PROJECTS COMPLETED BY STUDENTS OF THE

NATIONAL LEADERSHIP TRAINING PROGRAM IN THE AREA OF THE DEAF-BLIND

CLASS OF 1977

Directed by Dr. Ray L. Jones Dr. G. Earl Sanders

CALIFORNIA STATE UNIVERSITY, NORTHRIDGE Department of Special and Rehabilitative Education Northridge, California 91324 CALIFORNIA STATE UNIVERSITY, NORTHRIDGE

PUBLIC LAW 94-142 AND THE EDUCATION OF ALL HANDICAPPED CHILDREN IN AMERICAN SAMOA

A research paper submitted to the Graduate Studies Committee in partial fulfillment of the requirements for the degree of Master of Arts in Education

by Iakopo F. Taula' i

June 10, 1977 ABSTRACT

Taula'i, Iakopo F. Public Law 94-142 and the Education of All Handi­ capped Children in American Samoa. Graduate Project, National Leader­ ship Training Program in the Area of the Deaf ~Blind, California State University, Northridge, 1977. This paper discusses the education of handicapped students in American Samoa, emphasizing some unique and important aspects of special educa­ tion in American Samoa. Samoan culture influences the education of handicapped children in American Samoa. Perhaps the greatest effect is on personnel working in departments headed by Samoans. The Special Education Division is the only local agency involved in education of the handicapped in American Samoa. The Special Education Division is divided into six separate programs, each program headed by a teacher-trainer called a coordinator. Public Law 94-142 provides for free, appropriate public education for all handicapped children in al l the states and territories of the United States. The law stipulates the procedures that state and local agencies should follow in order to recieve funding from BEH. TABLE OF CONTENTS

INTRODUCTION...... 1

St atement of Problem and Justification • • • • • 1

Definition of Terms...... • • • • 1 Procedures ...... 1 THE SAMOAN CULTURE • • • • • ...... • • • . . J Attitudes Regarding the Handicapped . . . • • • • 4 EDUCATION OF THE HANDICAPPED IN AMERICAN SAMOA. • • • 6 The Division of Special Education •. . . . • • • 6

MAIN POINTS OF PUBLIC LAW 94-142 •••. • • • • • • • 12 Protecting the Rights of Handicapped Children and Their Parents ..•••. • • • • • 16 Public Involvement ...... • . 17 State Plan ...... • • • 18 Local Application...... • • . • 18 NEEDS OF SPECIAL EDUCATION IN AMERICAN SAMOA ... , • 19

CONCLUSIONS AND RECOMMENDATIONS . . . . • • • • , 25

SELECTED REFERENCES ...... • • • I I I t 8 I • 27

FIGURE

Figure 1. Special Education Program in American Samoa ••.••...... 1

iii INTRODUCTION

Statement of Problem and Justification

American Samoa is a trust territory of the United States and should benefit from and be governed by the laws of the United States. The purpose of this paper is to determine how Public Law 94-142 may be applied to special education in American Samoa.

Definition of Terms

Contract workers, people from the United States hired to work for a specific amount of time, usually two years.

Matai system, an old system of ruling in which the matai served as the royal chief of the whole family.

Procedures

The following is a list of topics that will be discuss- ed in this paper,

1. The Samoan Culture 2. Education of the Handicapped in American Samoa J. Main Points of Public Law 94-142

1 2

4. Needs of Special Education in American Samoa 5. Conclusions and Recommendations J

CHAPTER I THE SAMOAN CULTURE

The Samoan culture is still very strong, and it is different in many respects from the so-called Western culture. The Samoan people are concerned with maintaining as much as possible of their own culture, while blending in new technology and more "advanced" ways. At this point in time, Samoa is still going through the growing pains that result from this blending of old and new. The Samoan culture has its own set of values and cus­ toms regarding authority and responsibility, as embodied in the matai system. They differ somewhat from Mainland values and must be taken into consideration when staffing, assigning roles, etc. For example, the director or "boss" is really the BOSSI She/he is expected to take full res­ ponsibility for all programs and to be rather autocratic in rule. However, many of the contract workers are not used to, or comfortable within, this framework of administration and some conflict results. The Samoan system of who can tell whom what to do does not always correlate with that system found in Western cul­ ture. One case in which it does, however, despite the feminist movement, is evidenced by the difficulty a woman has telling a man what to do. Other difficult situations 4 encountered in Samoa occur when an older woman is super­ vised by a younger woman, or when a lower chief supervises a higher chief. These situations will occur most frequently in jobs. But bear in mind that in the Samoan culture, the younger person always shows respect for the older person. I suspect that this will never change, because Samoan parents encourage respectful behavior towards older people in their children, and the Samoan culture reigns supreme in the hearts of the Samoan people.

Attitudes Regarding the Handicapped In some South Pacific cultures, the handicapped are revered as a "gift of God." This is not true in American Samoa, where having a handicapped child is seen as a visit by aitu (evil spirits) . Supposedly the parents did some­ thing wrong; hence the birth of a handicapped child, Although this attitude is changing, it still exists today. Expectations for handicapped children are for the most part low. Special education is too new, there are no other programs dealing with the handicapped, and the potential for a person with a handicapping condition has not yet been demonstrated. In the past, as now, the extended family, or aiga, cared for a handicapped child, giving food, shelter, and clothing. Generally speaking, however, the handicapped 5

were not expected to learn or be a contributing member of the Samoan culture. And even in recent times a number of children have not been admitted to school until a spe­ cial education program has been initiated. This has even happened to children with mild handicaps. When the word "handicapped" is used, it includes children who may have had (or still have) medical problems (e.g., leprosy, skin diseases, epilepsy) that caused their parents to keep them out of school. It was felt that the schools would not accept these children, or that if they were sent to school they would be ridiculed. 6

CHAPTER II EDUCATION OF THE HANDICAPPED IN AMERICAN SAMOA

The education of handicapped children in American Samoa is under the supervision and guidance of the Director of Special Education. As administrator of special educa­ tion in American Samoa, he/she is responsible f or the whole program and may use several techniques and ideas in opera­ ting the overall program. The administrator' s role is to make certain that every group has some input in the making of decisions and the carrying out of mutually agreed upon goals and objectives. In some way the administrator is a ringmaster who ties together the activities in each ring of a circus. His management skills determine how smoothly the entire program runs.

The Division of Special Education

Special education in American Samoa began in 1971 with a program for the deaf, hard of hearing, speech impaired and hospital-bound. Personnel consisted of a staff of seven and seven full-time students. Each year the number has increased, until currently there are approximately 170 students and a staff of thirty. During 1978, the Special Education Division is expected to increase its staff to fifty persons, with approximately 200 full-time students 7 and an additional 200 students involved in resource programs. Six years is an extremely short time to develop com­ prehensive programming for handicapped students. This span of time should be kept in mind when thinking about special education in American Samoa. This is a fledgling program, with none of the expertise developed over years of work and research as on the Mainland. Because of the geographic location of American Samoa, the cultural and language dif­ ferences, and the educational background of the Samoan people, it is not feasible to transplant Mainland special education policies, practices, materials and methods whole­ sale , without modification. The following sections will deal with various aspects of special education in American Samoa. Various problems are presented to clarify the differences between Samoa and the Mainland. Many are similar to problems the United States had years ago, when developing similar programs; others are comparable to more recent problems encountered in developing programs for the handicapped in other terri­ tories or in remote rural areas on the Mainland. Some of the difficulties that are discussed are the result of the unique situation and culture found in Samoa. They all serve to highlight the fact that, as much as possible, programs for the handicapped must be developed to adapt to the cul­ ture and situation that exists in Samoa. Federal rules, 8

regulations, and guidelines usually are not developed to allow the leeway needed in such situations. The Special Education Division is one of eight divi­ sions of the Department of Education. Other divisions includes libraries, elementary education, secondary educa­ tion, early childhood education, instructional development, bilingual/bicultural programs, and curriculum development. The Director of Special Education serves as the administra­ tor of the Special Education Division. Soon there will be an assistant to the Director to serve as principal, a public relations person, and an assistant director. At this time there is no principal. There are six separate programs under special educa­ tion, as followsa

1. Preschool 2. Speech and communication J. Deaf/hard of hearing 4. Special elementary 5. Special secondary 6. Severely/multiply handicapped

It is expected that a learning disability resource room system will be set up in Fiscal Year 1978, in addition to the above programs. During Fiscal Year 1977, as in previous years, each program is supervised by a teacher­ trainer, called a coordinator. The coordinator functions 9

as an in-service trainer, a supervisor, and a principal for that particular program. They are funded by a Title VI-C grant. Each coordinator supervises and trains anywhere from two to five teachers. Two aides work in a deaf/blind pro­ gram on one of the minor islands (Manua), but there is no teacher at this time. Due to the remoteness of the program, it is generally considered to be an undesirable place to work. The coordinator from the severely handicapped pro­ gram supervises this remote program. Evidence of similar attitudes and events does occur on the Mainlands however, as special education is much older there and many programs already exist, attitudes may be a little easier to change. Programs can be demonstrated, parents can tell other parents about special education, the cultural basis for conflicting beliefs is not as strong, and there is not always the language barrier that exists between the off-island professional and the Samoan parent. Based on current estimates, special education in American Samoa eventually will be serving 500 to 600 child­ ren either on a part-time or full-time basis. Handicapping conditions are approximately the same as on the Mainland. Although no specific research has been conducted, it appears, however, that the incidence of cerebral palsy is lower a~d deafness is higher. Due to the availability of better medical care in recent years, the incidence of survival of 10 severely handicapped children is more obvious, as more handicapped c hildren are currently enrolled in special education programs.

Due to increased pub lic awareness, the American Samoa

Special Education Law, Public Law 15-1, passed in January of 1977, and hig her f un ding levels, it is expected t hat special education in American Samoa will g row rapidly in the next few years. It is hoped that this g rowth will be ac companied by sufficient planning a n d public relations e ft'ort . Growth in the past has too often been erratic and a case of "too much too soon." DIRECTOR SPECIAL EDUCATION

~ Assistant Director

- Office Manager PROGRAMS Clerk Typist

Drivers

I I I r I I IPreschool j Severely Special Special Deaf Speech & Manual Handi- Elemen- Second- l Communi- Program capped tary ary cations

Trainer Trainer Trainer Trainer Tr ainer Trainer Aides

Teachers Teachers Teachers Teachers Teachers Teachers (Trainer for Severely Handicapped)

Figure 1, Special Education Program in American Samoa .... 12

CHAPTER III MAIN POINTS OF PUBLIC LAW 94-142

In general, most of Public Law 94-142 is fully rele­ vant to all the states, but not particularly to all the territories. Following are some of the most important por­ tions of the law that can be carried out based on its pri­ mary goal of providing free, appropriate public educational opportunities for all handicapped individuals.

1. All handicapped children, ages three through twenty-one, require special education and related services.

2. Special education means specifically designed instruction, at no cost to parents or guardians, to meet the unique needs of the handicapped child.

J. Each handicapped child enrolled in a program should have an individualized education program. For each handicapped child, a written statement should be developed by a qualified s chool official, the child ' s teacher, and the parents or guardian. This written program must include a statement of the child ' s present achievement level, short-term and annual goals, an identification of the spe­ cific services that will be provided, and an 1.3

indication of the extent to which the child will be able to participate in the regular school program.

4. Handicapped children are educated with children who are not handicapped. This means that place­ ment in special classes, separate schools, or other removal of handicapped children from the regular educational environment occurs only when the nature or severity of the handicap is such that education in regular classes, with the use of supplementary aids and services, cannot be achieved satisfactorily.

5. The Law requires the establishment of priorities for providing a free, appropriate public educa­ tion to all handicapped children. The first priority is to children who are not receiving any education. The second priority is to the most severely handicapped children within each dis­ ability who are receiving an inadequate education. These priorities must be implemented by October 1, 1977.

6. Public Law 94-142 guarantees a free, appropriate public education to all handicapped children. This means that special education and related services must be made available at public expense, 14

under public supervision and direction, and without charge. The program must meet the stan­ dards of the state education agency.

7. If a state or local education agency places a child in a private facility as a means of carrying out public policy, and if that facility meets all the requirements of this Act, then funds avail­ able under this Act may be used to provide special education and related services to these children.

8. The Law specifies that the training should be for both general and special education teachers and support personnel. The descriptions of in-service programs must include detailed procedures to assure that all personnel are appropriately and ade­ quately trained.

9. The Act also requires states to give teachers and administrators of programs for handicapped child­ ren significant information derived from educa­ tional research or demonstration projects. The U.S. Commissioner of Education is responsible for providing short-term training programs and insti­ tutes, when necessary.

10. Starting with Fiscal Year 1978, however, state allocations will be calculated by a radically different formula. The new formula again involves 15

the three through twenty-one age range, but counts only those youngsters who are handicapped and who are receiving special education. Thus, the more handicapped children the state sets out to educate, the greater the amount the state will be entitled to receive. In order to determine the amount of the state allocation, the number of children is multiplied by a specified percentage of the nation­ al average per pupil expenditure per child. The percent factor increases each year until it reaches a maximum of forty percent in October 1981.

11. Public Law 94-142 carries a special incentive grant aimed at encouraging the states to provide special education and related services to their preschool handicapped children. Each handicapped child age three through five who is served will generate a special additional entitlement. States must apply for these grants separately.

12. Public Law 94-142 stipulates that federal money may only be used for the additional costs involved in educating handicapped children. A ·given school district must assure that a sum of state and local funds equal to the average annual per pupil expen­ diture for all children being served in the dis­ trict is available for each handicapped child 16

before federal funds can be used.

13. All allocations go to the state education agencies, which in turn are responsible for distributing the money to local programs on a grant basis. Begin­ ning in October 1977, fifty percent of the funds each state receives must be passed through direct­ ly to local education agencies. In October 1978 and thereafter, seventy-five percent of the funds go to local school districts. The pass-through of funds to local districts depends on compliance with the guarantees set forth in the state plan and local applications.

Protecting the Rights of Handicapped Children and Their Parents

Public Law 94-142 makes a number of critical stipula­ tions that must be adhered to by both the state and its localities. Most of these provisions previously existed in Public Law 93-380, but have been further refined in Public Law 94-142.

1. Policies and procedures must be in effect to pro­ tect the confidentiality of personally identifiable information.

2. Handicapped children must be educated with non­ handicapped children to the maximum extent appro­ priate. 17

J. Nondiscriminatory testing practices must be in effect.

4. Individualized educational programs must be written for each child and must be reviewed at least once a year (effective October 1977).

5. Due process procedures must be guaranteed with res­ pect to all matters of identification, evaluation, and placement.

6. Parents have the right to examine records pertain­ ing to identification, evaluation, and placement and to obtain an independent education evaluation.

7. A surrogate parent will be assigned to any child whose parents are unknown or unavailable or any child who is a ward of the state.

8. Parents must receive a written notice prior to any change in placement or evaluation of a child.

9. Notice must be in the parents' native language (effective October 1977).

Public Involvement

Each state must have an advisory panel appointed by the governor or other authorized official. This panel ad­ vises the state education agency on unmet needs, comments publicly on rules and regulations, and assists the state in 18 developing and reporting such data and evaluations as may be needed by the U.S. Commissioner of Education. If the Commissioner withholds funds because of failure on the part of an education agency to comply with the pro­ visions of the Act, the action must be brought to the atten­ tion of the public by means of a public notice.

State Plan

The state must assure that procedures are established for consultation with concerned individuals including handicapped citizens and parents or guardians of handi­ capped children. Each state is required to have a state plan on file with the U.S. Commissioner of Education. The plan must be amended annually. Thirty days before the amended plan is submitted, it must be made available to parents, guardians, and other members of the general public. There must be public hearings prior to the adoption of policies, programs, and procedures in the amended state plan.

Local Application

Local education agencies must also make their applica­ tions, evaluations, and reports available to the public. 9

CHAPTER IV NEEDS OF SPECIAL EDUCATION IN AMERICAN SAMOA

American Samoa needs teachers and administrators for special education. Since the Speci.al Education Division is the only agency working with the handicapped, and because Samoa is so remote, there is no frame of reference for training teachers to work with the handicapped, there are no centers for observation, and so on. In the Special Education Division itself, fifty per­ cent of the teachers do not yet have the A.A. degree. Almost none have had any experience with the handicapped prior to coming to the Special Education Division to become teachers of the handicapped. All training is in-service, although more attempts are being made to obtain as much preservice training as possible at the community college. Training is a real need for all teachers and administrators in special education. Many handicapped children are found scattered around in different locations. Some live in remote villages and others in inaccessible areas that are not served by special education programs. For this reason a number of children must still be located through childfind efforts. There is a need to have a well-trained person to conduct homebound programs in different villages. 20

A number of priorities need to be established for the improvement of special education in American Samoa. If these priorities are implemented, the special education program in American Samoa would be one of the best in the South Pacific. These priorities are detailed belows

1. Conduct a search of all the islands of American Samoa for handicapped children and their parents.

2. Establish a central registry of handicapped child­ ren in cooperation with the Department of Health Services and the Department of Education in affil­ iation with the schools.

J. Improve school-level screening of children sus­ pected of needing special education and services. develop guidelines. and provide in-service train­ ing.

4. Review special service/child study/diagnostic team procedures. operation and resource requirements.

5, Secure necessary diagnostic personnel. coordinate all available resources. and secure supplemental funds as necessary.

6. Develop and maintain data for student tracking in the identification, diagnostic and prescription processes. 21

7. Study, recommend, and conduct in-service training for nondiscriminatory testing and evaluation.

8. Plan program to meet needs of pupils and parents. Revise each program with teachers and coordinators.

9, Delineate responsibilities and services of the Department of Education, Department of Health Services, and the public in arriving at a consen­ sus and in developing systems for cooperation, coordination, and mutual support that are designed for the total development and benefit of each handicapped child.

10. Obtain necessary professional and paraprofessional special education and related services personnel and other resources for the provision of appro­ priate special education programs and services for handicapped children.

11. Evaluate each classroom situation in order to provide related services for moderate, severe, profound, and multiply handicapped students.

12. Assist the Department of Health Services in the establishment and expansion of child deve lopment clinics in different villages for the education of parents who have handicapped children from birth through three years of age. 22

1J. Develop a plan and educational specifications for village centers, and establish demonstration pro­ grams for the severely multiply handicapped in different villages.

14. Develop a plan for the establishment of a diag­ nostic center for hearing impaired students.

15. Develop demonstration programs for education of parents and for preschool handicapped children.

16. Develop sign language classes for families of hearing impaired children.

17. Survey and compile individual program planning (IPP) practices and instruments, conduct in­ service training, and provide instruments for public use.

18. Allow for parent/guardian input into IPPs, and provide guidelines for strategies for parent/ guardian involvement.

19. Develop and maintain a data processing system of student information and progress data.

20. Review and revise, in cooperation with the Office of Personnel Services, Staffing Standards, and the Department of Education, plans for diagnosis, pre­ scription, and instruction in special education classrooms and for followup assistance to the stu­ dent and his/her regular classroom teacher. 23

21. Review with and recommend to the Office of Personnel Services and the Department of Educa­ tion revised qualification requirements for special education teachers.

22. Conduct a survey with the Department of Health Services to determine the occupational, physical, and speech therapy needs of handicapped students. Support and coordinate the provisions of the Department of Health Services.

2J. Improve and expand career and vocational education programs for the handicapped.

24. Review existing field tests of promising instruc­ tional materials and equipment.

25. Develop/adopt/adapt curriculum guides for each handicapped area, and develop a system for dissem­ ination of significant emerging practices and information to periodically update the curriculum guide.

26. Develop guidelines and conduct in-service training for educational programming for different villages on all the islands in American Samoa.

27, Conduct, in cooperation with the American Samoa Community College Department of Education, a com­ prehensive in-service training program to upgrade 24

the skills of regular and special education professionals and paraprofessionals to meet the educational needs of handicapped children in American Samoa for the future.

28. Evaluate and replan programs to achieve new goals for future planning.

It is reasonable to expect that t he above list of priorities can be implemented. 25

CHAPTER V CONCLUSIONS AND RECOMMENDATIONS

The Congress of the United States finds and declares that all individuals with exceptional needs have a right to participate in appropriate programs of public supported education, and that the existing educational programs for these persons are in need of revision in order to assure them of this right to an appropriate opportunity for educa­ tion. Public Law 94-142 sets specific statutory timelines for the provision of a free. appropriate public education to all known individuals with exceptional needs, from birth through twenty-one years of age, who are receiving special educational and related services under the supervision of a public agency. The individual programs must be in effect during Fiscal Year 1978. It is understandable that the "heart" of this Act is to give all handicapped children the opportunity to acquire a good education and any other services that might be use­ ful to them throughout their everyday lives. It is indeed appropriate that receiving special education and services gives handicapped children the skills to meet their unique needs and all the rights for protection mentioned in Public Law 94-142. 26

If the priorities listed in the previous chapter are met, the handicapped can be fully served. Through coopera­ tive planning, the directors of elementary and special education can adopt these needed priorities so that teachers in both areas of education, who are already doing an excel­ lent job, can work together as a team for the greater benefit of the handicapped. Parents and the community in general should be encour­ aged to assist these agencies in planning for the future. The greatest need, however, is to recruit administrators and leaders who can meet the needs of special education. This will give the handicapped the opportunity to achieve the same level of education as all other human beings in society. 27

SELECTED REFERENCES

Brinegar, Leslie. Local Education Agenc~ (LEA) Applica­ tions for Funds, School Year 1977-7, Under the Education for All Handicapped Children Act of 1975. Sacramento, Department of Special Education, 1977. Department of Health, Education and Welfare. Federal Re~ister, 411252. Washington, D.C. 1 Government Printing Office, 1976. Gettings, Robert M. A Summary of Selected Legislation Relating to the Handicapped. Sacramento, Department of Special Education, 1975. "Legislation History." U.S. Code Congressional and Admini­ strative News, Vol. I, pp. 77J-9. St. Paula West Publishing Company, 1975. Merrill, Edward c. Response to Proposed Regulations for PL 94-142. Washington, D.C. 1 Gallaudet College Press, 1977. Parker, Jan. One Perspective of the Special Education Division. Pago Pago, Special Education Office, 1977. The Council for Exceptional Children. The Education for All Handicapped Children Act, PL 94-142. Washington, D.C. 1 U.S. Office of Education, 1976. Weintraub, Frederick J., !1 !l· Public Policy and the Education of Exceptional Children. Reston, Virginia, The Council for Exceptional Children, 1976.