Exceptional Learners

There are a number of landmark court cases of special education in the country that have become the basis of how we currently provide services to students with disabilities. Diana v. California State Board of Education (1970) and Larry P. v. Riles (1984) are two of these landmark court cases that highlight nondiscriminatory assessments. Below is the analysis of the two court cases in four major sections: The Legal Cases, Summary, Future Practice, and Comparison and Contrasts.

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

1940’s, 1950’s and 1960’s, there was change in society’s attitudes toward people with disabilities. In the 1940s, children with learning disabilities were shown to be different from children who were disabled by researchers such as Alfred Strauss. In the Brown vs. Board of education court case in 1954, led the way to a growing understanding that all people, regardless of race, gender, or disability, have a right to public education. In 1960s, Samuel Kirk began to use the term specific learning disabilities to differentiate students with learning disabilities from the much larger group of students who were low achievers or mentally disabled. In 1960s,

Before 1975, children with disabilities were traditionally denied their rights to education. In fact, some states had laws prohibiting children with intellectual disabilities from even going to a normal school. It wasn’t until 1975 that the Education for All Handicapped Children Act was enacted, allowing children with disabilities to go to a normal school. At this point, it turned out that children with disabilities had just as much potential as any other person.

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

There have also been landmark court cases like Brown v Board of Education and Pennsylvania Association for Retarded Children v. Pennsylvania (PARC) which as a result set the wheels in motion for special education reform. The Education for Handicapped Children Act of 1975 was amended and renamed the Individuals with Disabilities Education ACT (IDEA) in 1990, has had the greatest impact on special education in public schools. When the law was originally passed in 1975 it required all school districts that accepted federal funds to provide disabled students, ages 5-21, equal access to an education in the least restrictive (LRE) setting possible. Schools were to also disperse funds equally among all students and provide free of charge, the necessary

Today’s society is different in its thinking when dealing with people with disabilities. There had to be many changes made in its labeling, and approach when dealing with people who may have physical/mental differences. The ostracize behavior that people were known to disturb in society has changed a great deal, due to the many federal laws that have been put in place to insure the well-being of people that have disabilities. In 1972, one very well-known case is Mill vs Board of Education of the District of Columbia this case address how the constituted rights of students were not being meet by not providing them with a public education.” Many disabled children had been excluded from public education prior to 1975,24 Congress, through the Act, sought initially to set up a process by which states would find children in need of educational services and bring them into the system”(Kotler, p.491,2014).

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).

In 1975, Congress enacted the Individuals with Disabilities Education Act (IDEA) to ensure that children with disabilities will receive a free appropriate public education through their local school

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.

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

In 1975, congress passed the Education for All Handicapped Children Act. The EHA act required that individuals with physical and mental disabilities, be provided with equal access to public education. The schools are “required to determine the appropriate placement for each child and must develop an Individualized Educational Plan (IEP) that tailors the child's education to his individual needs. The child's parents are involved at all stages of the process” (United States Court Appeal). Before this Act, many handicapped children were left with one of two inappropriate approaches when it came to their educational needs. They were either excluded completely from having a public education or placed in general education classrooms with no assistance.

In August, the class for Exceptional Learners was starting at six-thirty on a Tuesday night. I thought that at the beginning of class we would learn about some disabilities and find ways to identify them to put them in the special education classroom. I also believed that we would find ways on how to teach to these students with certain disabilities. Some of my ideas of what the class was going to be like were true. Some I found were a little different. I did find that throughout the class how a student might qualify to have an IEP. I also was taught what might be included in an IEP depending on the student and what disability they have.

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

An exceptional student is any student who has abilities or issues so significant that they require a special type of education and/or services to reach their full potential. The use of labeling is extremely controversial. Some disadvantages to labeling exceptional students are that these labels are mistaken for explanations, they emphasize the most negative aspect of the student, these labels may be viewed as permanent, self- fulfilling prophecies and cause stigmas. Other drawbacks of labeling are that teachers may have preconceived ideas of the child’s capabilities based on the label and may not teach the child to their fullest capability. This can create ineffective schooling. Another drawback is the teacher may stereotype students and forget