Eligibility Vs Entitlement

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.

All children with disabilities are entitled free public education not matter how severe the disability is. Specially designed instructions, related services, and supplementary aids and services have to be provided. An IEP has to be developed and implemented to meet the needs of the child with a disability. It is the public school and local school board in charge

The Individuals with Disabilities Education Improvement Act of 2004 (IDEIA) mandates that “to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled”, and stipulates that “special classes, separate schools, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily” (IDEIA, P.L. 108-446 [Sec. 612 (a)(5)(A)], 2004). Likewise, the No Child Left

Before there was the 504 Plan and the Individuals with Disabilities Education Act, children with disabilities were denied the right to have an education. When the education for all handicapped children act (EHA) was passed, all schools receiving federal funding were required to provide handicapped children with equal access to education. In 1990, when the EHA was reauthorized, it was renamed the Individuals with Disabilities Education Act.

§1401. This act was for all children of ages 3-21. Before schools could get funding, they were required to abide by the Act and regulations pursuant thereto. Section 504 states no handicapped persons in the U.S. should be excluded, due to their handicap ability, of the benefits of or be subjected of discrimination under any program receiving federal financial assistance. Section 504 does pertain to equal educational opportunities for children. There are 5 mandates that pertain to the educational needs of children with disabilities. These 5 mandates are (1) location and notification, (2) free appropriate public education, (3) evaluation and placement, (4) educational setting and lastly (5) procedural safeguards. These mandates have been a successful part in obtaining school programs and services for disabled students. These mandates also help students who do not meet the eligibility of the Individuals with Disabilities Education Act

The case of Brown v. Board of Education (1954), found that education was an important function. The courts viewed education as playing an important role in the future of the United States and since states chose to provide it, education then is a right that must be available to all on equal terms ( (Murdick, Gartin, & Fowler, 2014). The question of equal terms has been an uphill battle for families that have children with disabilities. There were many acts that addressed educational issues of children with disabilities. The elementary and Secondary Act of 1965 was created to improve education for children that were disadvantaged and it expanded funding. 1974 Education of the Handicapped

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 first two laws that dealt with this issue were the Rehabilitation Act of 1973 and the Education for All Handicapped Children Act of 1975. These laws provided federal funds and established regulations to protect equal access to a free, appropriate public education (FAPE) for students with disabilities. Over time, these laws have been amended and federal financial incentives have been tied to state compliance. Congress and the courts have clarified and reauthorized these laws along with passing additional legislation guaranteeing equal access and opportunities.

Congress intended that no child in need of special education will be excluded from receiving services - even those children with the most severe disabilities. Prior to IDEA, many parents remember being told by school administrators, "We are sorry, we just don't have a program for her. She is too severely disabled." The parents had no recourse. Now, all children with disabilities between the ages of three and 21 are entitled to educational services. Most states provide early intervention services to children between birth and three. (Parent Educational Advocacy Training Center, 2017)

Education for All Handicapped Children Act 1975- This act requires public schools to make available to all eligible children with disabilities a free appropriate public education in the least restrictive environment appropriate to their individual needs. This act required public school systems to create Individualized Education Programs (IEP's) for each child. The specific curriculum and services identified in each IEP should reflect the individualized needs of the

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).

Entitlement to services is the right to access or use a service. Different people are entitled to different things from different services. For example, being entitled to 15 hours of free child care per week if your child is 0-4 years old. Entitlement to services protects us form being discriminated against by making sure everyone has the right to use the services they need to and makes it unlawful for people to be denied these rights. If people are discriminated against then entitlement to services will make sure that the service user can take legal action against the service/people/person that has denied them their rights. This promotes anti-discriminatory practice in health and social care. For example, to be entitled to receive a service in a residential care home you would have to be over the age of 65.

America was founded on several principles to include, that all men are created equal. However, throughout history, it has been made clear through the various social classes that this is not the case within the realm of monetary value. It is for reasons such as this that the entitlement programs were born. Entitlement programs were created to provide security and assistance to those in need. They would allocate basic necessities for eligible persons and families to live comfortably until they are no longer necessary. Though a great deal of people across the country have benefited from these programs, it has come at a high cost to the government and the taxpayers. Because of the apparent success and high expenses, there are a number of arguments both for and against entitlement programs. This includes the extent of their benefits and costs, the amount spent to fuel them, and even their entire existence. On one hand, they have proven value by significantly reducing the national poverty level and other similar successes; on the other, they cost the country millions and have been adding to the ever increasing national deficit. Another common school of thought, is that an increasing number of individuals or families have become completely dependent on them as they create an avenue to stability at no cost to them. The overwhelming and unnecessary volume of goods and services—including medicaid, unemployment compensation, and food stamps— that entitlement programs supply to many

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.

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