Special Education
BACKGROUND
[APRIL 1, 1998] Special education in Michigan is subject to federal laws
that dictate the minimum standards with which states must comply. The major federal law
relating to special education is the Individuals with Disabilities Education Act (IDEA) of
1974. The IDEA requires that all children with disabilities receive a "free,
appropriate education" that meets their individual needs. To this end, each special
education student has an "individualized educational planning committee" (IEPC)
consisting of educators, specialists, and parents. It is the IEPC that identifies a
special education pupils academic needs and specifies the best way in which to
educate him/her.
The IDEA requires that
special education be provided in the least restrictive environment (LRE) possible, to
ensure that special education students are not unnecessarily segregated or treated in a
way that is not equal to that of general-education pupils. The IDEA also requires that,
". . . removal of children with disabilities from the regular educational environment
occurs only when the nature or severity of the disability of a child is such that
education in regular classes with the use of supplementary aids and services cannot be
achieved satisfactorily."
Michigan has its own special
education regulations, and they set a higher standard than the federal requirements. For
example, certain services (particularly for children who are severely mentally or
physically impaired) must be provided for 230 days a year, 50 more than the 180 required
by federal law. The state also requires schools to educate students in some disability
categories from birth to age 26, compared to birth through age 21 as required by federal
law.
Currently, Michigan has about
200,000 special education students, about double the number of a decade ago. The number
has grown from 10.9 percent of the student population in FY 198586 to 12.0 percent
in FY 199596. These figures are consistent with the nationwide data: Special
education students comprised 10.9 percent of the national student population in FY
198586 and 12.4 percent in FY 199596.
Disabilities range from severe
mental impairment to learning disability; the latterwhich in Michigan is by far the
largest disability categoryrefers to several conditions that impair ones
ability to learn, including attention deficit disorder. In 1995, 82,239 (42 percent) of
the states special education pupils were classified as learning disabled (see the exhibit).
Increases in special education
enrollment in Michigan and the nation are due in part to a rise in the number of students
classified as learning disabled. Nationwide, pupils with learning disability comprised
43.4 percent of all special education students in FY 198596 but by FY 199596
had grown to 46.3 percentan increase of more than 700,000 new students in special
education classrooms nationwide.
No one is certain why the number of
learning disabled students is growing. Some postulate that it reflects societal troubles,
such as poor parenting, drug and alcohol use by expectant mothers, inadequate child
nutrition, or children watching too much television. Others believe that more students are
classified with learning or other disabilities than is warranted; they claim, for example,
that some teachers classify students as "learning disabled," when they may
simply learn more slowly than others, which demands more of a teachers time. These
critics call for a strict definition of what constitutes a "special education"
student or for schools to provide disincentives for teachers to classify students as
needing special education.
Although a fraction of
Michigans special education population is schooled at residential placement centers
or such setting as hospitals or home, most receive their education in one of the following
three settings:
Special
classrooms within regular schools (approximately 67 percent)
General-education
classroom for all or part of the school day (approximately 27 percent);
this is referred to as "mainstreaming"
ISD
center programs (5 percent)
In the 1980s, a few years after the
IDEA passed, mainstreaming began to emerge as a common practice, but students with the
more severe disabilities still were educated in separate classrooms and included in a
regular classroom for only a few hours a day. During the last ten years, more parents of
special education students are advocating having their children placed full time in
general-education classrooms. Even students with severe disabilities more frequently are
being educated in regular classrooms for the full school day. Often, teachers aides
are assigned to help the disabled student, or special education teachers work with the
student for part of the day in the regular classroom.
Cost
The United States can boast that its education system is among the most equitable in the
world, because it makes a genuine effort to meet all students needs. The tradeoff
for this equity is higher cost per student. Combined with the fact that more children are
being classified as needing special education each year, special education costs have been
rising and account for a greater percentage of school funding each year. In Michigan (as
in most states) there is insufficient good data to measure annual per capita costs, but a
rough estimate is $19,000 for special education pupils compared to $6,500 for
general-education students (FY 199495 data; both figures exclude transportation
costs).
Special educations higher cost
is due to several factorsone is that special education class sizes must be small, to
meet state regulations and students needs. Michigan administrative rules for special
education specify, for example, that class size must not exceed 15 pupils for educable
mentally impaired students and three for autistic students. Teacher aides are required in
many instances as well; the aide-student ratio depends on the pupils disabilities.
Special education cost was a major
factor in the recent Durant v. State of Michigan lawsuit. A group of
local school districts sued the state, claiming that it had imposed "unfunded
mandates" on them for special education and other programs in violation of the
so-called Headlee amendment to the state constitution. Plaintiffs argued that since the
state requires special education, these requirements fall under the provisions of that
amendment.
The plaintiff districts complained
that to meet state requirements they were forced to use their general fund money. After 17
years of litigation, the Michigan Supreme Court agreed with the plaintiffs and ordered the
state to pay them $212 million in retribution. To avoid similar lawsuits from districts
that were not parties in Durant, the state decided also to pay nonplaintiff districts
similar retribution for past special education and other costs. To try to ensure that
special education is not underfunded in the future, the state put additional funding for
special education into state school aid: $66.7 million for FY 199798 and $48.2
million in 199899.
DISCUSSION
Mainstreaming/Inclusion
Opponents to mainstreaming (inclusion) argue that
general-education teachers usually have had little if any special education training and,
therefore, are unprepared to educate students with such disabilities as Downs
syndrome, blindness or near blindness, deafness or near deafness, or severe hearing loss.
Some critics of full-time
mainstreaming say that having certain special education pupils in the same classroom as
general-education pupils is detrimental to the latter, because teachers must devote too
much time to the special needs of the disabled students. They point out that special
education children with emotional or other impairment often disrupt the classroom, taking
time and attention away from general-student instruction. Finally, inclusion opponents
fear that general-education academic standards will be lowered or the learning pace slowed
so as to accommodate special-education students needs.
Inclusion critics maintain that
mainstream schooling frequently is not in the best interest of the special education
student either. They point out that general classes are a good deal larger than special
education classes, and pupils with special needs receive less personal attention than in
center programs or special education classrooms. They also contend that inclusion means
that students with disabilities have less contact with teachers specially suited and
trained to teaching them. They point out that some parents who switch their children from
center programs to mainstream classrooms end up returning them to the centers because they
need the special facilities and services and the specially trained staff.
Mainstreaming advocates believe that
inclusion is highly beneficial to special education students. They say that these pupils
suffer a stigma when they are segregated in separate classrooms or buildings. They believe
that students with disabilities have a need to "fit in" and to socialize with
their peer group, and they are deprived of this when they are segregated. Advocates also
point to studies that find that special education pupils who are mainstreamed tend to have
higher academic achievement, higher self-esteem, more probability of attending college,
and even better physical health than those who are not.
Many mainstreaming advocates also
believe that inclusion promotes diversity in schools and helps all students to learn to
accept others who are different from themselves; they believe that mainstreaming benefits
general-education students and society as well as special education students.
To counter the charge that
general-education teachers are not adequately trained to educate children with special
needs, inclusion advocates point out that teachers sometimes have an aide or special
education teacher in the classroom with them. Many dispute the argument that disabled
students slow the learning rate for the rest of the class; others say it is
irrelevantinclusion is a civil right.
Despite the controversy over
mainstreaming/inclusion, there is little that state policymakers may do to slow, speed, or
change the movement toward it. Federal law specifies that schools must follow the
IEPCs decisions, and if an IEPC decides that a child should (or should not) be
placed in a general-education classroom, federal law requires that it be done. Several
lawsuits have reinforced federal law, finding that inclusion is a right, not just a
privilege, of disabled students.
Special Education Costs
Although the state is paying its Durant settlement and has increased special
education funding to avoid future underfunding, the special education cost issue is not
yet put to rest. The attorney for the districts that sued the state in the Durant
case says that the state simply has shifted funds from the state foundation grant into
special education. Supporters of another lawsuit say that this results in the schools
still having to sacrifice part of their foundation monies to pay for at least some special
education costs. At this writing, the districts are deciding whether to bring another
lawsuit similar to Durant.
Many observers feel that the Durant
suit and the threat of another will focus attention on special education costs. Some
educators, lawmakers, and others say that special education requires an unacceptably high
proportion of the states school funds, and per student costs should be reduced. They
say that laws could be changed to allow larger class sizes for special education students,
lower from 26 to 21 years the age to which some special education students must receive
schooling, ease some regulations pertaining to training special education teachers, and
make certain other changes.
There is some legislative
willingness to explore cost-cutting measures, but most observers believe that this is an
emotionally charged issue and will not be addressed in an election year. Others say that
reducing special education costs also would reduce quality, and lawmakers will be
reluctant to take that risk.
See also
Early Childhood Development; Headlee
Amendment; K12 Funding.
FOR
ADDITIONAL INFORMATION
Citizens Alliance to Uphold Special
Education
3303 West Saginaw, Suite D-1
Lansing, MI 48933
(517) 886-9167
(517) 886-9775 FAX
www.causeonline.org
Michigan Association
of School Administrators
1001 Centennial Way, Suite 300
Lansing, MI 48917
(517) 327-5910
(517) 327-0771 FAX
www.gomasa.org
National Center for Learning
Disabilities
381 Park Avenue South, Suite 1401
New York, NY 10016
(888) 575-7373
http://ncld.org
National Information Center for
Children and Youth with Disabilities
(800) 695-0285
www.nichcy.org
Special Education
Services
Michigan Department of Education
P.O. Box 30008
Lansing, MI 48909
(517) 373-6488
www.michigan.gov/mde/0,1607,7-140-6530_6598---,00.html
U.S. Department of Education
Office of Special Education and Rehabilitative Services
www.ed.gov/offices/OSERS/