Disabilities In Special Education

The two important court rulings were the Pennsylvania Association for Retarded Children v. The Commonwealth of Pennsylvania in 1971 and Mills vs. The Board of Education of the District of Columbia in 1972 (ERIC Clearinghouse, 1998). These court decisions showed that “the responsibility of States and local school districts to educate individuals with disabilities is derived from the equal protection law of the Fourteenth Amendment of the United States Constitution.”(ERIC Clearinghouse, 1998, n.p.)

Throughout the ages, people with disabilities have been hidden away at homes or institutions and were often not educated. This was common practice and as such, when the education system was designed, children with disabilities were not even considered. Then, starting soon after the civil rights movement in the 50’s, a series of lawsuits was brought against school boards and the federal government took notice. Then the Education for all Handicapped Children Act of 1975 was passed and these children were finally allowed the education they deserved. As time went

The right of entry to education resources is more than uncomplicated admission to a college. The right to use means to provide students with the devices they will need to be victorious in higher learning. Students with a recognized disability ought to be no omission. In reality, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, “ensure that all qualified persons have equal access to education regardless of the presence of any disability.” Objective replacement, class waivers, and revision of classroom management, testing and course necessities are all illustrations of behavior to supply access for the learner with a disability. A break down to the creation of such practical adjustments can place schools in breach of federal and state statutes, ensuing expensive fines.

The first key principle of the Individuals with Disabilities Education Act is that any student regardless of their disability is entitled to a free and appropriate public education. The term zero reject is commonly used to summarize this principle. An important component of zero reject is for school administrators to understand that the state is responsible for locating, identifying, and providing for students with disabilities from birth through age twenty-one. School officials play an important role in carrying out the state responsibility under the zero reject principle. This principle both implies and specifies the concept that no matter how severe the disability may seem, all children can learn, benefit from, and are entitled to a free and appropriate public education.

When children with disabilities were denied access from the public school system, they were taught separately from the general population and were placed in isolated special education

In 2004 the case of Deal v. Hamilton County Board of Education was coming to a close after reaching the United States Court of Appeals for the Sixth Circuit in Ohio. Within this essay, detailed examination of this case, along with issues that developed the case, disagreement points, parties involved, and final outcome will be explored. This case was initiated in 1999 and reached the U.S. Court of Appeals for the Sixth Circuit in 2004. The Individuals with Disabilities Act has given parents and caregivers to student’s unparalleled

In the early 1970’s parents of students with disabilities went to federal court when their local school districts did not provide services to meet their children’s educational needs. In Pennsylvania Association for Retarded Citizens (PARC) v. Commonwealth of Pennsylvania (1971), a Pennsylvania court ruled that all children, regardless of disability, have a basic right to an education under the Fourteenth Amendment. In Mills v. Board of Education of the District of Columbia (1972), a federal court ruled that the District of Columbia schools could not exclude children with disabilities from the public schools. Cases like this focused public attention on the issue of educating children with disabilities. The social and political pressure then resulted in landmark federal legislation to address the educational rights of these children.

Throughout history there have been many educational mandates and laws in which have provided more opportunities for equal educational access. Section 504, the first Civil Rights Law for protection of students with disabilities was signed into law in 1973. This paved the way to many rights for students with disabilities to have a Free, Appropriate, Public, Education. This law in essence means, no program, that receives federal funds, can discriminate based upon their disability in which substantially limits one more more major life functions. Throughout this paper I will be reviewing the historical perspective on Section 504, the federal and state mandates, legal cases pertaining to Section 504, current issues, and applying the information to my current districts implementation of 504 plans.

Until that time, many states had laws that excluded children with certain types of disabilities from attending public school. These included children who were blind, deaf and children labeled "emotionally disturbed" or "mentally retarded." Many of these children lived at state institutions where they received limited or no educational services. Having a disability does not automatically qualify a student for special education services under the IDEA. The disability must result in the student needing additional or different services to participate in school. For example, a child who is diagnosed autistic. Children with disabilities who qualify for special education are also automatically protected by Section 504 of the Rehabilitation Act of 1973 and under the Americans with Disabilities Act (ADA).

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.

“I would just like to call to the Court’s attention what the realities of that situation are, and I think I can speak with some authority because for the last nine years, my fifteen-year-old- daughter has been denied access to public education…” were the words of Leonard Kalish, a father from the Pennsylvania Association for Retarded Children (PARC) v. Commonwealth of Pennsylvania (1972), speaking about his daughter not being able to attain a public education (Kemerer and Sansom, 2005). He continues by stating, “…and as a result of which we have had her in private schools…we have spent approximately forty thousand dollars…” (p. 293). Like Mr. Kalish, many parents have gone in front of the courts to fight for their child’s right to a Free and Appropriate Public Education (FAPE) and receive financial compensation, like the parents of Jeremy Wartenberg, from Wartenberg v. Capistrano Unified School District (1995) (West Law, 1995). However, before discussing the Wartenberg’s case, it is key to look back on special education and how it has evolved over time.

(USA Today, 2015) There are many different essential points, in the article named, “The History of Special Education Law” by Pete Wright, esq. In reading this article, there are several landmark court cases that were implemented for all disable students. There are three main landmark court cases that affected the outcome of special education students. The Supreme Court Brown v. Board of education (1954), established rights for African-American students have equal educational opportunities rights not to have segregated school in the public educational school system. In addition, the Pennsylvania Assn. For Retarded Children v. Common wealth of Pennsylvania(PARC) and Mills v. Board of Education of District of Columbia presented separation of students and parental participation of parents' involvement of discipline of students in the school system. Equally important are the laws that were established to enforced standard of court cases such as: “The Public Law 94-142: and The Education for All Handicapped Children Act of 1975”, which constituted to

Before the 1960s, education for handicapped children was provided through private schools and private tutoring. Children with disabilities that prevented them from walking, developmental disabilities, and genetic conditions such as Down syndrome were often ignored, institutionalized, or kept at home. In 1966, Congress established the Bureau of the Handicapped as part of the Elementary and Secondary Schools Act, which began the pursuit of Free Appropriate Public Education. Many states started to educate children in wheelchairs and provided aids and speech therapy. As our knowledge about disabilities improved, so did our laws. The Education for all Handicapped Children Act was signed into law by President Ford on December 2, 1975. This law mandated

For most of our nation's history, children with special needs or disabilities were shunted aside. In spite of mandated education laws that had been in place since 1918, many students were denied education and

This study intends to explore on the services offered to students with disabilities, and the outcomes of these services to their education and career goals. It will examine if the obstacles faced by special needs children have to do with how effective the policies are in addressing the needs of such children. This study is important to children with disabilities because it can help them discover the education opportunities available for them, the institutions they can rely on for economic support, and the treatment they should expect from the society.