Exceptional Children: Children with Physical Disabilities or Sensory Impairments

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.

While all children can be referred for evaluation for special education, not all are found to be eligible. The student will be tested in all areas related to the child’s assumed disability by the multidisciplinary educational team. In order to be eligible for special education services, the child’s assume disability has to impact the child’s ability to learn. Parents represent the child’s interests. They need to stay informed and involved in their child’s education. IDEA of 2004 strengthened the role, as well as the responsibility, of parents and ensures that they and their families have opportunities to participate in their child’s education. IDEA also protects the rights of parents by ensuring that they can be members of the IEP teams. Parents can be involved in the evaluations and placements of their children and have a say in what happens.

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?"

The very first to court verdict that advised there was a boundary to the resources that exceptional children can anticipate but they suggested that children with disabilities deserve more than an optimum education. Zirkel (2008) further argued that the court decision such case interpret the meaning of FAPE. He mentioned the initial purpose of the act was to give accessibility to public school and special education specifically, the connotation of FAPE was mainly technical (Zirkel, 2008). The court, however, further held that the substantive standard was that the IEP be fairly calculated to allow the child to obtain educational benefits (Zirkel, 2008); in reaching this substantive standard, the court overruled the higher standards of equal opportunity, self-sufficiency, and maximization. Furthermore, most of the lower courts were instructed to apply this standard with regard to school

IDEA 2004 defines FAPE as services that are provided at public expense, that the education meet educational standards, is appropriate for the child and conforms with the IEP (Murdick, 2014). In several cases judges have ruled on the bases of free and appropriate public education for all children. In Timothy(v) Rochester N.H. School District (1989) the judged ruled in favor of Timothy, as he stressed IDEA empathized “all handicapped”. In the Hendrick Hudson Central School District (v) Rowley the judged ruled in favor of an appropriate

Both children with and without exceptionalities learn with and from each other. Also, since both children with and without exceptionalities are expected to learn to write, read, and do math; higher expectations can be set and with good instruction children with exceptionalities can excel in these academic skills.

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.

For students with documented special needs, the school makes additional accommodation. The Individuals with Disabilities Education Act (IDEA) is "designed to protect the rights of students with disabilities by ensuring that everyone receives a free appropriate public education (FAPE), regardless of ability" (IDEA, 2012, Kid's Health). IDEA mandates that students are educated in the least restrictive environment possible. It also recognizes that every child is different, and giving each child the same education does not mean that every child will receive the same quality of 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

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.

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

…“Children with disabilities should be educated in the most open and normal environment possible (the least restrictive environment); when needed, evaluations, diagnose, and treatments should be done without stigmatization and discrimination.”… (Pg. 176)

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….

There are millions of children that are passing through the United States school system every day, not all children possess the same traits, and not all children can learn at the same rate, and do not perform at the same ability. The fact that all children learn differently and some have difficulties learning in general classrooms, special education was put into place to try and take care of these issues. Special education programs were put into place to help all students with disabilities. These children range from general disabilities to more complex and severe disabilities. There has been a revolution occurring in the past several years with education systems, and special education. There have now been several laws that have been

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