing officer's authorization to award attorney fees. / Ed. D.

In the 27 years since the establishment of federal law mandating special education, no state has been fully in compliance. In addition, the voices of school personnel (special education teachers, speech and language pathologists, and school psychologists) charged with implementing these laws and regulations have been largely silent in the national research. A review of 1306 references concerning the Individuals with Disabilities Education Act (IDEA) did not find studies that included these front line school district personnel who serve as "intermediaries" and have responsibility to implement special education policy. This is the first study that provided a forum for Oregon professionals to share their concerns and suggestions regarding implementation of the IDEA. The study went beyond the enumeration of noncompliance areas, asked questions about why compliance is problematic, and compared what study participants view as problematic to litigated areas at the Oregon complaint investigation and due process hearing levels. Multiple methods in the data collection process included surveys (n=169), semi-structured interviews (n=11), and document analysis (n=147). To provide baseline information, quantitative analysis provided ordinal ranking of responses and statistical comparisons among participants from the different specialty areas, different years of experience, and different district sizes. It also compared participant responses to Oregon litigation. Part of the study used an exploratory and descriptive approach to obtain accurate and thick description of participant experiences. Participants' rankings differed significantly from identified areas in the literature and alleged violations brought in due process hearings and complaint investigations. Participants ranked least restrictive environment and evaluation concerns highest while the literature and reviewed litigation identified the individualized education program as most problematic. Differences existed among participants based on district size and their disciplines. No differences were found based on experience. A thorough review of policy and funding are indicated. Implications for practice include increased focus on the emphasis of training programs and technical support. Increasing placement options, consistency of information, streamlining of the individualized education program, and assistance in the evaluation and eligibility process are also needed. Because the study included participants from Oregon, generalizability is limited to the state. / Graduation date: 2003

The purpose of this study was to review historical legislation relevant to the education of individuals with disabilities, examine the 1997 Amendments to the Individuals with Disabilities Act and related case law, and to create a knowledge base from which school-based professionals can make legally sound policy and planning decisions and reduce liability for noncompliance with the applicable laws and regulations pertaining to the 1997 Amendments to the Individuals with Disabilities Education Act. In addition, the study provided insight into the law and increased the comfort levels of school-based personnel who deal with exceptional students, thereby increasing the likelihood of success of exceptional students being served by these professionals in traditional settings. The study sought to: (a) determine the duties and responsibi~ities of school-based administrators arising from 1997 Amendments to Individuals with Disabilities Education Act; (b) establish how recent federal legislation and regulations have changed the duties and responsibilities of school districts regarding students identified under the 1997 Amendments to Individuals with Disabilities Education Act; identify the potential liabilities and remedies fer educational insti~utions for violation of 1997 Amendments to Individuals with Disabilities Education Act; and presented recommendations for changes in policies which will contribute to an educational institution's ability to successfully meet ~he needs of disabled students as required under the 1997 Amendments to the Individuals with Disabilities Education Act.

This study explores all due process hearings that occurred in Texas public school districts from 2010-2015. Special attention was paid to the reasons for the hearings within the legal reports addressed and their outcomes. The study was conducted using a quantitative approach involving a legal document content analysis of due process hearings to select the participants to be interviewed with a qualitative semi-structured interview protocol. Following this process, nine participants from one district were interviewed. Responses were then analyzed for themes and patterns using qualitative methods, and conclusions were drawn based on the data. The study found that campus and central office administrators believed socio-economic levels, lack of empathy shown to parents, and distrust contributed to parents' decisions to file due process complaints or litigation. They also believed that placement decisions influenced by student discipline, parent denial about the impact of the disability on children, and parent entitlement played a role. Lastly, the nine participants found that parent advocacy and communication were strong contributors to the amount of due process hearings held at Evergreen ISD.

Thesis (MEd)--University of Stellenbosch, 2002. / ENGLISH ABSTRACT: White Paper 6: Special Needs Education, released in July 2001, is the response ofthe South African government's Department of Education to the inclusion movement. In this (re)search, I (de)construct this text to explore constitutions of (dis)ability and inlexclusion. I do so because I frame (de)construction as 'an aggressive, political mode of critical analysis that strips conventional and assumed truths down to their logically insubstantial bare bones' (Danforth & Rhodes, 1997: 358). I argue that it is necessary to (de)constructively read government policy that proposes a course or policy of action, particularly if, as poststructuralists state, language constitutes reality. In reading White Paper 6, I (de)construct the functionalist grand narrative as hegemonic: discourses constituted by and constituting this metanarrative, including the medical or special needs discourse, the charity discourse, the systems discourse, the business discourse and the pioneering discourse. The radical humanist grand narrative is also read as dominant, formed by and forming the rights discourse and social justice discourse. The social constructionist discourse, constituting and constituted by the intepretivist grand narrative, is (dejconstructed in White Paper 6 as not reflecting upon the social construction of disability itself, but on social constructions related to (dis)ability and inlexclusion. The objects, agents, action and binaries constituted by each of these discourses are also (de)constructed, as are the voices on the margins. The purpose of my (re)search is not to construct conclusions, but rather to (de)construct the polyphony of voices, truths and realities speaking into and out of White Paper 6. In so doing, the 'indecidability' (Silverman, 1989: 4) of the text is (de)constructed. With the indecidable (de)constructed, '... discourses can no longer dominate, judge, decide: between the positive and negative, the good and the bad, the true and the false' (Derrida, 1992: 86). (Dis)ability and inlexclusion tmths are troubled and the text is opened to different readings. / AFRIKAANSE OPSOMMING: Witskrif 6: Spesialebehoefteonderwys, wat in Julie 2001 beskikbaar gestel is, is die reaksie van die Suid-Afrikaanse regering se Departement van Onderwys op die insluitingsbeweging. In hierdie (onder)soek(e) (de)konstrueer ek genoemde teks om bepalinge van (on)vermoë en inluitsluiting te ondersoek. Ek doen dit omdat ek (de)konstruksie sien as ". .. an aggressive, political mode of critical analysis that strips conventional and assumed truths down to their logically insubstantial bare bones ... " (Danforth & Rhodes, 1997: 358). Myns insiens is dit nodig om regeringsbeleid wat 'n handelswyse ten opsigte van, of beleid vir optrede voorstel, (de)konstruktief te lees, veral indien dit is soos die poststrukturaliste voorstel, naamlik dat taal werklikheid is. Met die lees van Witskrif 6, het ek die funksionalistiese groot narratief as hegemonies geede)konstrueer: diskoerse wat deur hierdie metanarratief gevorm word en dit tegelyk ook vorm, met inbegrip van mediese of spesialebehoeftediskoers, die relaas van naasteliefde, die stelseldiskoers, die sakediskoers en die baanbrekersdiskoers. Die radikaal humanistiese groot narratief, wat die regtediskoers en die diskoers van maatskaplike geregtigheid vorm en daardeur gevorm word, word ook as dominant vertolk. Die diskoers van maatskaplike konstruktivisme, wat die interpretatiewe groot narratief vorm en daardeur gevorm word, word in Witskrif 6 geede)konstrueer, as sou dit nie op die sosiale konstruksie van (on)vermoë self sinspeel nie, maar op sosiale konstruksies wat met (on)vermoë en inluitsluiting verband hou. Die voorwerpe, agente, optrede en binêres wat deur elk van hierdie diskoerse gevorm is, sowel as die stemme op die kantlyn, word ook deur hierdie diskoerse ge(de)konstrueer. Die doel van my (onder)soek(e) is nie om uitsluitings te konstrueer nie, maar eerder om die polifonie van stemme, waarhede en realiteite wat vanuit Witskrif 6 tot ons spreek, maar ook inspraak daarin het, te (de)konstrueer. Deur dit te doen, word die "indecidability" (Silverman, 1989: 4) van die teks ge(de)konstrueer. Met die nie-besluitnemende" ... discourses can no longer dominate, judge, decide: between the positive and negative, the good and the bad, the true and the false" (Derrida, 1992: 86). (On)vermoë en die inluitsluiting van Vt'aafhede is problematies en die teks word oopgemaak vir verskillende interpretasies.

Thesis (M.Ed.) -- University of Limpopo, 2021 / The purpose of this study was to identify teachers’ perceptions towards learners with special needs, using rural schools, Kgakotlou Circuit in Limpopo Province. The study made use of the qualitative research approach where a case study design was adopted. The population of the study was formed by teachers from five rural schools in Kgakotlou Circuit. For instance: All five schools, sampled through purposive sampling technique, participated in semi-structured and two schools participated in focus-group interview. All nine teachers were able to participate in semi-structured interview whereas only four teachers took part in the focus-group interview. From the in-depth interview a lot of information regarding areas that seem to influence teachers’ perceptions was gathered. The data provided insights to the way teachers understand inclusion, and the supports that they require in practice and how they meet classroom challenges in practice. The data was analysed using thematic analysis. The study revealed that teachers’ negative and positive perceptions on inclusion of learners with special needs have a significant effect on their education. The results also showed that negative perceptions influence learners’ academic performance. The study recommends that the department of education should organise an in-service training for teachers on inclusion. Keywords: inclusion in education, teachers’ perceptions, learners with special needs

The Education for All Handicapped Children Act of 1975, P.L. 94, 142, resulted in many benefits accruing to learners with handicaps and their families. However, there were disputes between and among people from various sectors of the educational community regarding the implementation of the Act. In the past the local teacher union bargaining process has been used as a means through which some disputes may be rectified. Authors have suggested that disputes regarding the delivery of services to learners with handicaps might be resolved through teacher unions’ collective bargaining. The primary purpose of this study was to identify existing special education related language in “Pre” and "Post" P.L. 94-142 teacher union contracts. The secondary purpose was to examine the perceived needs of educational professionals for the development of formal school board policies and procedures on selected special education service delivery issues. Three data collection procedures were developed. Data were analyzed, in part, by descriptive statistics. Analyses of quantitative and qualitative data obtained from three sources revealed the following three major findings: The majority of "Pre" and "Post" P.L. 94-142 teacher union contracts contained virtually no specific special education related language. Second, all teachers’ perceptions surveyed indicated that the majority of educators perceived the need for selected special education policies as either “highly valuable" or “essential” regardless of teaching assignment (special or regular education) or employment site (urban or rural). Third, teachers consistently perceived a greater degree of need for local school boards to develop selected formal special education and service delivery policies and procedures then did special education program administrators. Recommendations for further research included a series of national surveys of unionized educational professionals to determine if these individuals can provide 1) an explanation for the inconsistency identified here between practitioners perceived need for selected special education policies and procedures and the virtual absence of any special education related contractual language in the contracts analyzed in this study; 2) what specific effect, if any, the implementation of the Regular Education Initiative (REI) has had in unionized school districts; and 3) if there is any linkage between membership on the pre-bargaining and bargaining committees and the final content of the negotiated teacher union contract. / Ed. D.

Historical documentation of the impact of PL 88-164 on the field of emotional and behavioral disorders (E/BD) and the development and implementation of teacher-training programs for children and youth identified as E/BD is limited. This study was designed to document the historical significance and professional contributions of Dr. Richard J. Whelan, Professor Emeritus, University of Kansas and his work in the development of teacher preparation training programs in the field of E/BD in institutions of higher education (IHE). The second purpose of this study was to document the legislative and program initiatives that have impacted the services, education, teaching, and research initiatives in the field of E/BD as interpreted by Dr. Whelan. The final purpose of this study was to examine the views of Dr. Whelan regarding the need for future developments in the field of E/BD. Legislative and policy efforts continue to change the climate in which children are educated. The field of special education relies on the efficacy of the training programs in IHE to provide appropriate teaching and research efforts in a manner that is consistent with the current needs of students with E/BD, their families, and the schools in which they seek to be educated. As this study revealed, understanding the history of the field, the foundational framework from which research and evidence-based practices have emerged, is paramount to forward movement in the field and necessary to the measurement of effective interventions and strategies in support of the students, their families, and those who choose this field as their lifework. It is the foundation from which educational theory is developed, researched, revised, and reflected.

The problem of this study was to determine if there are differences in the perceptions of elementary principals and special education administrators across selected variables toward their expected and actual, role responsibilities in implementing specific provisions of P.L. 94-142. Data were collected from elementary principals and special education administrators in Texas. As a measure of perceptions, the Special Education Responsibilities Questionnaire (SERQ) was completed by all elementary principals as it applied to their schools, and special education administrators as applied to their school districts. Data were analyzed using Chi-square test of independence, t-test for correlated samples, and one-way analysis of variance.