Teaching students who are exceptional diverse and at risk in the general educational classroom sharo
Teaching Students Who Are Exceptional Diverse and at Risk in the General Educational Classroom Sharon R. Vaughn
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After School Programming and Intrinsic Motivation Teaching At Risk Students to Read Elaine Clanton Harpine
ARE EXCEPTIONAL, DIVERSE, AND AT RISK IN THE GENERAL EDUCATION CLASSROOM
SHARON R. VAUGHN
University of Texas, Austin
CANDACE S. BOS
Late of University of Texas, Austin
JEANNE SHAY SCHUMM
University of Miami
SEVENTH EDITION
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Title: Teaching students who are exceptional, diverse, and at risk in the general education classroom / Sharon R. Vaughn, University of Texas, Austin, Candace S. Bos, Late of University of Texas, Austin, Jeanne Shay Schumm, University of Miami.
Description: Seventh edition. | New York, NY : Pearson, [2018] | Includes bibliographical references and index.
Identifiers: LCCN 2016057001| ISBN 9780134447896 (loose-leaf text) | ISBN 0134447891 (loose-leaf text)
Subjects: LCSH: Mainstreaming in education—United States. | Special education—United States. | Children with disabilities—Education—United States. | Children with social disabilities—Education—United States. | Learning disabled children—Education—United States. | Inclusive education—United States.
LC record available at https://lccn.loc.gov/2016057001
10 9 8 7 6 5 4 3 2 1
ISBN 10: 0-13-444789-1
ISBN 13: 978-0-13-444789-6
Preface
This is the seventh edition of Teaching Students Who Are Exceptional, Diverse, and at Risk in the General Education Classroom, now in MyEducationLab.
MyEducationLab is Pearson’s newest way of delivering our respected content. Fully digital and highly engaging, MyEducationLab offers an immersive learning experience designed for the way today’s students read, think, and learn. Enlivening course content with media interactives and assessments, REVEL empowers educators to increase engagement with the course to better connect with students.
MyEducationLab Offers
Dynamic content matched to the way today’s students read, think, and learn, including:
• Integrated Videos Integrated within the narrative, videos empower students to engage with concepts and take an active role in learning. MyEducationLab’s unique presentation of media as an intrinsic part of course content brings the hallmark features of Pearson’s bestselling titles to life.
• Video Examples include video of educators both in and out of the classroom, students talking about their experiences with adaptive technologies and in-class methods of teaching and learning, and parents discussing resources, adaptive technologies, and strategies they have learned to help their children at home. In each chapter, these skills and strategies tie back to relevant content and learning outcomes. These voices of real teachers telling their own stories about ways they help students, or real students talking about what has been effective for them in the general classroom, help students develop a deeper understanding about the impact of using special education skills and concepts.
• URLs integrated throughout the text direct students to websites where they can enhance their knowledge about relevant topics, skills, tools, and strategies for teaching and learning.
• Quizzing and Short-Answer Response Opportunities Located throughout MyEducationLab, quizzing affords students opportunities to check their understanding at regular intervals before moving on. Quizzes are in multiple-choice and short-answer response formats.
• Check Your Understanding multiple-choice assessment questions test students’ knowledge of the content they have just read at the end of each major section. Feedback for the correct answer is provided.
• Interactive Glossary links bolded key terms in the text to glossary definitions, enabling students to read and comprehend with clarity without skipping concepts they do not understand.
New to This Edition
We have listened to our users and created a text that will be easier to use in the classroom and more engaging for students. The strength of the book continues to be its numerous learning activities addressing both elementary and secondary classrooms. Changes and enhancements include:
• Streamlined content that offers more strategies and more examples that bring our students into the classroom.
• Evidence-based research practices throughout the text that are based on the most current research and instructional strategies.
• A revised and updated Chapter 2 on response to intervention (RTI) or multitiered systems of support (MTSS) reflects the most current research and strategies. In addition, chapters throughout this text integrate and highlight information regarding understanding and using research-based practices within an RTI framework.
• Chapter 4 discusses the use of response to intervention to improve opportunities for linguistically and culturally diverse students and reduce their disproportionate representation in special education programs.
• In Chapter 6, we have significantly updated the information about identifying students with learning disabilities and ADHD. New research, strategies, and resources have also been included.
• Chapter 7 includes an enhanced section on the role of the speech and language pathologist as well as including a new strategy on how to describe practices you could suggest to the parents of a child with a speech or language disorder to support the child’s communication.
• Chapter 8, in its discussion of targeting behavior problems, discusses how to implement functional behavioral assessment during any of the tiers of the RTI framework. Why and how this works are discussed.
• Chapter 10, “Teaching Students with Intellectual and Developmental Disabilities,” has been updated significantly, with new research, sections, strategies, and definitions.
• Integration of the Common Core State Standards in English language arts including reading (Chapter 14), writing (Chapter 15), and listening as well as mathematics (Chapter 16). Specific applications of the standards for students with special needs are provided.
Our Approach
Today’s teaching professionals are assuming considerably more responsibility for meeting the educational and behavioral needs of students from diverse backgrounds and with diverse learning needs. Teachers identify students with special needs as their greatest challenges and often their greatest rewards. Unfortunately, many general education teachers feel at a loss for finding strategies to use in educating their exceptional students. They are eager to provide appropriate instruction, yet often feel inadequately prepared to do so. Furthermore, teachers tell us that what they most want to learn are specific instructional practices that will make a difference for diverse learners, and that they want these practices to enhance the learning of all students in their classrooms.
The central theme of this book is that general education teachers can make a difference in the lives of all students, particularly students with special needs, by using the tools and strategies described in this text. What we think is particularly exciting about the recommended practices is that they improve outcomes for all learners in the classroom— not just students with special needs. Our confidence in the effectiveness of these practices comes from two important sources: (a) research documenting their effectiveness with a range of learners, and (b) our ongoing work in classrooms where these practices are successfully implemented. Many teachers whose stories appear throughout this book implement and extend the recommended practices.
Preservice teachers in our university classes, as well as practicing teachers, urged us to do more than describe curriculum adaptations; they encouraged us to provide the stepby-step procedures for how to implement curriculum adaptations in the classroom. After reading this book, prospective teachers will have more than increased knowledge about students with special needs—they will have the tools and confidence to adequately meet all of their students’ academic and social needs. In addition to having the necessary background knowledge about individuals with disabilities, we think that users of this book will have the practice knowledge to improve outcomes for all learners in their classroom.
60 CHAPTER 2 • Response to Intervention and Multitiered Systems of Support
data (Spear-Swerling, 2015; Tilly, Reschly, & Grimes, 1999; http://iris.peabody.vanderbilt .edu/rti01_overview/chalcycle.htm.)
2.3.7 Decision-Making Teams (Campus or RTI Leadership Teams)
This seventh edition includes updated references to the latest research and legislation, allowing readers to look up the most recent studies on topics of interest. Throughout the text we have added new information and described instructional and behavioral practices that are evidence based. We provide innovative approaches to enhancing the teaching of diverse learners in general education classrooms.
3 • Communicating and Collaborating with Other Professionals and Families
A Focus on Applying Strategies
TEACHERS 3.6
Homework Policy
How is the RTI model implemented within schools? Who takes the leadership role for directing RTI? The answers to these questions vary by school and district. It is common to have a team of professionals who work together to guide the RTI process at the school level. Campus leadership teams might have one or more committees, and membership might be flexible, depending on the expertise needed. Some schools have committees that focus on each aspect of the RTI model: Assessment, Instruction, Intervention, and Professional Development. They provide input into the design of the campus RTI model, and use student data to progress monitor and evaluate its implementation. You may be asked to be a committee member to provide insights into curriculum expectations and suggestions for what interventions might be effective with students, or you may be asked only to attend meetings that are relevant to students you teach. It is likely that you will be asked to conduct screening measures of reading and math and to use progress-monitoring measures to determine at-risk students’ ongoing progress.
• Each chapter opens with an Interview that presents a teacher’s, student’s, or parent’s story that directly relates to the central ideas of the chapter. Each of these stories also identifies issues and personal responses that set the tone for the material that follows.
Campus leadership teams comprise members with relevant expertise. Ideally teams may have an expert in the targeted area of concern (e.g., reading, mathematics, behavior); one in administering and interpreting results of screening measures; and, for students receiving special education services, a team member with expertise in learning disabilities.
and Student Can Expect of You
• Each chapter closes with Think and Apply questions, activities, and dilemmas to challenge the reader to integrate and apply the materials presented.
assignments that are meaningful and provide practice of skills taught in class or enrichment of class.
What You Expect of the Student
The overall purpose of the leadership team is to ensure that the RTI model in the school is implemented effectively and that all students who need additional support are identified early, provided appropriate interventions, and monitored over time. See Tips for Teachers 2.3 for more about how team members facilitate the RTI process.
Mr. Chan works in an elementary school in California. He describes how his campus leadership team works:
• Record homework assignments on an assignment sheet or in an assignment notebook.
In addition to the organizational features that open and close each chapter, the following features are included within chapters:
assignments on the board daily.
general homework schedule (e.g., Monday spelling; Tuesday night, math and composition).
long-range projects in advance.
• Complete homework assignments in a neat and timely manner.
Tips for Teachers in every chapter offer specific advice, guidelines for teaching practice, and step-by-step procedures.
What You Expect of the Parent
When the majority of a class is progressing and about 20% or fewer of the students differ from their peers in rate of progress, then the role of the team is to determine which Tier 2 interventions to implement with students who are slower to respond. When students who are receiving Tier 2 interventions continue to experience difficulty, the decision-making team convenes to determine which steps to take next. The team might decide to try different Tier 2 interventions, or perhaps more intensive Tier 3 interventions. The team might decide to initiate a more comprehensive evaluation for possible special education identification.
• Help the student set up a homework center.
TIPS FOR TEACHERS 2.3
reporting missing or late homework to timely fashion and provide feedback to
• Help the student determine a regular homework schedule.
How Campus Leadership Team Members Facilitate RTI
• Monitor and assist as necessary in the completion of homework.
Members of the decision-making team facilitate the RTI process in several ways, including:
• Facilitating instructional decision making.
• Write a note if confused about the assignment.
• Reviewing progress-monitoring data of students in interventions and for grade levels and the school as a whole.
• Observing classroom lessons to ensure that research-based instruction is occurring.
• Providing professional development to teachers and other key educators.
• Assisting with data collection and monitoring.
• Providing material and human resources to implement the RTI process.
• Organizing intervention groups and monitoring their effectiveness.
• Interpreting screening, progress monitoring, and other assessment data.
• Communicating with key stakeholders to be sure instructional and behavioral plans across treatments are aligned.
necessary to assign huge quantities of homework, but it is important that assignment is systematic and regular, with the aim of instilling work habits and promoting autonomous, self-directed learning” (2015, p. 9). See the 60-Second Lesson for a strategy that can help students get organized for homework.
The 60-Second Lesson features throughout all chapters present brief mini-lessons that provide specific, concrete examples of how a teacher can make a difference for students with disabilities or diverse needs in only 1 minute of time.
60- SECOND LESSON HOMEWORK BUDDIES: THINK–PAIR–SHARE
School days can be long for both teachers and students. With so much activity going on, it can be easy for students to forget assignments or forget books or materials they might need to complete homework assignments. This is true for students who are in a self-contained class or in departmentalized classes when students move from room to room.
Activities for All Learners features present sample lessons that include objectives, procedures, and application suggestions for classroom implementation.
At the beginning of the school year, assign each student a homework buddy—two students who sit close to each other. Then, at the end of each school day (in self-contained settings) or at the end of the class period (in departmentalized settings), do a think–pair–share (McTighe & Lyman, 1988).
ACTIVITIES FOR ALL LEARNERS
1. Ask students to take out their homework assignment sheet.
Using a Timer to Change Behavior
2. Have each student think quietly about what the assignment is and what materials they will need to take home to complete the assignment.
Purpose: To increase appropriate behavior, such as on-task behavior, and to reduce inappropriate behavior, such as being out of seat
Materials: Kitchen timer
Procedures:
2. Indicate that the timer will ring at different intervals and that all groups or individuals who are on task when the timer rings will be awarded a point.
3. Encourage the homework buddies to speak to each other to discuss both the assignment and what they will need to take home.
3. Set the timer initially for a range of times (from 5 to 10 minutes), and then for longer periods of time.
1. Show students the kitchen timer and indicate that you will be using it to cue students to look for on-task behavior in the class. Discuss with students what behaviors will be included (e.g., working, completing an assignment, asking a question, reading a text).
4. After buddies have conferred, ask the whole class if they have questions they were unable to resolve as a pair.
Source: Adapted from “The timer-game: A variable interval contingency for the management of out-of-seat behavior,” by M. M. Wolf, E. L. Hanley, L. A. King, J. Lachowicz, & D. K. Giles, 1970,
At first this routine may take more than 60 seconds, but eventually it will occur smoothly. Taking just a minute or two to get organized for homework will go a long way in helping students with disabilities succeed.
In addition to designing homework assignments that are purposeful, efficient in
these techniques requires modeling, practice, feedback, and patience as students learn to recognize and support one another when they or their peers use strategies to solve problems. In summary, conflict management skills involve proper communication from the teacher, who demonstrates and models the verbal communication expected. Views are expressed in a nonthreatening way and conflicts are anticipated before they escalate
Also, with the use of technology, teachers are better able to organize their classrooms and to facilitate effective cooperative learning activities (see the Tech Tips, “Useful Tools for Students with Disabilities,” to learn about some helpful programs and resources). Computers, with their peripherals and programs, offer a number of effective tools for students, with new programs being created and older programs being updated. Some examples include:
• Students with handwriting and spelling disabilities have been helped by word processing programs with built-in spell checkers.
• Through speech synthesizers and software, students with reading and writing difficulties have had the opportunity to hear what they write and then to read along with the computer.
Tech Tips provide access to resources that will provide guidelines and advice about tools, skills, and teaching strategies.
TECH TIPS
Useful Tools for Students with Learning Disabilities
Web Resources for Teachers, Parents, and Students
CHADD (Children and Adults with Attention-Deficit/Hyperactivity Disorder) (www.chadd.org)
Attention Deficit Disorder Association (www.add.org)
LD Online (www.ldonline.org)
Keyboarding
Early on, students who have difficulty with handwriting, either for composition or note-taking—regardless of the reason— should be taught keyboarding. There are many excellent computer-based keyboarding tutorials:
MAVIS BEACON TEACHES TYPING from Broderbund (www.mavisbeacon.com)
This ever-popular product keeps users engaged and motivated through many different games and exercises.
Talking Word-Processing Programs
Talking word-processing programs can help young writers by speaking letters,
words, and sentences as they are typed, thus providing auditory as well as visual feedback in the writing process.
WRITE: OUTLOUD 6 by Don Johnston Incorporated (www.donjohnston.com)
Search for Write: OutLoud 6 on the Don Johnston, Inc. site. This product provides struggling writers in grades 3 through 12 with auditory tools that will help them write more effectively.
Word-Prediction Software
Students receive a list of possible words after every letter typed and can choose the desired word; offers support for spelling and word choices, and can be individualized with custom word banks and topic dictionaries. Also includes built-in speech recognition.
CO:WRITER 7 from Don Johnston Incorporated (www.donjohnston.com)
On the home page for the Don Johnson Inc., click on the Co:Writer 7 tab, then learn more about this wordprediction software.
Podcasts
Mobile devices are not just for listening to music. Students can record lectures, download audio files to their devices, and listen to lectures while studying for tests or reviewing and editing notes.
LEARNING ALLY (FORMERLY THE RECORDINGS FOR THE BLIND AND DYSLEXIC®) (RFB&D) (http://www.learningally.org)
The RFB&D is an organization that provides books and other materials recorded for individuals who have learning disabilities or visual disabilities.
iPad/iPod™ applications include:
• Read2Go
• Typ-O HD
• Sentence Builder
• Dragon Dictation
Support Materials for Instructors
The following resources are available for instructors to download on www.pearsonhighered .com/educators. Instructors enter the author or title of this book, select this particular edition of the book, and then click on the “Resources” tab to log in and download textbook supplements.
INSTRUCTOR’S RESOURCE MANUAL AND TEST BANK 0-13-444784-0
The Instructor’s Resource Manual and Test Bank includes suggestions for learning activities, additional Experiencing Firsthand exercises, supplementary lectures, case study analyses, discussion topics, group activities, and a robust collection of test items. Some items (lower-level questions) simply ask students to identify or explain concepts and principles they have learned. But many others (higher-level questions) ask students to apply those same concepts and principles to specific classroom situations—that is, to actual student behaviors and teaching strategies.
POWERPOINT™ SLIDES 0-13-444785-9
The PowerPoint™ slides include key concept summarizations that enhance learning. They are designed to help students understand, organize, and remember core concepts and theories.
TESTGEN 0-13-444787-5
TestGen is a powerful test generator that instructors install on a computer and use in conjunction with the TestGen testbank file for the text. Assessments may be created for print or testing online.
TestGen is available exclusively from Pearson Education publishers. Instructors install TestGen on a personal computer (Windows or Macintosh) and create tests for classroom testing and for other specialized delivery options, such as over a local area network or on the web. A test bank, which is also called a Test Item File (TIF), typically contains a large set of test items, organized by chapter and ready for use in creating a test, based on the associated textbook material.
The tests can be downloaded in the following formats:
TestGen Testbank file—PC
TestGen Testbank file—MAC
TestGen Testbank—Blackboard 9 TIF
TestGen Testbank—Blackboard CE/Vista (WebCT) TIF
Angel Test Bank (zip)
D2L Test Bank (zip)
Moodle Test Bank
Sakai Test Bank (zip)
Acknowledgments
We have many people to thank for their generous contributions of time, knowledge, experience, and sound advice. We are deeply grateful to the many teachers who have shared their classrooms, students, and experiences with us. In particular, we would like to extend our heartfelt thanks to the teachers and principals of Flamingo Elementary School and Henry S. West Laboratory School. We would also like to thank the many students in the teacher preparation programs at the University of Arizona, the University of Miami, and the University of Texas who have helped us better understand the important attitudes, knowledge, and skills necessary for new teachers preparing to teach diverse learners.
Just a few of the many people whose names should be in lights for their generous contributions to earlier editions of this book are: Mary Hinson, for sharing her valuable knowledge as a job developer and university instructor for the mainstreaming course for secondary teachers; Sharon Kutok, for sharing her valuable knowledge as a speech/language pathologist; Elba Reyes and Manuel Bello, for reviewing and providing insights on teaching students with cultural and linguistic diversity; Paulette Jackson, for providing expert assistance with manuscript preparation and permissions; and Jean G. Ulman, whose knowledge about technology and special education benefited the Tech Tips.
A special thanks to Sandra Bowen, Penny Rosenblum, and Andrea Morrison. Their expertise in educating students with hearing impairments, visual impairments, and mental retardation/severe disabilities, respectively, was a valuable resource. Sandra played an important role in writing the section on hearing impairments. Penny took on a similar role in writing the section on visual impairments in the same chapter. Andrea not only worked on the physical disabilities and health impairments section of the text, but also played a significant role in writing the chapter on developmental disabilities. We would also like to thank Mark F. O’Reilly, Jeff Sigafoos, and Giulio Lancioni for their contribution of the earlier editions of the chapter on autism.
Ae-Hwa Kim, Alison Gould Boardman, and Jane Sinagub assisted with all aspects of manuscript preparation, including expert editorial work and good judgment. Their contribution to the book is extensive. I would particularly like to recognize the careful and thoughtful work of Ae-Hwa Kim, who made a significant contribution to the third edition, and Alison Gould Boardman for her significant contributions to the fourth edition. Alison Gould Boardman provided valuable assistance with the Tips for Teachers, the Appendix, and text reflecting policy changes. Brianna Bednarski provided much-appreciated editorial assistance with the sixth edition. We also want to acknowledge Dr. Heather Garrison from East Stroudsburg University of Pennsylvania for preparing the Learning Outcome Quizzes as well as her work on the revised author supplements.
We also benefited from the suggestions and revisions of outstanding reviewers. Thank you for your generous assistance: Beverly Argus-Calvo, The University of Texas at El Paso; Manuel Barrera, Metropolitan State University; Sherry DeMik, Valparaiso University; Yeunjoo Lee, California State University–Bakersfield; and A. Helene Robinson, University of South Florida–Sarasota Manatee.
There are also a handful of individuals who each put their respective areas of research expertise to work for us in a close reading of just a single chapter in their specialty
area. Susan Johnston of the University of Utah gave us assistance with the chapter on communication disorders. Kathleen Robins, Janice Day, and Cheryl Winston of the University of Utah provided commentary on the text about vision/hearing/physical challenges. Missy Olive of the University of Texas gave feedback regarding pervasive developmental disorders. Jeff Sigafoos of the University of Texas provided insights on the chapter on developmental disabilities. Alliete Alfano of the University of Miami provided an expert review of the chapter on visual impairments, hearing loss, physical disabilities, health impairments, and traumatic brain injury. Michel Miller, also of the University of Miami, provided valuable comments on the chapter covering students with developmental disabilities. Jennifer Langer-Osuna of the University of Miami offered insights on the chapter covering teaching mathematics. Like all authors, we were not always anxious to rewrite but soon realized the benefits from their helpful suggestions and resources.
The personnel at Pearson Education provided ongoing support for this book. Ray Short, Senior Editor, contacted us about writing the book initially and provided encouragement and continuous positive feedback. He was a wonderful resource when the going got tough, assuring us we were making fine progress. The third and fourth editions of the book benefited enormously from the caring and careful work of Virginia Lanigan. Upon the sudden death of our coauthor Candace Bos, Virginia was a source of social and professional support. She truly guided these editions through completion. We are very grateful to her.
The fifth, sixth, and seventh editions of the book benefited from the insights and suggestions of Ann Davis, editor, and Max Effenson Chuck, development editor. Ann Davis is an outstanding editor. We have worked with numerous editors across many publishers and Ann is simply remarkable. She has extraordinary insight and vision, and we consider ourselves extremely fortunate to work with her. Max was our guide throughout the significant revisions we undertook for this edition. We cannot imagine how to adequately thank her or acknowledge the significance of her insights, support, and very fine editorial suggestions. We think you’ll agree that this edition is by far our best edition yet.
We also would like to give a very special thank you to our husbands for their steadfast support and personal sacrifices: Jim Dammann and Jerry Schumm. —SRV —JSS
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Preface iii
1 Special Education and Inclusive Schooling 2
Interview: Elizabeth Diller 3
1.1 Early and Recent Foundations of Special Education 4
1.1.1 Early Influences 4
1.1.2 Recent Influences 5
1.1.3 IDEIA and the Vocational Rehabilitation Act 6
1.1.4 Provisions and Guidelines for Implementing IDEIA 7
1.1.5 Provisions of the Vocational Rehabilitation Act 10
1.1.6 Continuum of Educational Services: Concept of Least Restrictive Environment 11
1.1.7 The Individualized Education Program (IEP) 13
1.2 Responsibilities of Classroom Teachers 21
1.2.1 Participating in the Referral and Planning Process 24
1.2.2 Adapting Instruction 29
1.3 No Child Left Behind Act, Expanding IDEIA, and Inclusion 30
1.3.1 Testing Accommodations for Students with Disabilities 31
1.3.2 Expanding the Impact of the IDEIA 32
1.3.3 Inclusion 36
1.3.4 Accessing Information About Students 37
1.3.5 Inclusion Issues 38 Summary 41 Think and Apply 41
2 Response to Intervention and Multitiered Systems of Support: Developing Success for All Learners
42
Interview: Jane Jarrell 43
2.1 Past and Present Challenges: The Need for RTI 45
2.1.1 Previous Identification Procedures 45
2.1.2 Initiatives Influencing RTI 46
2.1.3 The Individuals with Disabilities Education Improvement Act (IDEIA 2004) 47
2.2 Components of Response to Intervention 49
2.2.1 Progress Monitoring within the RTI Framework 52
2.2.2 T iers of Intervention: Multitiered Systems of Support (MTSS) 52
2.3 Universal Screening and Progress Monitoring 55
2.3.1 Using Screening to Make Educational Decisions 55
2.3.2 Using Progress Monitoring to Assess Students’ Response to Interventions 57
2.3.3 Implementing Interventions 57
2.3.4 Standard Treatment Protocol 58
2.3.5 Problem-Solving Model 58
2.3.6 Differences Between the Standard Protocol and Problem-Solving Models 59
2.3.7 Decision-Making Teams (Campus or RTI Leadership Teams) 60
2.4 Special Considerations for Implementing RTI 61
2.4.1 Responders and Nonresponders to Intervention 61
2.4.2 Implementing Interventions 62
2.4.3 RTI for Students Who Are Culturally and Linguistically Diverse 64
2.4.4 Working with Families 65
2.4.5 Role of Teachers in an RTI Model 66
2.4.6 Using RTI Data to Identify Students with Learning Disabilities 68
2.4.7 Providing Interventions 70
2.4.8 Using RTI Models in Middle Schools and High Schools 70
Summary 74 Think and Apply 75
3 Communicating
and Collaborating with Other Professionals and Families 76
Interview: Margaret Cox 77
3.1 Critical Communication Skills 78
3.1.1 Acceptance 80
3.1.2 Listening 80
3.1.3 Questioning 81
3.1.4 Staying Focused 81
3.2 Collaborating with Other Professionals 82
3.2.1 Collaboration 82
3.2.2 Collaboration Models 84
3.2.3 Consultation 84
3.2.4 Teaming 86
3.2.5 Co-Planning 86
3.2.6 Co-Teaching 88
3.2.7 Co-Assessment/Co-Grading 92
3.2.8 Collaborating with Paraeducators 93
3.2.9 Collaboration Issues and Dilemmas 95
3.3 Working with Families 97
3.3.1 Family Collaboration 98
3.3.2 Family Adjustment 100
3.3.3 Homework 100
3.3.4 Planned and Unplanned Parent Conferences 103
3.3.5 School-to-Home Communication 105
Summary 107
Think and Apply 107
4 Teaching Culturally and Linguistically Diverse Students 108
Interview: Kristina Zayas-Bazan 109
4.1 Diversity in Classrooms 110
4.1.1 Achievement Disparities 110
4.1.2 Culturally Responsive Teaching 111
4.1.3 Understanding Diverse Cultures 112
4.1.4 Understanding Cultural Characteristics 114
4.2 Multicultural Education 116
4.2.1 Dimensions of Multicultural Education 116
4.2.2 Desired Student Outcomes 118
4.2.3 Multicultural Curricula 118
4.3 Linguistic Diversity and Second-Language Acquisition 122
4.3.1 Programs for Promoting Second-Language Acquisition 122
4.3.2 Instruction in English as a Second Language 123
4.3.3 Bilingual Education 123
4.3.4 Framework for Second-Language Acquisition 125
4.3.5 The Lear ning and Developmental Process 126
4.3.6 Secondary Language Output 127
4.3.7 Language Variation and Dialect 128
4.3.8 Historical Perspective on ESL Instruction and Bilingual Education 128
4.4 Assessment of Students with Cultural and Linguistic Differences 131
4.5 Instructional Guidelines and Accommodations for Diverse Students 133
4.5.1 Culturally Responsive Teaching to Accommodate English Language Learners 133
4.5.2 Best Practices in English Language Learning 134
Summary 139 Think and Apply 139
5
Promoting Social Acceptance and Managing Student Behavior 140
Interview: Samantha Dietz 141
5.1 Establishing a Positive Classroom Climate 142
5.1.1 Arranging the Physical Space 142
5.1.2 Creating a Respectful Learning Community 143
5.1.3 Engaging Students Through Class Meetings 144
5.2 Increasing Social Acceptance of Students with Disabilities 145
5.2.1 Enhancing Students’ Self-Concepts 146
5.3 Recognizing and Preventing Bullying 148
5.4 Understanding Behavior Management in Culturally Diverse Classrooms 150
5.5 Providing Positive Behavior Intervention Supports Within a RTI Framework 152
5.5.1 Positive Behavior Intervention Supports as Prevention 152
15.1 Current Trends in Writing Curricula and Instruction 458
15.1.1 Common Core Standards–Based Writing Instruction and Research-Based Practices 458
15.1.2 Emphasis on Assessment and Progress Monitoring 459
15.1.3 Progress Monitoring and Writing 460
15.1.4 Response to Intervention and Writing 462
15.1.5 Writing Rubrics and Portfolios 462
15.2 Teaching Writing as a Process 464
15.2.1 Writing as an Interactive Process 464
15.2.2 Writing as a Strategic Process 465
15.2.3 Writing as a Process of Constructing Meaning 465
15.2.4 Writing as a Student-Centered Process 466
15.2.5 Writing as a Socially Mediated LanguageLearning Activity 467
15.3 Strategies for Establishing an Environment That Promotes Writing 467
15.3.1 Physical Environment 467
15.3.2 Strategies for Conducting a Writing Workshop 469
15.4 Making Adaptations for Struggling Writers: Teachers’ Practices 472
15.4.1 Prewriting: Getting Started 472
15.4.2 Selecting Topics 472
15.4.3 Problems in Topic Selection 473
15.4.4 Planning 473
15.4.5 Composing 474
15.4.6 Editing 474
15.4.7 Revising 474
15.4.8 Publishing 475
15.4.9 Sharing 475
15.4.10 Conferencing 476
15.5 Strategies for Teaching Narrative, Expository, and Opinion/Argument Writing 477
15.5.1 Narrative Writing 478
15.5.2 Expository Writing 479
15.5.3 Paragraph Writing 480
15.5.4 Essay Writing 480
15.5.5 Opinion/Argument Writing 480
15.6 Teaching Spelling Skills 482
15.6.1 Approaches to Spelling Instruction 483
15.6.2 Spelling Instruction for Students with Learning Difficulties and Disabilities 484
15.6.3 Principles of Effective Spelling Instruction 487
15.7 Teaching Handwriting and Keyboarding Skills 488
15.7.1 Trends in Handwriting Instruction 488
15.7.2 Students with Difficulty in Handwriting 489
15.7.3 Principles of Effective Handwriting Instruction 489
15.7.4 Fluency 492
15.7.5 Principles of Effective Keyboarding Instruction 492
Summary 494
Think and Apply 495
16
Helping All Students Succeed in Mathematics 496
Interview: Rodney Rouzard 497
16.1 Current Trends in Mathematics Curriculum and Instruction 498
16.1.1 Influences on Math Instruction 498
16.1.2 Mathematical Problem Solving 500
16.1.3 Math Proficiency 501
16.2 Difficulties in Learning Mathematics 503
16.2.1 Developmental Arithmetic Disorder 503
16.2.2 Nonverbal Math Difficulties 504
16.2.3 Math Difficulties and Effective Instruction 504
16.2.4 Mathematics Learning for Linguistically and Culturally Diverse Learners 505
16.2.5 Teaching Students Who Are Mathematically Gifted 505
16.3 Assessment and Progress Monitoring 507
16.3.1 Implementing Assessment and Progress Monitoring 507
16.3.2 Diagnosing Students’ Learning Needs in Mathematics 507
16.3.3 Using Response to Intervention: Identifying Students Who Need Help in Math 508
16.3.4 Curriculum-Based Measurement 509
16.3.5 Assessing Students’ Number Sense 510
16.4 Helping Students Improve in Math 510
16.4.1 Being a Model in Math 510
16.4.2 Evaluating the Mathematics Curricula 511
16.4.3 Using Curricular Programs for Students with Math Difficulties 512
16.4.4 Using Peers to Support Instructional Practice 513
16.4.5 Using Teaching Tools and Methods for Improvement 513
16.4.6 Teaching for Comprehension 515
16.4.7 Using Constant Time-Delay Procedure 516
16.4.8 Providing Correction and Feedback 517
16.4.9 Providing Practice 517
16.4.10 Adapting Instruction for Secondary Students with Math Difficulties 518
16.5 Strategies for Helping All Students Acquire Basic Math Skills 519
16.5.1 Prenumber Skills 519
16.5.2 Working with Numeration 521
16.5.3 Understanding Place Value 522
16.5.4 Learning Fractions 523
16.6 Strategies for Helping All Learners Acquire and Use Computation Skills 524
16.6.1 Patterns of Common Computation Errors 525
16.6.2 Computation and Calculators 527
16.7 Strategies for Helping All Students Develop ProblemSolving Skills 528
16.7.1 Teaching Problem-Solving Strategies 529
16.7.2 Integrating Math Problem Solving into the Curriculum 530
Summary 533
Think and Apply 533
Appendix A-1
Glossary G-1
References R-1
Name Index N-1
Subject Index S-1
TEACHING STUDENTS WHO ARE EXCEPTIONAL, DIVERSE, AND AT RISK IN THE GENERAL EDUCATION CLASSROOM
1
Special Education and Inclusive Schooling
Learning Outcomes
1.1 Identify the laws, key provisions, and guidelines that govern special education and explain how these laws influence educational practices for individuals with disabilities.
1.2 Describe the responsibilities you have as a classroom teacher for students with special needs and the types of practices and adaptations you need to implement.
1.3 Discuss No Child Left Behind and its influence on testing accommodations for students with disabilities and the expanded laws regarding IDEIA, including early education and transition, then consider the instructional implications of implementing inclusion and other services provided in the continuum of services for students with disabilities.
INTERVIEW: ELIZABETH DILLER
Elizabeth Diller is a fifth-grade teacher at Cory Elementary School in an urban city in Texas. Elizabeth is an unusual teacher in that she has worked as both a special education teacher and a general education teacher. For the past 2 years, she has served as the lead teacher in a fifth-grade team. What she likes about her job is that she blends her expertise in special education with her new knowledge as a general education curriculum specialist. She assists the other fifth-grade teachers in developing instructional practices and using progress monitoring to inform instruction for all of the fifth-grade students, including those with identified disabilities. She also works with the response-to-intervention (RTI) team to screen and monitor the progress of students who are at risk for reading and math problems. Elizabeth says, “This is the perfect blend of leading classroom teachers to make appropriate adaptations for students with disabilities in their classrooms and having an opportunity to put the practices in place in my own classroom.”
Elizabeth has been very successful at keeping students with disabilities in general education classrooms. She also has been a cheerleader for the RTI model of preventing academic difficulties and identifying students for special education in their school. Here is some of her advice for general education teachers working in RTI schools:
• Don’t worry if you do not know everything about students with disabilities. Be willing to ask questions and to allow others to help. Many instructional practices that are effective with most students are also effective with students with disabilities.
• Remember that a couple of minutes of focused instructional support that provides additional opportunities for students with disabilities to practice can be very helpful. You don’t need to wait until you have 20 minutes or more, 3 to 5 minutes throughout the day of individual guidance, feedback, and support make a big difference.
• Use ongoing progress-monitoring measures in reading and math to inform your instructional decision making.
• Ask the special education teacher, an experienced general education teacher, or the school psychologist to observe students with disabilities in your class. Ask them for advice to improve your instruction.
• Communicate frequently with parents and other professionals. My class publishes a newsletter every other week that is posted on our class website. If parents like, we print the newsletter and send it home. I also send home weekly notes to parents of students with disabilities to inform them of their child’s progress. I frequently meet with other professionals such as the school psychologist and special education teachers to assure that I am providing appropriate instructional and behavioral supports.
Elizabeth further reflects, “Ever since I was little, I wanted to be a teacher. When I imagined myself as a teacher, I thought about helping students who needed me the most. I really feel most like a teacher when students who have difficulty learning make progress. I like that my classroom includes students with a range of disabilities. We all learn what we can do well and
CHAPTER OUTLINE
Interview: Elizabeth Diller
Early and Recent Foundations of Special Education
Early Influences
Recent Influences
IDEIA and the Vocational Rehabilitation Act
Provisions and Guidelines for Implementing IDEIA
Provisions of the Vocational Rehabilitation Act
Continuum of Educational Services: Concept of Least Restrictive Environment
The Individualized Education Program (IEP) Responsibilities of Classroom Teachers
Participating in the Referral and Planning Process
Adapting Instruction
No Child Left Behind Act, Expanding IDEIA, and Inclusion
Testing Accommodations for Students with Disabilities Expanding the Impact of the IDEIA Inclusion
Accessing Information About Students Inclusion Issues
Summary Think and Apply
what we need help with, and we always know that there are classmates there to support us.”
Introduction
Elizabeth’s account reflects the views of this book. We recognize that teachers make a difference; that we must teach purposefully to empower all of our students to learn; that even small steps matter; and that if we set ambitious goals, provide research-based instruction, and monitor students’ progress, we can ensure success for all learners in our classroom. The aim of this book is to offer you the knowledge, tools, and strategies that will empower you as a classroom teacher to skillfully, confidently, and successfully promote learning for all your students. This book takes a cross-categorical approach—that is, accommodations for exceptional learners are discussed in terms of their shared needs rather than in terms of their identification as members of a disability category. This helps you make instructional and behavioral decisions that benefit the majority of students with special needs.
The basic knowledge you need includes an understanding of the laws and procedures that govern special education and inclusion. This is where we begin.
1.1 EARLY AND RECENT FOUNDATIONS OF SPECIAL EDUCATION
Before the 1950s, many students with disabilities were excluded from attending public schools. Although children with more severe disabilities were forced either to stay home or to be institutionalized, students with mild or moderate learning problems often dropped out of school long before graduating (Pardini, 2002). Interestingly, students with disabilities continue to have a dropout rate that is twice as large as their peers without disabilities (Chapman, Laird, & KewalRamani, 2011). It may be difficult for you to imagine, but as recently as 1958, court cases ruled in favor of excluding students with disabilities from a public school education. In Department of Public Welfare v. Haas in 1958, the Supreme Court of Illinois maintained that the state’s compulsory education laws did not require a “free public education for the ‘feebleminded’ or to children who were ‘mentally deficient’ and who, because of their limited intelligence were unable to reap the benefits of a good education” (Yell, 1998, p. 55). Eventually, however, the tide turned in favor of advocating for the education of all students.
1.1.1 Early Influences
Exclusion of students with disabilities from public education would not last forever. A landmark education case paved the way for future legislation that would protect the rights of individuals with disabilities to attend and benefit from public education. In Brown v. Board of Education in 1954, the Supreme Court ruled that school segregation by race was not constitutional, even if resources were allotted equally. This was the first time the federal government had advocated for students who experienced inequality and prejudice at school, and it set the path for future legislation for individuals with disabilities. See Figure 1.1 for more examples of court cases that have influenced the education of individuals with disabilities.
The Elementary and Secondary Education Act (ESEA) passed in 1965 initiated the role of the federal government in protecting and providing for students from disadvantaged backgrounds so that they would have equal access to the public education system. For example, one of the ESEA provisions established the free and reduced lunch system because children whose basic needs are not met (e.g., being hungry) are not able to benefit
FIGURE 1.1 Influential court cases
• 1971—Pennsylvania Association for Retarded Children (PARC) v. Commonwealth of Pennsylvania. Challenged the constitutionality of excluding individuals with mental retardation from public education and training. The state was not allowed to “deny to any mentally retarded child access to a free public program of education and training.”
• 1972—Mills v. Board of Education of the District of Columbia. Another case in which handicapped children had been excluded from public schools. Similar to the PARC case, this suit required the state to provide “adequate alternative education services” as well as “prior hearing and periodic review of the child’s status, progress, and the adequacy of any educational alternative” (348 F. Supp., at 878). In both the PARC and Mills cases, the courts required schools to describe the curricula, objectives, teacher qualifications, and supplemental services that were needed, areas that would later be influential during the drafting of P.L. 94-142.
• 1982—Board of Education of Hendrick Hudson Central School District v. Rowley. Clarified the definition of a free and appropriate public education (FAPE). Amy Rowley was a deaf fifth grader who used an FM hearing aid that amplified words spoken by her teacher. She was achieving better than the average student in her class and communicated well with her peers. Although she may not have been achieving maximally and might have benefited from an interpreter, the court ruled that P.L. 94-142 requires states to provide sufficient, but not the best possible, support for students to benefit from a public education at a level typical of that of nondisabled peers.
• 1988—Honig v. Doe. Benefited individuals with emotional and/or behavior disorders who have academic and social problems. Ruled that schools could not expel children for behaviors related to their disability.
• 1999—Cedar Rapids v. Garret F. Garret was paralyzed from the neck down in an accident when he was age 4, but his mental capacities were unaffected. He required nursing services to attend his regular classes, and the court ruled that under IDEA students must be provided with the supplemental services they need to attend school at no extra cost to the parents.
• 2007—Winkelman v. Parma City School District. The Supreme Court decided that parents may pursue IDEA claims on their behalf independent of their child’s rights.
fully from instructional programs that are provided. A critical component of the ESEA for individuals with disabilities was the grant program that encouraged states to create and improve programs for students with disabilities. This program was later revised in 1970 as the Education of the Handicapped Act (P.L. 91-230) and continued support for staterun programs for individuals with disabilities, although it did not provide any specific guidelines for how to develop these programs or what they should look like.
For many students with disabilities, the initial goal of special education was to ensure that they were provided an opportunity to attend school and profit from education. Not until the passage of P.L. 94-142 in 1975 were schools required to ensure that all children, regardless of their disability, receive a free and appropriate public education. For students with learning disabilities, most of whom were already provided education within the general education system, their special needs would now be identified and they would be provided with a special education.
Initially, defining and providing a special education for students with disabilities were challenges for educators. Little was known about what an effective educational program for students with disabilities should look like. Many classroom teachers perceived that they did not have the knowledge or skills to provide these students with an appropriate education. We have made extraordinary progress in the last few decades and yet we continue to realize that many students with disabilities are not accessing the quality education they need (Vaughn, Zumeta, Wanzek, Cook, & Klingner, 2014).
1.1.2 Recent Influences
The Every Student Succeeds Act (ESSA) was signed by President Obama in December 2015 as a commitment to equal opportunity for all students. ESSA replace the No Child Left Behind Act (NCLB) that was enacted in 2002. ESSA includes many of the components of NCLB but provides additional opportunities for schools when students are not making adequate progress. Both are bi-partisan bills with a focus on improving educational outcomes for all students including students who have traditionally demonstrated low performance in academic areas. ESSA shifts students accountability from the federal government to state and local control where progress is monitored and sanctions determined. NCLB was enacted to provide a framework “on how to improve the
performance of America’s elementary and secondary schools while at the same time ensuring that no child is trapped in a failing school” (U.S. Department of Education, 2002b, p. 1). NCLB covers a wide range of areas, from improving teacher quality and supporting instruction for English language learners (ELLs) to efforts to keep schools safe and drug free. Following are the three areas of education that have been affected by NCLB:
• Increased accountability. In perhaps the cornerstone of NCLB legislation, students are required to take statewide assessments (e.g., tests) that are aligned with curriculum accountability standards (e.g., state-identified grade-level learning expectations in key curriculum areas such as reading and math). Furthermore, school districts are expected to make adequate yearly progress (AYP) in the areas that are tested. Adequate yearly progress is the amount of gain the school district negotiates with the state that it will make for students who are behind. It is the way the school district can determine whether it is closing the gap between students’ current performance and their expected performance at that grade level. Unique to this legislation is the distinction that all students should be included and make adequate yearly progress in these high-stakes assessments, regardless of disability, socioeconomic status, language background, and race or ethnicity. Schools that fail to make adequate progress toward proficiency goals are subject to improvement and restructuring efforts as needed to assist them in meeting state standards. Students with disabilities and special education teachers are influenced by this increased accountability, as most students with disabilities will conform to these increased high expectations for performance on outcome assessments.
• School choice. Parents whose children attend schools that do not meet state accountability standards are given the opportunity to send their children to schools with higher performance records. Furthermore, there is more flexibility in how Title I funds (special funds allotted to schools with a large proportion of low-income families) are used, as well as support for charter schools (schools that develop proposals to use state funds but have independence from the local school district) that provide parents with additional educational options for their children. Critics of school choice raise the concern that charter schools might exclude students with special needs or allow all students to attend without providing the necessary services and resources that would help them succeed (Howe & Welner, 2002).
• Greater flexibility for states, school districts, and schools. A goal of NCLB is to provide states with greater flexibility in how they choose to use federal education funds (including providing a variety of state grant options in areas such as teacher quality, educational technology, and reading) as long as they demonstrate high standards of accountability.
Since it has been more than a decade since NCLB was passed into legislation, it is very likely that a revised version of NCLB will appear in the near future. Secretary of Education Arne Duncan provided a press release on the NCLB revision process (press@ed.gov; April 16, 2015) stating that he thought the following ideas were critical:
• Expand access to high-quality preschool
• Invest in innovation and scaling what works
• Assist all students in succeeding (including those with disabilities)
• Provide communities with the information they need to know if students are falling behind in school
1.1.3 IDEIA and the Vocational Rehabilitation Act
Legislation for individuals with disabilities has provided them with education, employment, housing, and other rights that they previously were denied because of their disabilities. You can imagine how important the following two landmark pieces of legislation have been. The Individuals with Disabilities Education Act (IDEA),
P.L. (Public Law) 94-142, and the Vocational Rehabilitation Act, P.L. 93-112, have significantly improved the opportunities for individuals with disabilities.
P.L. 94-142, originally referred to as the Education for All Handicapped Children Act, was enacted in 1975, later reauthorized and expanded as the Individuals with Disabilities Education Act (IDEA) in 1990, and most amended by the Individuals with Disabilities Education Improvement Act (IDEIA) in 2004 (with regulations published in August 2006 for school age youngsters) and in 2011 for babies and toddlers. We do not expect significant changes in the law before 2017. This legislation was designed to ensure that all children with disabilities receive an appropriate education through special education and related services. Figure 1.2 provides a summary of the history of laws governing special education.
1.1.4 Provisions and Guidelines for Implementing IDEIA
To ensure that the provisions of this legislation are adhered to, teachers must understand the basic premises that are at its foundation. The following primary provisions and guidelines characterize what schools and teachers must know and do (Turnbull, Stowe, & Huerta, 2008):
• Zero reject/free, appropriate public education. No child with disabilities can be excluded from education. This is commonly referred to as zero reject. Mandatory legislation provides that all children with disabilities be given a free, appropriate public education. Before IDEIA, school officials who felt that they were not equipped to address the special needs of particular students would not accept such students into their schools.
• Child Find. States are required to identify and track the number of students with disabilities and to plan for their educational needs. This is commonly called Child Find
• Age. The law defines the ages that individuals with disabilities must be educated. IDEIA provides for special programs and services for all students with disabilities between the ages of 3 and 21. Infants and toddlers with developmental delays (birth to 2 years of age) are also eligible to receive early intervention services.
• Nondiscriminatory evaluation. A nondiscriminatory evaluation—an evaluation that does not discriminate on the basis of language, culture, and student background— must be provided for each individual identified for special education.
• Individualized education program. An individualized education program (IEP)—a plan developed to meet the special learning needs of each student with disabilities— must be written, implemented, and reviewed.
• Least restrictive environment. IDEIA defines the educational settings in which students are placed. The least restrictive environment is the setting most like that of students without disabilities that also meets each child’s educational needs. Inherent in the least restrictive environment is the notion of continuum of services. Continuum of services means that a full range of service options for students with disabilities will be provided by the school system. These service options include self-contained classrooms, resource rooms, and homebound and general education programs.
• Due process. Due process not only ensures that everyone with a stake in the student’s educational success has a voice, but also addresses written notification to parents for referral and testing for special education, parental consent, and guidelines for appeals and record keeping. IDEIA guarantees the right to an impartial hearing if appropriate procedures outlined by IDEIA are not followed and parents or schools believe that programs do not meet the student’s educational needs.
• Confidentiality of records. IDEIA requires confidentiality of records. All records and documents regarding students with disabilities must remain both confidential and accessible to parents.
FIGURE 1.2 History of the federal laws for the education of learners who are exceptional
1965 Elementary and Secondary Education Act (ESEA) (Public Law 89-10)
• Supports many initiatives that help low-income families access high-quality education programs
• Includes provisions for free and reduced lunches and additional teachers in disadvantaged communities
• Applies to children who need additional support to benefit from public school education programs
1973 Vocational Rehabilitation Act (VRA) (Public Law 93-112, Section 504)
• Defines handicapped person
• Defines appropriate education
• Prohibits discrimination against students with disabilities in federally funded programs
1974 Educational Amendments Act (Public Law 93-380)
• Grants federal funds to states for programming for exceptional learners
• Provides the first federal funding of state programs for students who are gifted and talented
• Grants students and families the right of due process in special education placement
1975 Education for All Handicapped Children Act (EAHCA) (Public Law 94-142, Part B)
• Known as the Mainstreaming Law
• Requires states to provide a free and appropriate public education for children with disabilities (ages 5 to 18)
1986 Education of the Handicapped Act Amendments (Public Law 99-457)
• Requires states to extend free and appropriate education to children with disabilities (ages 3 to 5)
• Establishes early intervention programs for infants and toddlers with disabilities (ages birth to 2 years)
1990 Americans with Disabilities Act (ADA) (Public Law 101-336)
• Prohibits discrimination against people with disabilities in the private sector
• Protects equal opportunity to employment and public services, accommodations, transportation, and telecommunications
• Defines disability to include people with AIDS
1990 Individuals with Disabilities Education Act (IDEA) (Public Law 101-476)
• Renames and replaces P.L. 94-142 (EAHCA)
• Establishes “people-first” language for referring to people with disabilities
• Extends special education services to include social work, assistive technology, and rehabilitation services
• Extends provisions for due process and confidentiality for students and parents
• Adds two new categories of disability: autism and traumatic brain injury
• Requires states to provide bilingual education programs for students with disabilities
• Requires states to educate students with disabilities for transition to employment, and to provide transition services
• Requires the development of individualized transition programs for students with disabilities by the time they reach the age of 16
1997 Individuals with Disabilities Education Act (IDEA) (Public Law 105-17)
• Requires that all students with disabilities continue to receive services, even if they have been expelled from school
• Allows states to extend their use of the developmental delay category for students through age 9
• Requires schools to assume greater responsibility for ensuring that students with disabilities have access to the general education curriculum
• Allows special education staff who are working in mainstream classrooms to assist general education students when needed
• Requires a general education teacher to be a member of the IEP team
• Requires students with disabilities to take part in statewide and districtwide assessments
• Requires states to offer mediation as a voluntary option to parents and educators to resolve differences
• Requires a proactive behavior management plan to be included in the student’s IEP if a student with disabilities has behavior problems
• Limits the conditions under which attorneys can collect fees under IDEA
2004 Individuals with Disabilities Education Improvement Act (IDEIA) (Public Law 108-446)
• Allows districts to use a response-to-intervention (RTI) model for determining whether a child has a specific learning disability, and no longer requires that a child have a severe discrepancy between achievement and intellectual ability to qualify (RTI is described in more detail later in this chapter)
• Increases federal funds to provide early intervention services to students who do not need special education or related services
• Eliminates use of short-term objectives in an IEP except for students who do not take statewide achievement assessments
• Raises standards for special education licensure
• Adopts policies designed to prevent the disproportionate representation of students in special education by race and ethnicity
• Advocacy. IDEIA requires advocacy for students without guardians. Advocates are assigned for individuals with disabilities who lack known parents or guardians.
• Noncompliance. IDEIA requires that states mandate consequences for noncompliance with the law.
• Parent participation. Parent participation and shared decision making must be included in all aspects of identification and evaluation of students with disabilities. Teachers may wonder what some of the guidelines are that pertain to all educational settings. The following guidelines were developed by the U.S. Department of Education after the Individuals with Disabilities Education Improvement Act (2004) was passed to provide this information to school personnel. Critical guidelines include:
• Using person-first language. In other words, do not define a child by his or her disability. For example, say “students with learning disabilities” rather than “learningdisabled students” or “students with autism” rather than “autistic students.”
• Requiring that transition services be included in the individualized education programs of all students by at least age 16. Transition services refers to providing activities on behalf of the student with the disability that promote an outcomeoriented process of supports from school to postsecondary activities that include further schooling, vocational training, and integrated employment.
• Providing for states, as well as school districts, to be sued if they violate the IDEIA.
• Including two new special education categories: traumatic brain injury and autism.
• Adding assistive technology as a support service.
• Promoting the involvement of students with disabilities in the general education curriculum.
• Requiring greater accountability for results so that students with disabilities are part of the accountability system.
• Requiring that the IEP not only describe the extent to which a student will be integrated, but also detail the aids and accommodations the student will receive within the general education classroom.
• Allowing states and local districts to use “developmental delay” eligibility criteria through age 9 instead of one of the specific disability categories so that students will not be classified too early.
• Providing further flexibility by allowing IDEIA-funded staff who work with students with disabilities in general education classrooms to work with others who need their help as well.
• Requiring states to include students with disabilities in assessments, and to provide appropriate modifications and develop alternative assessments for the small number of students who cannot participate in regular assessments.
In addition to these provisions and guidelines, the U.S. Department of Education (n.d.) maps out key features of the IDEIA that shape how the provisions and guidelines are implemented:
• Evidence-Based Practice: One of the significant requirements when Congress reauthorized IDEA in 2004 was the stipulation that students with disabilities receive services based on knowledge and practice from research—to the extent possible. Students with disabilities are vulnerable to receiving risky practices. Establishing research as the baseline for decision making for individuals with disabilities is a valuable guide.
• Discipline: The IDEIA allows schools to remove students with disabilities for serious bodily injury and adds new authority to consider discipline on a case-bycase basis.
• Response to Intervention: Schools must permit the use of alternative research-based procedures for determining whether a student has a severe learning disability and must not require use of a severe discrepancy.
• Early Intervention Services: Schools may provide academic and behavioral support for students not currently identified as special education students. They may use not more than 15% of the amount of special education money the local education agency (LEA) receives.
• Evaluations and Individualized Education Programs: Not all personnel need to be present in IEP meetings if the parents and school agree in writing. However, parents and key educators not present must be informed of any changes to the IEP.
• Monitoring: Emphasis is on improving educational results and functional outcomes for each student.
• Highly Qualified Teachers: Special education teachers must obtain state certification or pass the state special education teacher-licensing exam.
• Private Schools: Students have no individual rights to services and service plans; rather, an IEP is developed for individuals with disabilities.
What do classroom teachers and parents need to know about referral and identification for special education?
Follow the ten-step sequence for a quick rundown on what you and your students’ parents need to know about referral and identification for special education:
Step 1. Teachers, parents, or other stakeholders (e.g., physicians) consider that the individual may be in need of possible special education and refer the child for evaluation. The evaluation must be completed within 60 days after parental permission is obtained.
Step 2. A full and individual evaluation is provided.
Step 3. Eligibility for special education is decided by a group of qualified professionals and the parents.
Step 4. The student is found eligible for services.
Step 5. The IEP meeting is scheduled, including parents and all qualified personnel.
Step 6. IEP meeting is held to inform the IEP and IEP is written.
Step 7. Services aligning with IEP are provided.
Step 8. Ongoing progress is measured and reported to parents.
Step 9. IEP is reviewed annually or more frequently if needed.
Step 10. Reevaluation occurs to assure progress and further determine services.
1.1.5 Provisions of the Vocational Rehabilitation Act
The Vocational Rehabilitation Act (P.L. 93-112) prevents any private organization that uses federal funds, or any local or state organization, from discriminating against persons with disabilities solely on the basis of the disability. This law made a significant difference in the provision of equal opportunities and services for individuals with disabilities because agencies that accept state or federal monies must comply with the law. It prohibits discrimination not only in public education, but also in the employment of persons with disabilities and in social and health services. Because of this law, many individuals with disabilities now have greater access to opportunities in the workplace, community services, and colleges and universities. Take, for example, the case of Kathy Carter. “Access to facilities has opened up the world for me and Kathy,” said Amy Carter, Kathy’s mother.
Since Kathy’s mobility is limited to scooting around or the use of a wheelchair, there were many places we could not go. The movie theater closest to our house has a show upstairs where they often show children’s movies. I either have to go with another adult who can help me get Kathy up the stairs or we can’t go at all. I must say, I’ve noticed a big difference recently. The new shopping mall near our house is completely wheelchair accessible.
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Two people, the woman of mystery truly said, were better than one; they presented a more imposing front to the enemy—that is, the hotel-keeper— and in case of any bluffing or attempt at imposition, offered a double supply of the courage necessary to unmask and combat his stratagems of war.
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To this Mrs. Allonby began with haughty reticence, to the effect that one had excellent reasons not always possible or desirable to explain, and ended, before they reached the town, by confiding to her that she had been turned out of Les Oliviers, the manner of which turning out she related not without humour, the absurd side of the catastrophe having suddenly presented itself to her imagination. The whole episode now showed itself in the light of an excellent joke and capital opportunity of getting a change. Les Oliviers was undoubtedly dull, euphemistically, restful. It had been remarked by foreign visitors that none but English could put up with the dulness of that high-placed, solitary house.
The woman of mystery observed that the onslaught of Madame Bontemps was sudden and apparently unprovoked, and Ermengarde returned that it was absolutely unprovoked; she had not so much as seen either mother or daughter for a couple of days at least, so that an opportunity of provocation had not been forthcoming even.
"I was out nearly all day yesterday," she said, "and went straight to my room when I came in at night, and I was down late this morning, and breakfasted alone in the corner looking down the gorge, and never moved till I went in. I couldn't move, in fact, because my Italian lesson came immediately afterwards."
"Oh, your Italian lesson," said Agatha, with a look of enlightenment. "Ah! and you found Mlle. Bontemps in the office? I see."
Having found the key to the mystery, she suddenly became so absentminded as not to hear the question, "What do you see?" Then she began to warn Mrs. Allonby equally against the larger hotels and any in the Caravan
Bay, and Ermengarde took the opportunity of finally refusing to drag her into the fag of hotel-hunting, and got into a tram going towards Caravan by herself.
But when, a couple of hours later, she found herself leaning on the balustrade by the sea on the Promenade du Midi, very tired and hot, and unable to find any room in the crowded hotels just visited, she was partly annoyed and partly pleased to see the tall, slight figure of this woman of mystery coming towards her.
"I never saw it more darkly and deeply blue," Agatha said, stopping and leaning at her side, "or the turquoise of the shoal water more clear and lovely."
The soft boom of surf on the rocks was very lulling and sweet, and the scent of the pure, azure-shadowed spray that dashed from waves breaking in fine curves of every shade of blue, with never a tint of green, fresh and vivifying. Even the subdued menace of the ground-swell was mellow, not harsh with the scream of dragged shingle, as in paler, greyer seas. It was restful to look and look, to plunge and steep the sight in the intense glowing blue, and wonder if it could be true, a real sea rolling through this midearth, and not some incredible splendour of "faery lands forlorn." Even the wickedness and cruelty of Arthur took a softer complexion in the light of that warm and clear dark sea. Far out towards the horizon the velvety depth of blue made the sky white by comparison; but nearer it had a liquid quality, a sparkling sweetness that promised to assuage thirst and renew failing pulses as with some divine elixir. One might drink deep of that clear wave and lose all memory of pain and grief, or, like the waters of Eunoe, it might bring to mind all that is beautiful—lost joys, forgotten aspirations, divine desires, old sweet loves.
But in a world of prose and fatigue tea was a more desirable, or at least a more attainable, elixir; for was not Rumpelmayer's hard by— Rumpelmayer's of the pure and perfumed China leaf and select company? Thither Ermengarde turned, and secured a table outside, with that broad purple splendour still in sight, and its salt freshness stealing through the palm-colonnade and rustling the feathery tops of the giant eucalyptus in the
public gardens opposite; and thither, after some hesitation and consultation of her watch, the woman of mystery was persuaded to accompany her.
The last strains of the band were dying away in the dark greenery of the gardens; people were streaming off in every direction in the golden afternoon; Rumpelmayer's was rapidly filling to overflow inside and out— carriage after carriage rolling up and setting down charming costumes of muslin and pale summer tints of various texture, oddly finished with furs and sunshades of dainty hue. There was a cheery murmur of voices and laughter all around, with the solemn undertone of sea-surges booming through all. Ermengarde had left Agatha to fill the cups with that exquisite China fragrance, while she went in to choose cakes, and was just coming out with a heaped plate when she met the smiling gaze of Ivor Paul, who seemed to have been strolling aimlessly with the crowd, when he stopped to speak to Agatha, whose manner conveyed an impression of unrest and anxiety, rather than embarrassment, at this meeting.
"You may have forgotten Mr. Paul, who was at Les Oliviers some time since," she said; and Ermengarde, replying graciously, reflected that her opportunities of forgetting this young man had been singularly scanty. He positively haunted them; he was as persistent as a family ghost, or the Anarchist himself.
He proved more entertaining than either of those, however, discoursing most gaily and pleasantly about nothing, laughing at less, and listening with due sympathy to the sorrows and fatigues of Ermengarde in her expulsion from one hotel and ineffectual hunt for another, and observing that it was a beastly shame, and that hotel-keepers were a rotten lot, which confirmed her in a growing conviction that this turning-out was of the nature of an excellent joke and delightful adventure. Had Mrs. Allonby tried Pension Gilardoni? An aunt, or some such elderly and respectable relation, of his had wintered there, and found it most satisfactory and quite reasonable— altogether a ripping place. It was just along there on the west of the gardens by the sea. It would give him pleasure to conduct her to the house there and then.
But Ermengarde had had enough of hotel-hunting for that day, and after a little pressure accepted the woman of mystery's offer to go and explore the
house for her, personally conducted by Mr. Paul; or rather, as she reflected when left to sip her second cup alone, the two young people had simply gone off at once upon this benevolent quest, without waiting for any consent or comment, vanishing among the palms before there was time to take breath, and leaving Agatha's steaming second cup to waste its perfume on the unthinking crowd.
Chapter XVII
The Promenade du Midi
"Do you know that you are half an hour before time?" Agatha said as soon as they were out of hearing in the gardens.
"Yes; but I didn't expect to find you yet. But when I spotted you at the tea-shop I had to come. I thought you were alone. The game's up at last, and no mistake. This is good-bye, sweetheart—good-bye for ever now!"
There was a sudden break in his voice. He wanted to tell her that he had hungered for a sight of her, and longed for a word to restore him to hope, courage, self-respect; that he had lost his bearings, and was drifting headlong upon hidden rocks and quicksands; but would not founder without throwing up some danger signal, and catching at any spar floating by or any rope flung to him. But he could find no words. The hoarse murmur of the broken surf and subdued roar of the ground-swell mingled with the heavy surging of blood in his ears, and dazed and stupefied him, as they walked in the nearly deserted gardens, their eyes on the ground.
Presently Agatha looked up and saw that the surface laughter had died from his face, which was white and drawn, and almost stern in its gravity.
"Now you look like your mother, Ivor," she said gently; and he retorted with sudden fierceness:
"Heaven forbid she should look like me! She is a good woman, Agatha; it was a bad day for her when she brought me into the world. I've always been in the wrong box, somehow. To go straight I ought to have been born rich; I'm made like that. But it's all done and over now. And I want you to tell her—tell her—I'm sorry for her sake—I've gone under. That's all."
"No, Ivor, not all. Let me tell her—for her sake, that you have risen again—as you can and must—for her sake."
"You talk like a woman," he said impatiently. "And what do women know?"
How could he tell her—not that he wished to—what had driven him there to be near her, if not actually with her, an hour before the time fixed, for succour and refuge from shipwreck more complete and terrible than that of which she knew—in part, at least—already? How could she enter ever so slightly into the passion and misery that were tearing him, into the struggle of all that was best in him enlisted on the side of all that was worst, of a weak and wavering will, drawn hither and thither by the fierce contention of honour and chivalry, gratitude and compunction—against despair and passion and a certain dire, half-conscious need of that tenderness, even protection, that weak woman often gives to strong man?
The dumb and piteous appeal in his eyes—great, soft eyes, like a loving repulsed dog's—went to her heart, but what did it mean? Was he only sorry for himself, this great man-child, helpless before his own passions, or was the spring of real penitence touched at last? Did he want comforting exculpation and the assurance that his mother would never know half or grieve for a quarter, and that all would come right by some mysterious magic? Silently, with a gentle pressure, she slipped her hand into his arm; he pressed it hard against his throbbing side, with a deep, gasping breath, and drew her to a bench, set back in shining foliage outside the gardens fronting the sea, where they sat looking absently at sunlit sails dipping and gliding over the broad blueness, and listening absently to the continuous plunge and break of tumbling waves.
He had been in quite other company that day, and was still tingling and throbbing with the sound of another voice and the excitement of a scene of sudden, unimagined passion, the thought of which made him press the hand in his own more convulsively to his side, as if it had power to save him, like a frightened child clinging to a mother.
It had come so suddenly. He had been loitering drearily in the Casino gardens in the forenoon to kill time till the appointed meeting at Mentone, loitering by a hedge of prickly pear, its bare, bone-like stems and fleshly leaves spread like distorted hands, its dull-red, warty fruit, grotesquely suggestive of weird spells and horrible enchantments, when round the
corner all at once he had come eye to eye with the Countess, solitary, sad and with a new, subdued gentleness in her manner.
He must come in to her apartment, to the balcony looking on the gardens, he heard; she was alone; they must breakfast together; she was sure he had not breakfasted; they would have a bottle of that Clos Vougeot he had liked.
The breakfast had been very cheerful and reviving—dainty cookery, a lively and warm-hearted hostess bent on pleasing, and afterwards an excellent and favourite cigar and a cup of coffee of unimaginable perfection. Such things soften the bitterness of affliction and bring people to contemplate misfortune in gentler mood and through rosier light. And in this cool, sumptuously fitted apartment by the balcony that looked on the gardens, it was pleasant to linger and laugh, forgetful of the thorns of life. And there and then the offer to square the Spider had been pressingly renewed and courteously declined. No man preyed upon women.
But the woman this time was in luck; she could spare whatever was necessary to appease the cormorant; there was no question of preying on her.— But men must stand or fall by themselves. No; he was cruel; he scorned her help; there were tears.
These, of course, had to be dried. There followed assurances of gratitude, friendship, respect; then the counter-assurance of her suddenly inherited wealth. Still her desire to recognize and return old kindnesses was not held to justify preying upon women. He was sincerely grateful, but she must not be hurt by an absolute refusal of her generous offer.
Then came the bolt from the blue, in the shape of an outburst of frenzied passion, fiercely tender, throbbing with life, deep as death.
She loved him. It was the one deep and lasting and genuine passion in a life of many loves, light, fugitive, and easily forgotten; no pale, selfregarding girl's love, but the fervid and passionate self-devotion, the worship, of a matured and full-blooded nature, of one who had drunk deeply of the cup of life, who knew the world and had sounded all the mysteries of passion. She asked nothing in return—nothing but leave to
adore, to cherish. They would go to some sunny summerland, where he was not known, wherever he pleased; they might cruise about in their own yacht; they might live on her estate sometimes—anywhere, only together. If he were, as he said, cast broken and friendless upon the world, without a crust, with neither friends, nor hope, nor prospects, why not take refuge in her love? Her wealth was ample. All she had was his without reserve. He might exchange into a regiment on foreign service; he might serve in a foreign army. He might not think it, but she could be a tame, fireside woman for his sake: she would make him a true and devoted wife, married or not. When a woman loved truly she was capable of anything.
Her appeal had the irresistible force of real passion; she was handsome —he had had no idea how handsome till now. Emotion brought back the sweet freshness of youth to her face, called out wonderful tones in her voice and strange brilliance in her eyes. Now she was tender, gentle, sisterly; now she was tragic, fierce, despairing; then suppliant and reproachful, but always with that electric flame of passion kindling and overcharging an atmosphere of mysterious enchantment akin to the magic of the weirdly beautiful gardens and the diablerie of the glittering Casino.
The details of that wild scene he could in no wise recall; nor could he remember exactly how it had come to an end, and he had found himself once more in the free air, thrilled, intoxicated, revolted, bewildered, fascinated, but not bound.
After all, there were worse women than the poor countess. She was a good comrade, and infinitely to be pitied. Was it her fault that she had been torn from her convent in the white innocence of ignorant girlhood and flung without power of protest into the arms of an elderly and unlovable husband, with no pause for reflection, and neither knowledge nor a moment's experience of life? What was there to guide and protect a lovely, lonely, fascinating girl, childless and unloved, and unconscious alike of her power and her weakness, through the rocks and quicksands of a hard and cruel world? Poor child—poor, dear, good-hearted countess! And if her reputation were a trifle damaged, how many, far less tempted and yet of spotless fame in the eyes of a hoodwinked world, were frailer than she! And, after all, who was spotless among women—except Agatha?
To be near Agatha would be calm and safety from that wild and wandering fire. And yet, as he sat listening to the multitudinous murmur of broken seas, with her hand pressed hard to his side, he was powerless to shake off the spell of that passionate hour; the physical attraction, the glowing eyes, the transfigured beauty, the thrilling voice, the pathos, the pity, the deep emotion, were always in his eyes and ears and heart. What could Agatha know of that, or of the intensified power of it all in an hour of desperate need and misery?
"Is it true," he asked, after a long silence, "that my mother is pressed for money, and that you give typewriting to the girls?"
"Ask her yourself. I may say nothing."
"And are you that man's paid secretary? Don't say that's true—not that."
"What man?"
"Oh, that foreign chap, that Pole—de Konski, as he calls himself. He's on some secret service; half English he says he is. He's all right for me; but for you to be his secretary!"
"Certainly I am—his confidential secretary."
"Good Lord! Confidential! Mixed up in all that underhand business— intrigues—who knows what devilry! In his pay! And why? When you have a good home, when mother is wanting you, and would give anything to have you back with her."
"Surely you know why, Ivor—not that your poor mother does. We try to keep the worst from her. The girls help a little—she thinks it is her own money. She can't realize how that has dwindled—and then my—pay is very good."
"O Lord! As bad as that! And if only—yes, I might have gone straight, I might—if only—if only you had given me a chance, a hope, had kept true to me!"
"True? I have always been the same to you. We have always been friends, Ivor, ever since we were such little things, playfellows, then companions. Always fond of each other—in that way—till now, when you reproach me and make other claims upon me."
"I should never have got into this mess if only you would have cared for me."
He knew this was untrue; but the Circean spell, working so strongly in his blood, darkened his brain and made him savage to her who had power to set him free.
"What nonsense, Ivor! Why should I care for you in that way? Anything of that kind was hateful to your mother; you know that she was always against it. Even if you had spoken out, she had other views for you. She trusted me, and told me, and you know it, Ivor. How could I, under her roof, eating her bread—how could I take her son from her and spoil her happiness?"
"Spoiling my happiness is nothing, of course. Yet she chose her husband. A man has a right to choose his wife."
"But you had not chosen me. She was not sure. She was only afraid of what might be if we were much together. You were so young, even if you had really cared——"
"Really cared? If? When you knew——"
"I knew nothing but her fears and objections. You said nothing——"
"It was understood——"
"Only by you. And so you took it for granted, till just now since you found me here? You had no right to do so. You never spoke, Ivor."
"And if I had spoken? Agatha!"
"I could only have asked you to forget. I knew her dislike of it. I was no match for you. I had less than nothing. My dear aunt was quite right. She
knows you. Are you the sort of man to be happy on a crust? Yet she is no lover of mercenary matches."
He let go the hand, till now squeezed so fiercely to his side; the touch of it sent a mortal chill through him. She could sit there, calm and cold and unmoved, and discourse of the unwisdom of penniless marriages, while he was thirsting for a word or sign responsive to the love that thrilled him, and the need of love that devoured him, and the longing for sympathy that filled him with a desolate despair. And yet it was not such love as hers that he wanted in his secret heart, but a wilder, fiercer flame, though he did not know it. Yet he knew and feared the baser enchantment working in his blood, and in his better self revolted against it.
Her voice was even and sweet; all that she said was reasonable, cold, and calculated. She was so self-contained, so perfectly composed; kind and gentle, but with no hint of hidden fervour or suppressed feeling. Could nothing carry her off her feet; could she never forget herself in any sudden warmth, any gust of unconscious emotion?
And all the time the glow and stir of that other woman's tempestuous, self-forgetting passion moved him; the love-thrilled voice, the impassioned gestures, the splendidly moulded figure, the transfiguring tenderness on the beautiful, though faded, face, dazzled and inebriated him, in spite of moments of repulsion and disgust.
"Money," he muttered, "money! when all that one hungers for is a little love. Oh, you good women, cold and calculating and condescending to us poor, hot-headed, hot-blooded sinners, who only want a hand to help us out of the mud—a hand you won't reach out ever so little for fear of tumbling in yourselves."
"How unjust you are, Ivor," she cried, with tears in her voice and eyes, "you who clung to the mud you speak of, and refused to be helped out of it!"
"Help me now," he murmured. "Reach out a hand now—now that I'm sinking—deeper and deeper. I'm a beast, and a selfish beast at that. But marry me; it's my only chance. I haven't a penny in the world, and I've no
prospects. I'm done for—broken, good for nothing—but—marry me—pick me out of the gutter."
"Ivor! Are you mad?"
"Yes, and drunk too—raving mad and blind drunk," he shouted savagely. "I was always in love with you," he faltered, "even when you were a little mite of a thing in short frocks and long hair, when you used to bowl for me and bat for me and field for me, and I used to swing you in the swing in the big horse-chestnut——" He dropped his face in his hands with a heavy sigh, his arms propped on his knees, and his eyes bent frowningly on the gravel.
She was trembling now, but controlled her voice too well.
"And yet," she said, "I have no power with you—you will do nothing for me—you want me to go on batting and bowling and fielding for you in the perpetual, desultory cricket you make of life."
"And you," he retorted—"you want me to go on swinging you everlastingly under the humdrum, goody-goody chestnut you make of life."
"And this," said Agatha bitterly, "is love—a man's love!"
"Oh, I'll swing you," he returned savagely, "if you'll only have me— swing you for all I'm worth, if you'll only love me—love me, love me, Agatha—backwards and forwards, backwards and forwards, as long as you like, till my arms crack and drop off. That's love—a man's love."
She could not speak for the hot rush of sobs rising in her throat. She shut her hands tight, choked back the sobs, and looked straight before her at the broad blue sea glowing deeply in the sun. The dolphin-like hill-spur of Bordighera, all dreamy blue, with violet tints, paled while she looked and slipped suddenly under a veil of grey mist, while a huge black cloud, rising rapidly behind it, threw its shadow over the sea, changing peacock-blue and turquoise into deepest indigo. The chill of it struck into her. She drew in her breath and swallowed down her tears, and spoke in a low, even voice.
"Ivor," she said, "will you do this for me—only this one thing—the thing I have asked you so often before?"
"I'll do anything, everything; but I can't turn Methody, if you mean that —even for you——"
"Will you, once for all—I ask it for the last time—for my sake, give up gambling in every form—cards, betting——"
"How can I? Oh, you can make terms and conditions. You can stop and haggle over whether I'm worth raking out of the gutter or not. Well, I'm not. You may stake all you're worth on that. But if you cared twopence for me, you'd never stop to think whether I was or not; you'd just reach out a hand before you knew where you were, and haul me out. I know what love is, what even a woman's love can be. You don't——"
"Ah! Don't I?——"
"I'm not worth raking out. I know that fast enough. And I've only one chance to make it worth while from your point of view, and that is to square Mosson somehow. De Konski thinks it just possible; he may get him to wait awhile on a heavy percentage and say nothing. My leave is up in two days, and in those two days I must somehow rake in the dollars—supposing the beast will wait, that is—and of course my infernal luck is bound to turn now. And when I get home I know a horse or two I stand to make a pot of money on. So you see I can't do the thing you ask anyhow. Ask me something easier, Agatha; there's nothing I won't do for you but that, which I absolutely can't."
"But this is all I want," she said, shivering In the growing chill. "Promise this one thing, Ivor."
"It's mocking at me to ask that. It can't be done. If Mosson sticks to his pound of flesh, as he jolly well will—there's only just the off-chance that he won't—it means I'm broken, have to send in my papers—you know what the chief is—sell up the last stick, raise something on expectations, and begin again with no chances and a heavy debt. The best would be to work out a passage to Canada or South Africa and try my luck there. Else—there
is only the sea," he said, looking at the waves darkening under the great cloud sailing up from Bordighera with a cold blast before it, that drove sand and small pebbles into their faces and swept the promenade clear of people, donkeys, and mules in a minute, crashing eucalyptus-boughs together, twisting and twining tulip-tree and catalpa, and making the palm-tops writhe and rattle drily with a sound of pattering rain.
They were forced to get up and shelter from blinding sand and pebbles behind the trees and shrubs in the gardens, whither the storm pursued them, piercing through every chink. Ivor's hat went, and he had to plunge some yards after it, while Agatha, half blinded by a branch dashed in her face, stood waiting, cowering from the wind behind shrubs, through the stems of which she could see the broad band of sea, the western half still glowing deeply like a peacock's throat in vivid sunlight, and the eastern half meeting it in accurate sharp division, as darkly and deeply indigo, the shallow waters shading to duck's-egg. Calm and storm, brightness and darkness, were in close contention, like the spirits in Ivor's soul—the dark and the bright, the pure love and the impure. Yet the sunlight lay deep and warm on the western waves, and the western sky was clear and cloudless above the shadowed bluffs.
"Only the sea," he repeated sullenly, striding back to her, holding on his hat, and bracing himself against the fierce blast; "and you'll all be jolly well rid of me."
"Why will you talk like an idiot?" she cried through the loud wind. "Be a man, Ivor, for once. Your own folly brought you to this, you know perfectly well. Try to use a little sense, a little manliness. Pick yourself out of the mud and make a better thing of life than you have ever done yet. Give up this miserable gambling, for your own sake, if not for mine. Square the man yourself. He can get nothing by breaking you. Who can get blood from a stone? What if you have to leave the Service? Use those muscles of yours to some purpose. Use your brains. You are not the idiot or the child you make yourself out. Think of those who depend upon you, and don't talk of being dependent on women. Don't for a moment suppose that I, or any woman of spirit, would dream of marrying a man who can't stand on his own foundation."
They were walking against the wind, fighting their way through the deserted gardens to shelter behind the bandstand. The storm was so wild that things displayed outside shops parallel to the gardens were swept away before there was time to take them in; china hung on the walls rattled, clashed, and even cracked; newspapers, cards, handkerchiefs and scarves, flew hither and thither across street and gardens; the sunshine left the mountains, and the sky darkened.
"I was an ass to think you would," he replied grimly, maddened by her scorn, and in spite of the beating wind on it his face was quite white; for he knew that of the spirits casting dice for his soul the black one had won. "But," he added, stopping to catch the scarf that flew from Agatha's hand as she tried to wind it round her neck—"but—— Hullo, here's de Konski!"
The Anarchist was sheltering from the storm inside a café, and came out on their approach in the first great drops of a pelting rainstorm. "Yes, here I am," he repeated, saying something to Agatha in a language that had no meaning for Ivor, to which she replied quickly in the same, stepping aside in the shelter while the Anarchist hailed and stopped a fiacre flying past to stables. Then she wished Ivor good-bye, offering her hand, which he either did not or would not see.
"Good-bye," he said, when de Konski was handing her into the carriage. As she got in, she looked out and saw him replace his hat in the buffeting wind. Then she drove to Rumpelmayer's, where Ermengarde was still waiting. She could not catch the expression of his face as she drove off, but fancied a softening in its sullen hardness, while Ivor, unable in the rain and wind to catch a full glance of her face, turned back into the café with a dreadful sickness of heart, feeling that he had parted once for all with the better influences and purer hopes of his life, and was thrown definitely back to such consolation as a dishonourable union offered. Nothing mattered now; a sort of reckless joy took hold of him at the thought, and he shook off the heart-sickness with a wild laugh.
"Let's have a bock," he cried gaily. "If we must go to the devil, let's go with a light heart."
"But why go to the devil at all?" de Konski asked, when the waiter brought the drink.
"Nowhere else to go to, old chap. Nobody else to so much as look at the likes of me. I ain't worth the snap of a finger. Lord bless you, de Konski, that young saint you just popped into the trap out of my contaminating company never cared a hang for me—no, not a twopenny damn, so she says, and now I'm down on my luck she won't—— O Lord! Well! who cares? Better fish in the sea than ever came out of it, eh?"
"That depends on your fishing. Sometimes you net one with gold in its mouth. Pity to let that kind go."
"I shall never net this one," he sighed, setting down the glass he had drained, and staring blankly at the table before him. "She never did and never could care for me," he repeated silently to himself. And all the malign enchantment of the morning rushed back in full force, now that, scorned and rejected of one, he felt free to surrender himself to the other. "But I'll do the square thing," he told himself. "I'll marry her, I'm blest if I won't. She shall have her chance at last, poor woman!"
The Anarchist, sitting opposite at the wine-stained table, contemplated him with interest. "How," he asked presently, "do you propose to make the journey?"
"Going to marry for money, to begin with."
"No occasion, then, to trouble about the Spider any more?"
"O Lord, that beast! I'd forgotten all about him. I'm an ungrateful brute, de Konski. I'm awfully obliged to you, though, all the same. Shylock sticks out for his pound of flesh, of course?"
"Well, hardly that. After all, even he's human, Paul."
"Oh, I say, though, you don't mean to say—you can't mean to say— you've squared the beast!" he cried, springing up and making the glasses dance on the table.
"Well, yes, I've squared him—in a way."
"What way? Half my pay as interest? Seventy per cent. at the final square up six months hence?"
"No; but on conditions——"
"Conditions? Mosson making conditions?"
"Here is a paper signed by him. It is in duplicate, signed and witnessed. He remits you——"
"Mosson remitting? The sun'll tumble out of the sky."
"He remits you the whole, gives you a receipt in full—there it is in black and white—on condition that you bind yourself to play no more, to give up every kind of gaming and betting, and sign to that effect— witnessed by me. So now, Paul, you are a free man. No question of the descent to Avernus, the mercenary marriage, or anything of the sort— always providing you take this pledge."
"Oh, I say!" he muttered thickly, the drops starting on his forehead. "It can't be true—it can't. And the chief?——"
"Will know nothing."
"But Mosson?" he gasped. "Mosson to make me a present of all that? It's unheard of! Besides, it isn't the square thing; he must be paid—you can't rook him, if he's ever such a beast. And it's nothing to him whether I go under or not."
"Mosson is paid to the last centime—that is, he will be if you make this promise."
"Paid by whom?" he asked hoarsely.
"Naturally not by an enemy. By some one who makes it a stipulation that you never know, by some one who has your welfare so much at heart as to be willing to pay a price for it, who wishes you to be absolutely free and
unfettered by any obligation—except that of giving up this stupid, ruinous vice."
"The countess!" he whispered, turning cold and sick, as he sank back in the chair he had left, covering his face with his hands.
"Pff! Is it likely? I may not give you the smallest hint; I'm bound in honour, so don't ask. But, if you mean the woman you are always helping out of tight places, is it likely? Look here, Paul, there is the paper and its duplicate. Here is a pen—a fountain. Read and sign it. But think before you sign."
There was silence for some time—silence except for the fitful return of the quieting storm outside, the crackle of hail on roof and pavement, and the last faint pattering of rain before it stopped. Ivor did not move from his posture, his head fallen forward on the table between the glasses, his face in his hands, his shoulders slightly convulsed once, then rigid. The Anarchist looked at him with a sort of weary patience, but said nothing.
At last Ivor got up and went to the window, drawing the back of his hand across his eyes, and looked out on the drenched gardens, where orange-trees and palms were still quivering in the half-spent blast and the hail lay in great stones like lumps of sugar on the sunlit grass. Then he turned back, read the papers carefully, and silently asked for the pen and signed, his signature being duly attested by de Konski, who gave him one paper and kept the other.
"Now you are free," the Anarchist said, shutting up the pen and pocketing one paper.
"Yes, free," repeated Ivor, like a man in a dream.
Chapter XVIII
The Only Hope
The storm had become so furious that the driver, after taking Ermengarde up from Rumpelmayer's, insisted on putting in for shelter under the crowded porte cochère of the nearest hotel.
"We might as well have stayed at Rumpelmayer's, after all," she murmured, the wretchedness evoked by reading the publisher's parcel rushing back upon her at the first dull moment. Rumpelmayer's bon-bons were pleasant, and several interesting glimpses of human nature had been given her there at the little tables which were unusually thronged for the time of day on account of the storm.—"It was at least warm at Rumpelmayer's. And what of Villa Gilardoni, Miss Somers?"
"Oh, Villa Gilardoni! What will you think of me, dear Mrs. Allonby? My cousin began talking of—family matters; they were absorbing; time somehow slipped away, and the storm rushed up so suddenly—it was impossible to stand against it——"
"And so 'the hobby-horse, the hobby-horse, was forgot'? But it was too kind of you even to propose this fag on my behalf, much less to try to carry it out. And yet—you are looking very tired, dear Miss Somers."
"I am not tired," she replied hastily; "I am exhausted. I—oh! these storms upset one's nerves."
"Which storms?" Ermengarde wondered, and came to the conclusion that nothing merely meteorological had caused this upset. Could it be remorse? or was it the connexion by marriage? How much easier, simpler, and sweeter life would be were there no men in the world, she reflected, though, like other Utopias and earthly paradises, she thought it might be just a trifle dull. And who knew that, not only man, but even the devil himself might have his uses in the economy of things? The latter supposition she prudently confided to the secrecy of her own breast, while murmuring sympathetic common-places to Agatha, until such time as it
pleased the driver to brave the abating fury of the storm, and take them through the drenched town to the sheltered road under the plane-trees, and so to the foot of the ridge where there was nothing for it but to walk or ride up on donkeys and mules.
They chose the former alternative, the heavy rain having given place to a hailstorm by this time, and, before they had climbed in the shelter of vineyard-walls and steep rock-ledges to the first ridge, the hail gave over and the storm-beaten, indigo sea spread darkly, dashed with white foamridges, to their sight, when they stopped to take breath and shake out their skirts, whitened by hail.
Some fresh mimosa boughs in a jar of rough country pottery adorned one of the faded shrines of the Seven Sorrows. Who had placed it there, and in memory of what anguish? Agatha wondered, and Ermengarde told her of the phantom nuns Heinrich the porter had seen haunting the shrines at night.
"He must have believed that he saw them," she argued, "because nuns are improbable. If he had invented them, they would have had to be monks, since this was a male community—and still is—for the brothers come back occasionally now. How the people must miss them! They used to serve that church across the ravine. And look—this is how they got to their church."
She pointed to a long straight flight of narrow steps, hewn by handlabour out of one steep and solid rock, making a long and giddy descent of slippery and uncertain footing where the narrow steep stairs were mossed and uneven; so steep and so long the flight was that the greater part of it was hidden from sight below.
Agatha looked with unseeing eyes, her heart too full of her grief to be interested in anything unconnected with it. She remembered well her first acquaintance with those pathetic shrines, deserted but still finding some humble hearts to honour them in their evil hour. She remembered her anguish and prayer—prayer she knew now ungranted—on the convent steps, in the very face of the consolation offered upon the cross planted there as if in welcome. All the earth had seemed full of silent prayer in the hush and glory of sunset, on that first evening; every hill and ridge had been an altar smoking with sacrificial incense, and the amphitheatre of mountains
