Adaptation, Advocacy, and Law

Chapter 4

Adaptation

• Umbrella process that encompasses related services, and such supports as accommodations, modifications, and supplementary resources or aids • At the curricular or intervention level, adaptation is a purposeful change process to promote physical education goal achievement • Art and science of assessing, prioritizing, and managing variables to facilitate the changes needed to achieve desired physical activity or movement outcomes

An Adapted Physical Education Model

• Assess functional movement needs • Select a functional task goal • Specify objective in movement skills, movement patterns, or performance outcomes • Instruct or intervene • Evaluate the lesson or program and plan change

Selecting a Functional Goal

• Goals are statements, written in measurable terms that - – Describe what a student can reasonably be expected to accomplish within a 12-month period – Relate to state standards – Enable a student to be involved in and progress in general education – Are analyzable into short-term objectives

Assessing, Prioritizing, and Managing Variables

• Identify environmental variables that must be changed – Physical environment variables – Psychosocial environment variables – Temporal variables • Awareness of barriers to be overcome • Personal limitations that may or may not be modifiable • Enablers to facilitate desired change

Agreeing on Short-Term Objectives and Using Them to Guide Instruction

• Objectives must be written and implemented • Collaboration between student, parents, and school personnel in setting objectives for each grading period • Objectives are developed as a written contract

Engaging in Continuous Assessment

• Questions to answer before and after class • Critically thinking about changes • Utilize computers, short surveys, or tape recorders • Journals and portfolios

Evaluating the Overall Program and Planning Change

• Evaluation at the end of each grading period by a number of participants • Have barriers been overcome?

• Have personal limitations been accepted or changed?

• Have enablers been maximized to enhance goal achievement?

• Changes are planned and the cycle begins again

Adaptation of Teacher Communication

• Starting, stopping, and quiet signals – Adaptations for children who may not be able to demonstrate the signal • Standing quietly – Adaptations for sitting quietly • Utilize a count signal

Applications of the Adaptation Model

• Hearing impairment and deafness • Visual impairment • Mental retardation • Fitness needs – Problems of strength and endurance – Problems of balance and agility – Problems of coordination and accuracy

Adaptations for Hearing Impairment

• Development of self-rules to optimize residual hearing • Employment of an interpreter • Peer tutors as partners • Optimal lighting conditions • Equipment that is easier to see in relation to background colors

Adaptations for Visual Impairment

• Optimal lighting conditions • Move activities indoors • Provide a guide runner or buddy

Adaptations for Mental Retardation

• Repeating instructions back to the teacher • Assigning a buddy • Slow speaking rate • Utilize appropriate time delay interventions • Use pictorial representations

Adaptations for Fitness Needs

• Equipment, facilities, body position, time and space requirements can be altered • Problems of strength and endurance • Problems of balance and agility • Problems of coordination and accuracy

Problems of Strength and Endurance • Lower the height • Reduce the distance • Reduce the weight or size • Shorten the length • Lower the center of gravity • Use deflated balls • Decrease activity time • Increase rest periods • Use frequent rotation in and out of game • Reduce the speed of the game • Consider ambulation alternatives

Problems of Balance and Agility • Lower the center of gravity • Keep body in contact with surface • Widen base of support • Increase width of lines, rails, or beams • Extend arms • Use carpeted surfaces • Learn to fall • Provide a support for balance • Learn to use eyes optimally • Determine if problem is related to medications

Problems of Coordination and Accuracy • Use larger, lighter, and softer balls for catching • Use smaller balls for throwing • Practice distance throwing first • Use stationary balls before moving balls • Position student in front of a backstop or attach string to ball • Increase size of target or goal • Use lighter less stable pins for bowling • Optimize safety

Adaptation Strategies and Creativity

• Systematic instruction to become qualified to provide adapted physical education services • How many variables need to be change • How many way can they be altered • Different categories of change • New ways that have not been tried • Explore details to help achieve desired outcomes • Acceptance of differences and changes

Overactive Perceptions and Subsequent Distractibility

• Sensitivity to sights, sounds, smells, and touch • Difficulty in blocking out extraneous human and background variables • Hearing aids magnify sounds

Adapting or Specially Designing Sports for Specific Disabilities?

• Make as few changes as possible • Removing some adaptations in disability sport • Specially designed sport as opposed to adapted or special in some way • Adaptations provide opportunities for more players

Interacting Variables for Adaptation

• Alter variables to increase student’s awareness of what makes an activity easier or harder – Task variables – Physical environment variables – Object or equipment variables – Psychosocial environmental variables – Learner variables – Instructional variables – Temporal environment variables

Adaptation and Service Delivery

• Planning • Assessment • Preparation • Teaching/counseling/coaching • Evaluation • Consulting • Advocacy

Planning

• Gathering information about relevant variables – Who?

– What?

– Where?

– When?

– How?

• Complex and relates to all aspects of service delivery

Assessment As Part of Teaching

• Examination of both the environment and the individual – What needs to be changed – What needs to stay the same • Individualized to focus on strengths and weaknesses • Experiment to determine level of difficulty relative to the task, environment, and instruction

Preparation, Writing Objectives

• Determine objectives to be met and the activities needed for learning to occur • Objective - a specific statement that includes: – Conditions – Behavior – Success criterion

Teaching/Counseling/Coaching

• Individualization • Utilize stations • Student responsibility for learning • Movement education – Vary time, space, force, and flow • Games analysis • Changing drills into games • Counseling - someone to talk to • Coaching - personal best, improve skill and fitness

Evaluation Applied to Grading and Program Change

• Individualized • Objectives contain criteria • Relate success of objectives to grade • Percentages assigned to effort, improvement, and achievement • Personal best versus comparison

Consulting and Advocacy

• Individualized • Referrals • Homework programs • Innovative equipment • Advocate for student • Advocate for high-quality physical education and recreation experiences

Considerations in Adaptation

• Barriers and enablers • Adapting in different domains • Cooperative, reciprocal process • Choice-making and self-determination • Valued role status • Family orientation and physical activity homework • Social criteria • Sport classification systems

Considerations in Adaptation

•

Barriers and enablers

– Barriers - interactions between persons and environments that serve as limitations or constraints – Enablers - interactions that facilitate goal achievement – Determination of best combination – Ecological task analysis

Considerations in Adaptation

• •

Adapting in different domains

– Goals directed toward all domains – Affective domain - group activities – Cognitive domain - understanding of games and play concepts – Psychomotor domain

Cooperative, reciprocal process

– Students have a role in assessing and planning

Considerations in Adaptation

• •

Choice-making and self-determination

– Shifting choice-making to the student – Systematically teach choice-making – Developing a feeling of responsibility

Valued Role Status

– Set of valued activities appropriate for a specific age group – Personal best versus comparison to others or norms

Considerations in Adaptation

• •

Family orientation and physical activity homework

– Family interest and support is necessary – Build rapport with parents and work as partners

Social criteria

– Consideration of age appropriateness when selecting activities and making adaptations

Considerations in Adaptation

•

Sport classification systems

– Utilize functional classification systems – Equalizes opportunities – Balances abilities across teams – Point system – Player of low functional ability in the game at all times – Classes afford constant opportunities

Research on Adaptation

• Sport research being conducted but not published in higher education publications • Little research at the school-age level – Kalyvas and Reid (2003) • Journal of Teaching in Physical Education – Apply findings from AB research on adaptations to individuals with disabilities

Link Between Adaptation and Advocacy

• Advocate for existence of programs in adapted physical education and special education • Advocate for benefits of programs • Advocate for importance of physical activity

Adapted Physical Education and Special Education Advocacy Issues

• Coordination between general education and special education necessary • Specialized courses in university teacher preparation program • Fully prepared specialists • Removal of barriers to participation • Funding for disability sport

Physical Education Advocacy Issues

• Physical education needs to be valued as an academic subject • States establish laws for physical education requirements • General physical education in jeopardy reflects quality of adapted physical education services • Advocacy is part of the job

Advocacy Movement in Physical Education Begins in 1973

• Advocacy related to the enactment of laws – PL 94-142 - NCPERID – Advocacy efforts generally at the committee level – Newsletter -

The Advocate

– Ongoing advocacy efforts to protect and promote adapted physical education services – Legislative Update - published in

Palaestra

Advocacy Movement for Independent Living Begins in 1973

• Persons with severe physical disabilities – Independent living – Right to acquire university degrees – Ed Roberts - fought for disability rights at Berkeley - independent living movement – Centers for Independent Living • Accessible apartments • Employment opportunties • Empowerment and self-advocacy

Human Rights Movement and Advocacy

• Extension to other minorities • What does equal mean?

• History of human rights movement • Equality of opportunity does not come easily • Minorities denied citizenship privileges

Human Rights Movement and Advocacy

•

Blacks

– School segregation – Brown v. Board of Education of Topeka, Kansas – Civil rights movement – Civil Rights Act of 1964

Human Rights Movement and Advocacy

•

Females

– Legislation to prevent sex discrimination in education – Title IX of the Educational Amendments Act – Coeducational physical education programs – Justifying resources for providing equal opportunity for females and males

Human Rights Movement and Advocacy

•

Persons with disabilities

– President’s Panel on Mental Retardation – Mental Retardation Facilities and Community Mental Health Centers Construction Act - 1963 – Amendments included physical education and recreation professional training - 1967 – Special Olympics

Human Rights Movement and Advocacy

•

The Disadvantaged or Poor

– Disparities in education provided by rich and poor school districts – Elementary and Secondary Education Act - 1965 – Compensatory education for disadvantaged students – ESEA revision in 2001 - No Child Left Behind

Sports Movement and Advocacy

• Olympics – 1896 - men only – 1912 - women admitted – 1936 - prejudice against Jews and all nonwhite ethnic groups – 1960-92 - no participants from South Africa apartheid racial policies – 1972 - Arab terrorists kill Israeli Olympians

Sports Movement and Advocacy

• Paralympics – founded in 1960 – initially allowed only those with spinal paralysis to compete – 1976 - amputees and blind admitted – 1980 - cerebral palsy and les autres conditions admitted – 1992 - athletes with intellectual disabilities admitted but games were held in a different city • Paralympics and Olympics held in the same city beginning in 1988

Sports Movement and Advocacy

• Wheelchair athletes at the Olympics – Wheelchair events as full medal events – Demonstration wheelchair races at the Olympics began in 1984 – Wheelchair basketball is a separate sport and could meet Olympics standards for addition of a new sport – Athletes in wheelchairs compete in the Olympics if no adaptations are needed

Federal Intervention: General Welfare Concerns

• Knowledge and use of both state and federal law • Federal law can be enacted to intervene with state policy and practices if general welfare of citizens is inequitable or endangered • General Welfare Clause - basis of legislation that assures students with disabilities free, appropriate education - IDEA

LRE and Inclusion Philosophies

• Least Restrictive Environment - IDEA – Requires multidisciplinary assessment and input of parents and school personnel – All students in GE instruction with supports, supplementary aids, and services – Unless goals cannot be met even with support services – Continuum of placement options and services

LRE and Inclusion Philosophies

• Inclusive Placement Philosophy – Requires the same placement for everyone – Assumes appropriate support services will be available in the mainstream – Violation of fifth and fourteenth amendments when students are removed from the general classroom – Small percentage of students

Due Process and Advocacy

• Due Process is the constitutional guarantee that fair and impartial treatment procedures will be followed whenever life, liberty, or properly rights are challenged or removed • Removal of students from general education classes • Assessment practices or other procedures different from those of peers

Due Process and Advocacy

• Substantive due process - whether the rule that was violated was fair and reasonable • Procedural due process - guarantees a person the right and a meaningful opportunity to be heard and to protest before action can be taken in regard to his or her life, liberty, or property

Advocacy Behaviors - the Five Ls

• Look at Me – Setting a good example – Modeling a positive attitude toward physical activity and toward persons with disabilities • Leverage – Group action as a means of gaining advantage – Supporting or boycotting businesses and industries

Advocacy Behaviors - the Five Ls

• Literature – Assertiveness in using the written word and accompanying photos to change beliefs, attitudes, and actions – Reading and using new information in change strategies

Advocacy Behaviors - the Five Ls

• Legislation – Preparation and enactment of laws at the local, state, and national levels – Knowing, following, and enforcing the laws – Enactment and use of money generated by laws • Litigation – Use of the judicial process to force the creation of new laws and compliance with existing laws

Advocacy: A Way of Life

• Governs the way we teach • Influences friends we select • Affects the products we buy • Believe in ourselves and the process • Believe in the power of individuals to create change • Learn about legislation and litigation

Classic Lawsuits

• The Principal of School Integration – 1954 - Brown v. Board of Education of Topeka, Kansas – Separate but equal was unconstitutional • The Principal of Zero Reject – 1972 - Pennsylvania Association for Retarded Citizens (PARC) v. Commonwealth of Pennsylvania – No child can be excluded from public school programs – Led directly to enactment of PL 94-142

Classic Lawsuits

• Rowley case - clarified meaning of appropriate education as adequate or sufficient • Daniel R.R. case - clarified LRE doctrine and resulted in standard to determine when separate class placement may be more appropriate then general class placement, with support services

Resources

• American Bar Association Commission on Mental and Physical Disability Law • Center for Law and Education • Disability Rights Education and Defense Fund • EDLAW, Inc • LRP Publications • Office of Civil Rights • Special Ed Advocate

Basic Concepts in Federal Law Advocacy

• Numbering of Laws and Bills • Structure of Congress • Authorization and Appropriation • Enactment of Laws • Regulations • Obtaining Copies of Laws and Bills • Enforcement of Laws • Finding Your Congresspersons • Using the Annual Report to Congress

Numbering of Laws and Bills

• First number indicates the Congress that enacted the law • Second number states the law’s rank or order • Same number for 2-years • Number changes at the beginning of each odd-numbered year

Structure of Congress

• House of Representatives is elected every two years • Members of the Senate hold 6-year terms • Work independently to consider and pass bills • Before enactment, bills have separate Senate and House of Representative numbers

Authorization and Appropriation

• Authorization - authoring of a mandate that empowers Congress to grant money, up to a specified ceiling level, to carry out the intent of a law • Appropriation - decision making about the actual amount to be given each year to particular programs and initiatives

Enactment of Laws

• President is responsible for the annual appropriations bill • Members of Congress write bills and introduce them to the Senate and House of Representatives • Only about 5% of introduced bills become laws • Reauthorizations of earlier legislation

Regulations

• Regulations are written after a bill becomes a law • Regulations must be published in order for a bill to be enforced • Suggestions are gathered from interested persons and proposed rules are published and subjected to hearings before final regulations are published

Obtaining Copies of Laws and Bills

• Carry a copy of the law or its regulations • Obtain copies from websites or in university libraries • Federal Register • Code of Federal Regulations • United States Code

Enforcement of Laws

• 100% compliance requires individuals to point out when violations are made • Parents must often force compliance – May not understand or know the law or understand importance of physical education • Teachers must often work through parents because of fear of losing their jobs if they challenge school administration

Finding Your Congresspersons

• Washington, DC office • Cities throughout each state • First level of access is often legislative aides • Central address and phone numbers • University library • Websites

Using the Annual Report to Congress

• Published by the U.S. Department of Education - available free of charge – Progress made in implementation of IDEA legislation – National and state statistics pertaining to service delivery – Needs (met and unmet)

Laws of Special Importance in Adapted Physical Education

• Most do not identify specific disability categories • Section 504 and ADA are civil rights laws • IDEA is a federal funding statute • Eligibility for physical education - either IDEA or Section 504

PL 93-112: The Rehabilitation Amendments, Section 504

• Enacted in 1973 - implemented in 1977 • Nondiscrimination clause for programs receiving Federal financial assistance • Physical education, interscholastic athletics, and extraclass activities equal to that of peers without disabilities • Programs are accessible • 504 compliance officer

PL 93-112: The Rehabilitation Amendments, Section 504

• Eligible for adapted physical education if impairment affects at least one major life activity • Placement is most often in general physical education • No funding for eligible students • Appropriate - education comparable to the education of students without disabilities

Rehabilitation Act Amendments of 1992, 1998, and 2003/2004

• Vocational Rehabilitation Program – Employment opportunities for individuals with disabilities – Affect transition plan programs – Affect lifespan leisure opportunities and ability to participate

IDEA

• Education for All Handicapped Children Act - PL 94-142 • Individuals with Disabilities Education Act • Requires physical education services for eligible students • Free, appropriate, and in the least restrictive environment • Separates direct from related services

IDEA

• Eligible for adapted physical education if the impairment has an adverse effect on educational performance • Variety of placements possible for physical education • Funding for eligible students • Appropriate - adequate educational benefits for individuals with disabilities

Americans With Disabilities Act

• PL 101-336 - passed in 1990 • Applies to all discrimination regardless of funding source • Addresses – Employment in the private sector – Public accommodations – Public services – Transportation – Telecommunications

Developmental Disabilities Assistance Act

• PL 101-496 - passed in 1990 • Three goals – Independence – Productivity – Integration into the community • Does not define disabilities categorically • Grants funds available for eligible programs

The Amateur Sports Act and Olympic and Amateur Sports Act

• PL 95-606 - passed in 1987 • Amateur athletic programs and competition for individuals with disabilities • Integration in able-body competitions • Use of Olympic Training Center • PL 105-277 - replaced ASA in 1998 • USOC serves as the National Paralympic Committee

Physical Education Mentions in IDEA

• Physical education definition • Physical education requirement • Integration in regular physical education • Special physical education

Physical Education Definition

(2)

Physical education

is defined as follows: (i) The term means the development of: (A) physical and motor fitness; (B) fundamental motor skills and patterns; and (C) skills in aquatics, dance, and individual and group games and sports (including intramural and lifetime sports).

(ii) The term includes special physical education, adapted physical education, movement education, and motor development.

Physical Education Requirement

121a.307 Physical Education

(a) General.

education.

Physical education services, specially designed if necessary, must be made available to every handicapped child receiving a free appropriate public

Integration in Regular Physical Education

121a.307 Physical Education

(b) Regular physical education.

Each handicapped child must be afforded the opportunity to participate in the regular physical education program available to nonhandicapped children unless: (1) the child is enrolled full-time in a separate facility; or (2) the child needs specially designed physical education, as prescribed in the child’s individualized education program.

Special Physical Education (c) Special physical education.

If specially designed physical education is prescribed in a child’s individualized education program, the public agency responsible for the education of that child shall provide the service directly, or make arrangements for it to be provided through other public or private programs.

IEP Principles and Practices

• Nondisabled • General education placement • Disabled in specific curricular area(s) • Comprehensive assessment data • Specific criteria for assessment procedures • Multidisciplinary data used for decisions • Continuum of placements and services • Annual review of placement decisions • Placement in least restrictive environment • Due process procedures

Need for State Laws

• Criteria for eligibility • Adapted physical education intervention for students with psychomotor problems • State legislation needed that parallels IDEA • Expansion to include students without disabilities as well