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DOCUMENT RESUME RC 018 629 ED 343 770 Johnson, Marilyn J. AUTHOR American Indians and Alaska Natives with TITLE Disabilities. Department of Education, Washington, DC. Indian SPONS AGENCY Nations At Risk Task Force. PUB DATE 91 43p.; In: Indian Nations At Risk Task Force NOTE Commissioned Papers. See RC 018 612. Information Analyses (070) PUB TYPE MF01/PCO2 Plus Postage. EDRS PRICE Alaska Natives; *American Indian Education; American DESCRIPTORS Indians; ',Curriculum Development; *Disabilities; *Educational Diagnosis; Elementary Secondary Education; *Special Education; Special Needs Students; *Student Evaluation; Student Placement; Teaching Methods Bilingual Special Education; Education for All IDENTIFIERS Handicapped Children Act ABSTRACT American Indian and Alaska Native children with special needs experience the same ineffective and inefficient services as other minority language children. This paper discusses the special needs of Native children, assessment and curriculum issues, and recommendatiwis for improvement. It provides statistics for various categories of handicaps and for Native preschool children, school-aged children, and adults. Some conditions affecting Native children at high rates are described: learning disabilities, fetal alcohol syndrome, communication disorders, hearing impairments, and meningitis. Support for the education of disabled persons has been secured through legislation, particularly P.L. 94-142, which outlines procedures for screening, referral, assessment, placement, and staffing. Nevertheless, assessment practices have been criticized. Particularly relevant for Native students are criticisms related to cultural and linguistic test bias, the creation of self-fulfilling prophecies, and the widespread use and misuse of standardized tests. Alternative assessment practices include academic task analysis, pluralistic assessmont, culture-fair procedures, an advocacy-oriented model, and addition of a sociocultural dimension. Curriculum issues and recommendations are related to bilingual special education, the Regular Education Initiative, early childhood education, reading instruction, mathematics instruction, and functional life skills. Also discussed are teacher shortages, parent and community involvement, the need for preschool programs, and future Native programming needs. This paper contains over 150 refeLo-s. (SV) x*************rt***:**************************************************** Reproductions supplied by EDRS are the best that can be made from the original document. *********************************************************************** 6.7 OA. Mt I -111111 11.41 411 .1111-f 1. . American Indians and Alaska Natives with Disabilities U.s. DEPARTMENT Of EDUCMION Mice ol Educational Research and lrnpnwernent EDUCATIONAL RESOURCES INFORMATION 7 CENTER (ERIC) ent heti been rOrbalCed IS ThiS dOCurn reCeived trOrn the persOn or organilation pnginating it Marilyn J. Johnson 0 Minor changeS have Caen made to improv reprodochon Quality Points Ot valw of opinions stated in this docu- ment do not necessarily represent official OEFII POsitton or Policy Introduction with the language of law that protects them. The capacities of the various educational institutions The education of cultural and language must be determined and the resources necessary minority children with special needs has been for fulfilling those needs must be recognized. filled with controversy for decades. After years of This paper attempts first, to describe the spe- hiding these children in homes, relegating them to cial needs of American Indian and Alaska Native obscure corners of schools, or isolating them in children ar reported in various statistical reports poorly staffed programs, America has gradually and the Indian Nations at Risk (INAR) Task Force modified its policies and practices in response to hearings. Second, it reminds us of the laws litigation and legislation. If it were not for the protecting the rights of these children. Third, it courage of parents, enlightened educators, and emphasizes educational efforts that are ap- other supporters, the educational conditions for propriate for their needs. Fourth, recommenda- children with special needs would have remained tions are advanced for implementation and reform. in the dark ages of education. Yet, the changes that have occurred, as a result of statute, regulation, Statement of the Problem and policy, have not swept away all the problems facing these children. Therefore, we must be American Indians and Alaska vigilant in tE protection of the educational oppor tunities for children with special needs and Natives and Special Education monitor implementation of regulations, allocation American Indian and Alaska Native children of resources, and staffing of programs. Any slack- with special needs have experienced the same in- ening of effort will result in diminished effort by effective and inefficient services as other language school officials, policymakers, and tribal leaders. minority children. Their needs have been ignored Evaluations of American Indian and Alaska or subjugated to the lowest levels of priority. One Native education and subsequent decisions for need not look far into the past to recognize the lack reform which ignore the special educational needs of concern accorded to special education programs. of Native children cannot b.. tolerated. The When resources of schools became strained, it was humaneness of facilitating educational opror- the special education students who used portable tunities for Native children with disabilities has buildings, basements, or buildings in most need of been embraced by many. Yet, many other repair. When materials were needed to provide a educators have yet to be convinced of the benefits culturally and linguistically appropriate program, of education for disabled children. Resistance, lack none were available. When staff were required to of awareness, and iow priority have been major meet the various co.aditions of need, few teachers setbacks for implementation of special education were certified tu prv.ide appropriate instruction. services. It is true that providing an appropriate In short, needs of students in special education educational environment for special needs were often last to be addressed and first to be children is philosophically and pedagogically com- reduced. plex. The needs of Indian children with special needs The tribal leader, politician or even the most cannot be excluded, limited, nor ignored in our renowned Indian educators may have limited evaluation and recommendation for changes in training in the field of special education. Their education for American Indian and Alaska Na- visions of education, therefore may be blurred tives. To continue in this vein is to exacerbate their when dealing with Indian children with special disabilities and to maintain their poshure as needs. It is imperative that we gain clarity and children at greatest risk. To provide spe al educa- understanding on the extent of the needs of Native tion and related services is to give our Native children with disabilities. Leaders of tribes and children with disabilities a chance at life and their educational institutions must become familiar families an opportunity to have pride in their rtrY AVAILABLE indiLns Nations At Risk: Solutions for the 1990s achievements striving toward contributing par- redundant to make such a statement, it is impor- ticipants in family, and community. tant to note that in the delivery of service to Indian children, their disabling condition does not Population preclude the presence of a cultural and language base. They are not acultural. People with dis- American Indians numbered 1.9 million people based on the 1990 Census. Based on estimates for abilities are members of their cultural group the general population for the percentage of people Acoma, Choctaw, Shoshone-Bannock, Navrkjo, and who would likely be disabled which is 10 percent. Yakima etc. Acknowledging this premise is to It would be estimated that 190,000 American In- recognize that the extent to which education and dians, while three percent of the general popula- services incorporate culture and language and tion would have a significant level of disabilities. their disability is to serve the entire individual. American Indians, however, experience disability Legislation at 1 112 times the rate for the general population (Morgan & O'Connell, 1986). Legislation has been a leveraging mechanism Indian children who require special education through which support for disabled persons has services in order to access education represent been secured. Legislation which has had sig- nearly 17 percent of the enrollment in the Bureau nificant impact on assurances for people with dis- of Indian Affairs and 9.88 percent of the public abilities include: The Rehabilitation Act of 1973 school enrollment (O'Connell, 1987). Based on and subsequent amendments, amendments to The these percentages and projected estimates from Elementary and Secondary Act (ESEA) of 1976, the OCR data, over 44,700 Indian children had The Education for All Handicapped Act of 1974 and subsequent amendments, (P.L.101-476, In- been placed in special education, most of them in dividuals with Disabilities Education Act) the categories of learning disabilities and speech impaired. Developmental Disabilities Act of 1984, and the It is important, however, to describe briefly and Americans with Disabilities Act of 1990. call attention to those behaviors which charac- The Rehabilitation Act, Public Law 93-112 terize Native people both as individuals and as enacted in 1973 included language which specifi- cally addressed discrimination against persons members of a tribal group. Characteristics might with handicaps. Specifically, Section 504 of this include the manner and language of greeting; pat- legislation stated: terns of interaction with family or tribal members; expectations we have ofone another and with those No otherwise qualified handicapped in- we interact; vocabulary and language use in dMdual in the United States, as defined in English and/or native language; participory section 7 (6), shall solely by reason of his roles in ceremonies, social events, etc. For ex- handicap, be excluded from the participation in, be denied the befits of, or be subjected to ample, when visiting one's family, protocol may discrimination under any program or activity require the visitors to shake hands with all those receiving Federal financial assistance. present. Verbal greetings may be defined by the A 'handicapped individual' was defined as "... age or status of an individual. Ceremonies or tribal any individual who (a) has a physical or mental rituals may hold expectations for family or clan disability which for such individual constitutes or members to contribute in terms of time, energy, or results in a substantial handicap to employment donation of food or other items. The use and ap- and (b) can reasonably be expected to benefit in propriateness of humor might be observed along terms of employability from vocational rehabilita- with acceptable topics of humor. Teasing may be tion services ..." (Public Law 93-112 Section 7 (6)). acceptable between certain members of the family Amendments to The Elementary and Second like uncle and nephew. These various aspects of Education Act of 1976 provided grants to states behavior are typically learned through observation including the Bureau of Indian Affairs through and in context. Thus, a norm for behavior is estab- Title VI for special education projects. The BIA lished. Those whose actions are beyond the norms applied for and administered funds t. develop for behavior might not fit in as readily. projects for Native children with special needs. Native children with disabilities need also to In 1974, the Education for All Handicapped Act, have the same opportunities to learn acceptable Public Law 94-142 was passed addressing specifi- behaviors through observation and through situa- cally education of children with disabilities. tions where they can try out the behaviors in a safe Parents and advocacy groups brought attention to environment. Regardless of the disabling condi- the exclusion of children with handicaps who were tion, the children are American Indian and Alaska being denied the right to an education. Two cases language, Natives first and all that it may entail were particularly significant in securing the right culture, values, and beliefs. While it may seem 2 3 . . 4- 11110.r. 4140Ps. Disabilities and Special Education to an education for children with handicaps Specifically, Section 130 stated that the vices. Pennsylvania Association for Retarded Children Commissioner "... may make grants to the govern- (PARC) v. Pennsylvania (1971) and Mills v. Board ing bodies of Indian tribes located on Federal and of Education of D. C. (1972). Both cases were based State reservations to pay 90 percent of the costs of on equal protection of the law. Provision of a free vocational rehabilitation services for handicapped public education, if provided to all school-aged American Indians residing on such reservations." children, could not be denied to children with hand- Authorization was given for appropriations to icaps "on the basis of an unalterable trait their Indian tribes in "... the sum shall be not less than handicap" (Turnbull & Turnbull, 1978 cited in 1/4 of 1 percent and not more than 1 percent of the Baca & Cervantes, 1989). The act defines a hand- amount under paragraph (1) as determined by the icapped child as follows: mentally retarded, hard Secretary." Presently, .14 tribes are recipients of grants under this subsection. The 1986 of hearing, deaf; speech impaired, visually hand- icapped, seriously emotionally disturbed, or- reauthorization of the Rehabilitation Act included thopedically impaired, other health impaired, that "... where appropriate, may include services deaf-blind, multihandicapped, or a specific learn- traditionally used by Indian tribes" (Section 211 ing disability. (b)). Inclusion of this part permits the use of cul- Key elements contained in Public Law 94-142 turally unique services such as native healing for which were meant to protect children from being the purpose of rehabilitation. misplaced in special education are as follows: The Developmental Disabilities Act of'1984 was enacted for purposes which included: (a) provision Screening. Broad scale-testing proce- of comprehensive services to persons with develop- dures are employed to identify students mental disabilities, (b) to assist States in planning who may require more intensive assess- activities, (c) to make grants for model programs, ment. demonstration programs, and training grants. The ReferraL Appropriate specialists are con- Act also included authority for the Secretary to sulted about a student who may require make grants for projects including those of "nation- further assessment and special education al significance ... which hold promise of expanding services. or otherwise improving services to persons with Assessment. Information is systematical- developmental disabilities (including Native ly collected regarding the student's men- Americans). tal, social, academic, and psychological The Americans with Disabilities Act of' 1990 performance to identify specific abilities (Public Law 101-336) referred to as "civil rights" and weaknesses. legislation for people with disabilities was signed into law in July 1990. This legislation was enacted Staffing. An official meeting involves all to "extend protection to people with disabilities in concerned persons such as teacher and the public and private sector oven when they are speech therapist, concerning the education not recipients of federal funds" (Brady, 1990). and placement of a particular student. The student's primary handicap, need for spe- Natives with Disabilities cialized services, and type of intervention required are discussed during the staffing. Background Placement. Special education programs A question often posed in varying ways has offer a variety of placement configurations. been, "Why are there so many more handicapped Placement offerings reflect the various people now than there used to be?" One factor is types of assistance that students may re- that medical care coupled with medical technology quire (Gearhart, 1980, cited in Baca & is much more readily available than it once was Cervantes, 1989, p. 90). resulting in increased survival rates. Thus, many Public Law 94-142 also requires thet there be more individuals have the chance to live longer parental involvement in the educational process of past childhood into adulthood. Secondly, legisla- the child with a disability with the specific require- tion which authorizes funds for services require ment of 9nformed parental consent'. If a parent's that recipients meet certain criteria, resulting in primary language is other than English, the parent the identification of individuals in order to meet must be informed in the language they can under- eligibility requirements. Thirdly, the number and stand. percentage of children with disabilities indicate Subsequent amendments to the Rehabilitation that American Indians and Alaska Natives ex- Act were made in 1978 for establishment of perience disabilities at a higher rate than the American Indian Vocational Rehabilitation Ser- 3 Indians Nations At Rivk: Solutions for the 1990s general population. Fetal alcohol syndrome, for year. It was estimated that approximately 2,110 to example occurs at particularly high rates in some 2,948 children on reservations with BIA schools tribes. Other conditions have resulted from might need, but were not receiving special educa- suspected maternal exposure to radioactive areas tion services. For the children receiving special resulting from mining activitiee. Thus, irrespec- education services (838), service providers in- cluded one or more of the following: BIA, Head tive of the causes for the Native children and their disabling conditions, they are among us. The most Start, IHS and public schools. Nearly one-fourth of important questions are 'What are their needs?' the 791 children with individual educational plans and 'How can we meet those needs?' (IEPs) were not receiving the full complement of services prescribed in their IEPs. However, the Need number of children who are receiving inadequate services may be an underestimate because IEPs Disabling conditions occur at every stage of life including stages prier to birth conception and at often contain services which agencies are able to provide rather than those which represent the the pre-natal stage. Children with disabilities may experience delays in normal or avei age develop- actual needs of the child. ment in areas of: (e.) mental development, (b) sen- School-Aged Children sory abilities, (c) communication abilities, (d) social A national study was conducted in 1987 to development, and/or physical development. Disa- identify problems and needs of American Indians bling conditions can result from genetic anomalies with handicaps (O'Connell, 1987). Data on the (Down Syndrome), teratogenic substances like al- cohol (fetal alcohol syndrome), and bacterial infec- school-aged children was derived from two sources . tions like hemophilus influenza type B the Bureau of In dian Affairs and the US Depart- (meningitis). ment of Education, Office of Civil Rights. These The needs of American Indian and Alaska Na- two sets of data provide information on 95 percent tives with disabilities are determined by the num- of the Native school-aged children. The Bureau of ber of individuals with disabilities and the type of Indian Affairs schools have 10 percent of Indian disability. These two bases of information will student enrollment and public schools which serve 85 percent of the students. determine the resources that are needed. The num- There were limitations in the two sources of ber of Indian people needing services is determined data, BIA data included the number of chi,dren by the definitions operationalized through legisla- tion for pre-school aged children, school-aged served in 10 categories, whereas OCR colLocced data on children receiving Special Education sei - children, and adults. Table 1 provides information vices within public schools in rive categories. on the number and/or percentage of disabilities followed by the types of disabilities which affect Projections for the total number of Native children with disabilities was 44,752. The data revealed Native people at high rates. that half (50.05%) of the Indian children were Pre-school children classified as Learning Disabled. The second and Head Start programs have been the primary third highest placements in special education were agency servingNative children with disabili ies. In Speech Impaired (25.17%) and Educable Montally Retarded (11.26%) respectively. Based on 5 the year 1984-85, 11.52 percent (1,907 of 16,548) of the Head Start enrollment were children with categories of disabilities (educable mentally retarded, trainable mentally retarded, speech im- handicaps in 103 Indian Head Start programs. The percentage of children with handicaps served by paired, seriously emotionally disturbed, and learn- ing disabled), the percentage of American Indien Head Start increased from 8.7 percent for 1979-80 to 11.52 percent for the 1984-85 school year. For and Alaska Native school-aged children with dis preschool-aged children, information has become abilities was the highest at 9.88 percent, with the available through a report mandated by the 1986 exception of Blacks at 10.31 percent. The percent- amendments to the Education for Handicapped age of white children with handicaps was 8.51 percent. Act, Public Law 100-297 (GAO, 1990) to determine the number of 3 and 4 year old children needing Data from the BIA show that 16.89 percent of the student enrollment are placed in Special services and the type of services. It was estimated Education, whereas 11.20 percent of the US stu- that there are 8,500 to 12,800 preschool children of ages 3 and 4 years with disabilities. Of these es- dent population are placed in Special Education. Half (8.72%) of the Indian students enrolled in timates, 3,000 children were on 63 reservations Special Education are categorized as learning dis- with Bureau of Indian Affairs (BIM schools. Fur- abled. The second highest category for Special ther, of the 3,000 children, 838 were receiving special education services in the 1988-89 school Education placements in BIA schools were speech 4 5 1 o PPVI PROM I P Disabilities and Special Education TABLE 1 Comparison of Percentages by Handicapping Condition from Office of Civil Rights, Bureau of Indian Affairs and U.S. Population Data Categou B1A % OCR % U.S. % Mentally Retarded 1.04 1.66 1.84 Specific Learning Disabled 8.72 5.28 4.73 Seriously Emotionally Disturbed 0.65 0.61 0.96 Multi-Handicapped 0.38 0.18 Hearing Impaired 0.05 0.18 Visually Impaired 0.02 0.08 Orthopedically Impaired 0.06 0.15 Other Health Impaired 0.14 0.18 Speech Impaired 5.74 2.33 2.90 Deaf-Blind 0.005 Residential handicapped 0.09 Total Special Education 16.89 9.88 11.20 Note: From "A Study of Special Problems and Needs of American Indians with Handicaps both On and Off Reservation," (p. 25) J.C. O'Connell (Ed.), 1987, Northern Arizona University. Indians students with disabilities (mentally impaired (5.74%) and mentally retarded (1.04%),It nrist be noted, however, that the categ my of retarded, speech impaired, seriously emotionally speech impaired is a duplicated count for children disturbed, and learning disabled) in programs in- in BIA schools. All children receiving speech ser- creased 41.8 percent. During this period, 80 per- cent of the American Indian children in special vices are counted even when if they are counted in another category. For example, a student might be education were in the categories of learning dis- counted as both mentally retarded and speech im- abled and speech impaired. paired. Adults with Disabilities There appears to be some discrepancy in the This report focuses on education of Indian percentages for students in the categories such as children, however data from the vocational mentally retarded and hearing impaired. The per- rehabilitation system which serves adults with centage in the category of mentally retarded within disabilities is important to consider as an index of BIA was 1.04 percent as compared with the U.S. anticipated needs. In the Survey of American In- rate of 1.84 percent. In view of conditions such as dians and Alaska Natives (SAIAN) for 1987 fetal ;;lenhol syndrome and meningitis which are (Altman, 1990) which included issues on health frequently associated with mental retardation, it status and health care, it was estimated that is likely that the percentage of mental retardation / as reported by BIA is an underrepresentation. It is 172,512 individuals 18 years of age and nleer had possible that Child Find activities are missing some type of limitation. "This number re, esents some children with special needs. Similarly, the 33 percent of the total estimated populath, 18 and number and percentage of Native children with over who are served by the Indian Health Service and live on or near a reservation" (Altman, 1990, hearing impairments is considered to be an under- pp 10-11). In particular, Native men and women estimate. Conditions such as otitis media continue to be prevalent among Native people. In the state ages 18-44 are more likely to report limitation of a of South Dakota, hearing impairments are repor- usual activity due to a health condition than would be reported by the general population. There is an tedly 20-30 percent higher for Native children than alarming relation between the accidents and resul- for non Native children. tant disability. Of those who survive accidents, 25 In a comparison of data from the US Depart- percent report total work limitation, while 37.5 ment of Education, Office of Civil Rights, "the number of American Indian students attending percent reported some activity limitation. While there are conditions which result in disa- public elementary and secondary schools [between bling conditions from conception, during pregnan- 1978 and 1986] ..." increased eight percent. In this cy, or in early childhood, there are conditions which same period, however, the percentage of American 6 5 Indians Nations At Risk: Solutions for the 1990s can be prevented like auto accidents which have tive children with disabilities to Vocational devastating and long-term disabling effects. Issues Rehabilitation. and concerns in adulthood are similar to those of In the years of 1987 and 1988, tribal vocational nondisabled individuals. Education or training rehabilitation projects served 1,035 clients with leading to employment is a typical oNective of disabling conditions such as follows: (a) alcoholism (272), (b) "othee disabilities (181), (c) or- young adults with independence being a high con- sideration. Many Native disabled adults perceive '.hopedic/musculoskeletal (113), (d) mentally the possibility of independent living much less retarded (96), (e) learning disabled (84), (f) spinal employment to be merely a dream. The state- cord injury (43), (g) mental illness/psychological federal system ofvccational rehabilitation services (42), and (0 arthritis (41) (Lonetree, 1989, p. 21). which is available to any disabled persons affords The category oP'other" disabilities included those individuals the opportunity to achieve goals of such as heart conditions, renal conditions, cancer, independent living, training and/or employment. respiratory related conditions, speech disorders, Vocational rehabilitation (VR) is a federal-state diabetes, and back injuries. Services provided to system of services for adults with disabilities. the Native people with disabilities were of four Vocational rehabilitation services are based on categories: (a) personal counseling, (b) vocational eligibility criteria rather than on an entitlement counseling, (c) vocational evaluations, and (d) basis. Although American Indian and Alaska Na- psychological testing. Other services included: (a) tives have a rate of disability 1 1/2 times greater resource management, (b) training, (c) transporta- than the general population, they are under- tion, (d) on-the-job training, (e) education, and (0 represented in the service delivery system of voca- physical capacity evaluation (Lonetree, 1989, p. tional rehabilitation. In 1978, amendments to the 24). Rehabilitation Act included a section authorizing Effects of Socio-Economic Conditions funding for Indian Vocational Rehabilitation Programs in an amount "... not more than an Native people experience rates of disability at amount equal to 1 percent of the amount ap- considerably higher rates than for the general US propriated for this subsection." ... population. In addition to high rates of disabilities, Fourteen tribes have been awarded funds to Native people are affected adversely by socio- operate tribal vocational rehabilitation programs. economic indices in areas of education, health, In 1987, a total of 574 individuals were referred for economy, unemployment, and high rates of pover- services; 341 American Indian and Alaska Native ty. In the 1980 US Census (1983), 27.5 percent of clients received services from nine of the tribal American Indians had incomes below the poverty vocational rehabilitation projects. In 1988, the level compared with 12.4 percent of the general number of clients referred was 846; those who population. Examples of the percentage of families received services increased to 643 served by 16 in poverty for specific tribes are: Navajo 42.7 projects. percent; Sioux 36.5 percent; Pueblo tribes Sources of referrals to the tribal vocational 28.5 percent; Choctaw 17.7 percent; Apache 29.6 percent; and Creek rehabilitation projects came from a variety of agen- 16.7 percent. Although conditions of poverty are not causal factors of des, however of the 574, the largest source was through self-referral (144, 25%) for the year 1987. learning difficulties or developmental delays, they limit resources brought about by poverty and Other referral sources were: Indian Health Service reduce or eliminate access to services which can (93, 16%); Social Security Administration (54, 9%); and public school (31, 0.5%). In 1988, other agen- improve the quality oflife (News Digest, 1987). For cies were involved in making the 846 referrals example, poverty conditions can influence and including: Social Welfare (190, 22%); self-referral limit access to health care and educational oppor- tu aides and impact on nutrition. A low socio- (165, 19.5%); tribal organization (65, 7.6%); and public schools (31, 0.3%). Issues of transition for economic level will likely the affect the quality of life. Educators must recognize that children from disabled individuals from school to work have been of concern. For example, when disabled students family situations of limited income do not equate exit from high school including dropouts, are they with nor cause limited intelligence. The parallel is referred to Vocational Rehabilitation? drawn that a child from a disadvantaged family If not, in (limited resources) will be a disadvantaged what activities are they involved, if any? The low percentages of referrals of less than a half percent learner. Two levels of assumptions typify reactions to children from disadvantaged families: (0.5% and 0.3%) indicates that networks need to be established which would facilitate referral of Na- First, stereotypic ideas about the capabilities of a child who is poor or who belongs to an ethnic minority will detract from an accurate 7 6 Disabilities and Special Education assessment of the child's real educational primarily the result of visual, hearing or problems and potential. Second, by focusing motor handicaps of muttal retardation, or on family deficiencies, ... (one) misscs the emotional disturbance, or of environmental, strengths of the cultuies from which many cultural, or economic disadvantage. (US Of- disadvantaged students come. focusing fice of Education, 1977, p. 65083) only on family dysfunction may obscure ... This definition states specifically that learning the larger picture of n community's culture disability shall not be used to define children with and its strengths. (Knapp & Turnbull, 1990, learning difficulties which might be attributed te P. 5) culture or economic disadvantage. In addition, an Such perceptions by teachers and evaluators individual who spoke or wrote in a lenguage other may steer their decisions toward special education than English could not be conr4dered as having a referral and placement more readily than a well- learning disability in the absence of other charac- dressed child from a middle class family. teristics which define learning disability. Types of Disabilities Fetal Akohol Syndrome (FAS) Tyres of disabilities provide indicators of the In the early 1970s, Jones and Smith (1973) range of resources needed for persons with dis- brought attention to the relationship between al- abilities. Conditions which are prevalent among cohol abuse during pregnancy and the resultant Native children include learning disabilities, fetal birth defects. The syndrome is characterized by alcohol syndrome, meningitis, hearing impair- pre- and post-natal growth deficiencies, dysmor- ments, communication disorders and others. The phic facial features, and central nervous system prevalence of disabling conditions observed at the dysfunction (Clarren & Smith, 1978). Among pre-school age provide us with information on American Indians and Alaska Natives, the in- planning and development of services for school- cidence of fetal alcohol syndrome ranges from 1 in age populations. Similarly, disabling conditions 100 births to 1 in 750 births (May, Hymbaugh, observed in the school-age population indicate the Aase, & Samet, 1984). services for which we can plan in the adolescent Individuals with fetal alcohol syndrome may and adult age groups. Brief descriptions are require a range of services based on the severity of provided of some conditions which affect Native the syndrome. Services might include medical ser- children at high rates learning disabilities, fetal vices, educational services, and family and com- alcohol syndrome, meningitis, hearing impair- munity resources (Giunta & Streissguth, 1988). ments, and communication disorders. Medical care and services stem from the array of conditions like malformations ofthe ear, eye, heart Learning Disabilities defects, cleft lip and palate, and skeletal The category in which the largest number of anomalies. Central nervous system dysfunctions Native children are identified is learning dis- might be observed through a weak suck, feeding abilities. Learning disabilities are not easily and sleeping difficulties, and a failure to thrive. defined perhaps because of the diversity of condi- The FAS child will likely continue to be 'small for tions which might constitute a learning disability. his age.' This category defines broadly, persons "who dis- Infants and young children with FAS can play a significant discrepancy between expecta- benefit from early intervention to promote mental tions for academic performance and actual and motoric development. The infant stimulation performance." (Coplin & Morgan, 1988, p. 614). or preschool services may not ameliorate sig- Regulations for Public Law 94-142 were released nificantly the intellectual or physical deficits, how- in 1977 pertaining to definitions for learning dis- ever it can offset any further deterioration. It is ability which included specific criteria: possible that FAS children would qualify for Spe- 'Specific learning disabilltr means a disor- cial Education services thereby receiving the der in one or more of the basic psychological educational support that is essential for them. processes involved in understanding or in Vocational training in high school should be an using language. spoken or written, which option and opportunity, the label ofFAS/FAE how- may manifest itself in an imperfect ability to ever does not automatically result in special educa- listen, think, speak, read, write, spell, or to tion placement as the post-secondary training do mathematical calculations. The term in- programs may be too rigorous and difficult for FAS cludes such conditions as perceptual hand- minimal brain brain icaps, injury, students. In addition, it would be most beneficial dysfunction. dyslexia. and developmental for FAS individuals to acquire life skills such as aphasia. The term does not include children "money management, safety skills, interpersonal who have learning problems which are (Giunta & Streissguth, 1988, p. 456). Indians Nations At Risk: Solutions for the 1990s Observations of FAS individuals indicate that example, in South Doatota, otitis media is reported "they are at higher than average risk for physical to occur in Native children at a rate 20-30 percent abuse, sexual abuse, and neglect. They are fre- higher than for non-Native children (Pipes, 1990). quently raised in high-risk environments by However, it is suspected that the detection ofhear- mothers who struggle for sobriety, have few ing loss goes undetected for Native children there- resources, and little support" (Giunta & by missing the opportunity for appropriate Streissguth, 1988, p. 456). A parent who adopted educational and therapeutic interventions. Impact FAS children describes them similarly "Our older of hearing loss may affect language development children,....cannot function independently, cannot and possibly educational lag. Even a mild hearing hold jobs, tell the truth, manage money, plan a loss can result in a student being a grade level future" (Dorris, 1990, p. 3). behind (Quigley, 1978). Dorris (1990) estimated that the number of Meningitis babies born annually who will experience learning problems due to prenatal exposure to alcohol and Estimates are that the bacteria of hemophilus crack cocaine is 300,000. Concern exists as to influenza type b (RIB) which causes meningitis whether the number of FAS or drug babies will affects Navajo and Apache children at a rate 10 to continue to increase. Given these estimates, the 50 times greater than in the general population of population of FAB and FAE children will be three children (Habbersett, 1989). Of the approximate million in ten years 12,000 cases of klIB, most of the cases affect "if" the rate were constant. While the consequences of FAS are devastating American Indian and Eskimo children. Although and irreversible, fetal alcohol syndrome is prevent- half of the children with meningitis recover, 5-10 percent will die and 30 percent will experience able. adverse neurological effects. Most of the children Communication Disorckrs affected by meningitis are under the age of 12 National estimates of children under the age of months. Meningitis can result in paralysis, mental 18 years with communication disorders is 10 per- retardation, or speech and hearing impairments. cent (Boone, 1987). Harris (1986) suggested that the rates of communication disorders among Assessment American Indian children may be 5 to 15 percent American Indian and Alaska Native students greater than in the general population. A conser- with special needs are placed in instructional vative estimate is that 70,000 Nadve children may programs influenced by the assessment process a', be in need of services for communication disorders required by law and regulations. The assessmen (Pipes, 1990). Conditions which affect communica- process is a critical component in making decisions tion include cleft palate and cleft lip, which occur for the students' programs. Key issues in assess- at a rate of 1 in 400 among American Indians as ment that need to be addressed in evaluations of compared with a rate of 1 in 700 for the general US American Indian and Alaska Native atudents with population (Pipes, 1990). special educational needs are presented in this In reference to Native children who speak their section. native language or who lack proficiency in English, it is critical that clinicians determine if indeed a Assessment Requirements speech or communication disorder exists. Produc- According to Public Law 94-142 tion of language by bilingual speakers should not Children are referred for evaluation for a range be misdiagnosed as disorders of articulation, voice, of educational concerns. The assessment process is or fluency. Determination of the existence of a meant to determine the nature of the concern and speech or language disorder would necessitate an how the need can be met, possibly through special assessment of communicative competence. For ex- education or other services. While there may be ample, a speech or language difference might be variations to the implementation of assessment, observed only in one language (English or native Public Law 94-142 requires the following: language) and not the other. Factors to be con- -State and local education agencies shall sidered include: (a) language of proficiency, (b) ensure, at a minimum that: language sample in school and home, and (c) tribal Testing and evaluation materials and proce- a. or regional language differences (Bernal, 1977; dures used for the purposes of evaluation Payan, 1989). and placement of handicapped children must be selected and administered so as not Hearing Impairments to be racially or culturally discriminatory. Otitis media continues to affect American In- dians at high rates leading to hearing loss. For 8 Disabilities and Special Education Testing and evaluation materials and proce- b. In the general investigation of testing practices dures must be provided and administered in throughout the United States, the following the language or other mode of communica- criticisms are equally pertinent to the special tion in which the student is most proficient, education assessment of Native students. Laosa unless it is clearly not feasible to do so. (1977) stressed the need to evaluate testing prac- Test must be administered to a student with c. tices in light of the major criticisms uncovered a motor, speech, hearing, visual, or other about testing communication disability, or to a bilingual 1. Standardized tests are biased and unfair child, so as to reflect accurately the child's ability in the area tested rather than the to persons from cultural and socioeconomic child's impaired communication skill or minorities since most tests reflect largely limited English language skill unless those white, middle class values and attitudes, are the factors the test purports to measure. and they do not reflect the experience and the linguistic, cognitive, and other cultural d. Tests and other materials used for placement must be properly and professionally styles and values of' minority group per- evaluated for the specific purpose for which sons. they are used, and administered by qualified 2. Standardized measurement procedures personnel in conformance with instructions have fostered undemocratic attitudes by provided by the producers of the tests and their use in forming homogeneous class- materials. room groups which severely limit educa- Tests and other evaluation procedures must e. tional, vocational, economic, and other include assessment of specific areas of societal opportunities. educational need. 3. Sometimes assessments are conducted in- No single test, type of test, or procedme may f. competently by persons who do not under- be used as the sole criteria for determining stand the culture and language ofminority an appropriate educational program for a group students and who thus are unable to child. elicit a level of performance which ac- Evaluation procedures must include an as- g. curately reflects the child's underlying sessment that is sufficiently comprehensive to diagnose and appraise the child's competence. suspected impairment; and a multidiscipli- 4. Testing practices foster expectations that nary approach for children suspected of may be damaging by contributing to the having severe, multiple, or complex disor- self-fulfillment prophecy which ensures ders, including a specific learning disability. low-achievement for persons who score low All relevant information with regard to the h. on tests. functional abilities of the child must be used Standardized measurements rigidly shape in making a placement determination. 5. school curricula and restrict educational (Federal Register, Aug 4, 1984, 300.158)R Special education assessment is critical to all change. other decisions. In the absence of fair or non-dis- 6. Norm-referenced measures are not useful criminatory assessment, appropriate educational for instructional purposes. decisions for Native students with special needs 7. The limited scope of many standardized may be seriously diminished. Further, to ensure tests appraises only a part of the changes that tests used in special education assessment of in students that schools should be inter- Native students is adequate and appropriate, tests ested in producing. must: (a) be administered in the child's native 8. Standardized testing practices foster a language, (b) be validated for the purpose for which view of human beings as having only in- they are used, (c) be administered by trained per- nate and fixed abilities and charac- sonnel, and (d) be tailored to the special education- teristics. al needs of the students. Certain use of tests represents an invasion 9. Criticisms of Assessment Practices of privacy. (Laosa, 1977; pp. 10-11) The recent INAR hearings had few comments In a study that examined differences in assess- on testing practices among American Indian and ment practices and procedures for Native students, Alaska Native special education students. There McShane (1979) a Native psyriologist, observed were some conceras expressed regarding the that movement away from the concerns offairness validity of tests. However, availabie testimony did and discrimination in test instruments to the ac- not elaborate on nor support that contention. tual assessment process had taken place. McShane .1 0 9

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