Osborne, A. G., & Russo, C. J. (2007). Special Education and The Law: A Guide for Practitioners (2nd ed.). Thousand Oaks, CA: Corwin Press
This relates to special education via the laws that are set in place to protect, educate, and serve those students who may suffer with disabilities in the classroom. This also relates to the issues (rights and privacy) that these children and their families may endure for not receiving a fair, free and appropriate educational
This case was a very significant ruling for special education evident with numerous studies positing that the ruling of this 1982 case was perhaps the most important special education decision by the Supreme Court and to this day, continues to have a profound effect on the education of students with disabilities. Additionally, this was the first time that the Supreme Court had to interpret portions of the Individuals with Disabilities Act (IDEA 1990), which was then the Education for All Handicapped Children Act (EAHCA) as it relates to what constituted a free and appropriate education (FAPE) in the least restrictive environment (LRE).
Educators must understand and respect the legal rights of students and their parents, which are protected by the U.S. Constitution/Fourteenth Amendment. The Individuals with Disabilities Act and Section 504 of the Rehabilitation Act of 1973 protect students who have been identified with disabilities. According to both IDEA and Section 504, all special education students must be educated in the least restrictive environment. The two provisions also mandate that that all children with disabilities receive a free and appropriate public education, which is referred to as FAPE. This essay will answer the question, "what is FAPE and why is it so important in the education of all children, especially students with disabilities?"
Rules, regulations, and federal laws for special education have improved as the years have gone by. This essay will indicate how educators teaching special education must comprehend the mandates of the Individual with Disability Act (IDEA), student and parental rights. This essay will also explain how court cases (past and present) and IDEA has given special education students the ability to receive a Free Appropriate Education (FAPE). My interview with Ms. Patricia Pritchett, Coordinator of Special Education in DeKalb County School District, was able to give me information and guidelines in reference to their county procedures and policies for the special education department. The interview with Ms. Pritchett gave me insight as to special education legal framework and how the constant changes that affects students with disabilities and regular education students.
Not to mention, that this has given many disabled individuals chance to a quality education. This case has made congress take a closer look at the individualize needs that is acquired for students by mandating the school to find a program that will help students individual needs in educational system. “Power imbalances between parents and school districts cannot be eliminated, but the mandatory provision of information will go a long way” (Kotler, p.553, 2014). This help secure a people with disabilities a chance for a better future in educational system.
Prior to 1940’s, People with disabilities were excluded from society and were considered unable to learn. They are often placed in institutions under custodial care, considered unable to learn or benefit from regular educational programs. However, as early as in 1800s, some educators like Samuel Gridley Howe disagreed, believing that children with disabilities could learn and should have an education, not just custodial care.
To ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment and independent living, and to ensure that the rights of children with disabilities and parents of such children are protected….
During the 1950s, people who had a disability had two options of housing which included living with their families or living in an institution. However, families did not receive much support since most public welfare services were used towards institutional care, such as mental hospitals and orphanages. Throughout the 1960s there were movements to deinstitutionalize, which at that time basically led to smaller institutions. The 1970s allowed for even smaller community-based residential services that were typically designed for not more than 12 people that were similar in terms of age, independence, or ability. Even though different funding was available, many standards were violated in most of the institutions. Throughout the 70s there were movements to close state institutions and provide more community residential services as well as family support. During the 1980s groundwork for families was laid to expand their control of the nature of the support they received and more options were available to help out with living outside an institution. People with developmental disabilities began to gain increased support to having homes of their own during the 1990s and funded had dramatically increased to over $735 for family support programs in 1998. In 2001 the federal government began a new freedom initiative to “remove barriers to community living for people of all ages with disabilities and long-term illness.” In 2011 the decision that the isolation of people with
Parents and supporters of students with disabilities were able to use this case to improve educational opportunities for their children, and “established the right of all children to an equal opportunity for an education” (Heward., 2009, p. 26). Individuals With Disabilities Education ActIn 1975, the Education for All Handicapped Children Act (EAHCA), which is also known as Public Law 94-142, was passed by Congress and has been reauthorized and amended by Congress five times since it passed. In 1900, congress changed the name from Education of All Handicapped Children Act, and enacted The Individuals with Disabilities Education Act instead. This law was later reauthorized in 1997 and named Public Law 105-17, the Individuals with Disabilities Education Act Amendments (IDEA), was passed into a federal special education law, with final federal regulations being published in March 1999, and retained all of the earlier versions of Public Law 94-142. In 2004 this act was again reauthorized and became The Individuals with Disabilities Education Improvement Act (IDEIA), also known as IDEA 2004.The Individuals with Disabilities Education Act, requires that public schools serve all students and “ensures that children with learning disabilities have the ability to receive a free appropriate public education that
Learning Disabilities Online’s mission is to assist children and adults with learning disabilities to reach their full potential by offering advice and up-to-date information. They also offer educators with authoritative information about learning disabilities so they have a place to obtain any help that they may need. This site offers reliable information so a parent or a teacher can research learning disabilities and get information such as the definition of learning disabilities, the signs to look for, how to respond, and how to get help. It is estimated now that 2 million children in the United Sates have ADHD, attention deficit hyperactivity disorder and they offer
Along with many other topics of special education, the topic of inclusion has been surrounded by uncertainty and controversy for as long as the concept has been around.
Public Law 94-142: The Education for All Handicapped Children Act of 1975, now called Individuals with Disabilities Education Act (IDEA), requires states to provide free, appropriate public education (FAPE) for every child regardless of disability. This federal law was the first to clearly define the rights of disabled children to receive special education services if their disability affects their educational performance. A parent of a special education student also has basic rights under IDEA including the right to have their child evaluated by the school district and to be included when the school district meets about the child or makes decisions about his or her education. If a child is identified as in need of special education
The importance of education for all children, especially for those with disability and with limited social and economic opportunities, is indisputable. Indeed, the special education system allowed children with disability increased access to public education. Apart from that, the special education system has provided for them an effective framework for their education, and for the institutions involved to identify children with disability sooner. In turn, this promotes greater inclusion of children with disability alongside their nondisabled peers. In spite of these advances however, many obstacles remain, including delays in providing services for children with disability, as well as regulatory and
Behavioral principles have long been employed to achieve educational progress with children who have intellectual disabilities (Drew & Hardman, 2007). An issue of substantial concern is behaviors that may be self-injurious or dangerous to those surrounding the individual. In order to prevent occurrences of inappropriate behavior, family members and the educational staff must put effective interventions into place. These behavior procedures include the use of punishment and aversive consequences, and are sometimes put forth by professionals to change inappropriate behavior (Drew & Hardman, 2007). However, controversy exists over the social and ethical issues involved with the implementation of aversive procedures, especially when working with young children.