Legal Framework Differences : Regular And Special Students Essay

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

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.

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).

In 1991 the Public Law 94-142, the Education for All Handicapped Children Act was replaced by the Individuals with Disabilities Education Act. This law was passed to provide free and appropriate public education to every child with a disability. It requires that each child with a disability “have access to the program best suited to that child’s special needs which is as close as possible to a normal child’s educational program” (Martin, 1978). The Individualized education program (IEP) was developed to help provide a written record of students’ needs and procedures for each child that receives special education services. The IEP will list all the services to be provided, the student's performance level, academic performance, and

Prior to 1975, no federal requirements existed for students with disabilities to attend school, or requirements for schools to attempt to teach students with disabilities (Salvia, Yesseldyke, & Bolt, 2013, p. 25). However, upon the enactment of several federal laws, such as Individuals with Disabilities Education Act (IDEA) and No Child Left Behind (NCLB), student with disabilities received access to free, appropriate public education which in turned required students with disabilities to participate in statewide assessments. According to Public Law 94-142 (now included in IDEA), it requires an individual education program (IEP) for students with disabilities. As part of the IEP, it contains items such as present levels of academic achievement and functional performance, measurable annual goals, criteria of progress, special education and related services as well as documenting any necessary accommodations needed for statewide assessments. The author provides a comparison of statewide assessments including items such as participation, accommodations and types of assessments between the states of Texas and Massachusetts.

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

All qualified students with disabilities living inside of the school district area are entitled to a “free and appropriate education”. To be appropriate the educational program must be designed to meet the individual needs of the student, as outlined in their IEP, to the same

“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.

There have been several reforms in the past 100 years that have had an influential effect on policy in special education. Some of these changes have left a positive legacy for future education legislators to build from while others have been detrimental to a student’s educational success. All having positive and negative outcomes, some of these changes impacting education include the National Institute of Child and Human Development, Education for All Handicapped Children Act, No Child Left Behind Act, and Individuals with Disabilities Act. The reforms listed above will be discussed

Funding for special education students is, and historically, has always been, a complicated issue. Most people believe the federal government funds special education in the United States. “Understanding Special Education Funding” (2009), states that, on average, most states estimate that the federal government provides less than 15% of the money needed to fund special education services. This, in turn, leaves local school systems responsible for funding the remaining portion of special education services. This paper examines the history of special education laws and funding, the wide variance of funding that exists from state to state, and the problems created by a lack of funding.

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

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

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

According to the Individuals with Disabilities Education Act, students with disabilities should be placed in a “least restrictive environment.” One of the main ideas of this act was to improve the learning experiences of students with disabilities by giving them learning opportunities outside of a special education classroom. The number of students with disabilities being placed in their general education classrooms is increasing more and more each year. The U.S Department of Education’s 27th annual report to Congress on the implementation of The Individuals with Disabilities Education Act (2005) indicates that the number of students with disabilities in general education classrooms has risen to almost 50 percent. This is about a 17 percent increase from the 1997 U.S

The Justice Department in 2016 informed State of Georgia are alleging of mistreated and segregated students with disabilities in the Georgia Network and Educational and Therapeutic Support program, which violated the Americans Disabilities Act (ADA). These students were housed in a tumbledown building that were once occupied as an all black school during the Jim Crow age (Judd, 2015). The Department of justice found that students were placed in building that are far from their normal peers, which prevent interaction between them. Judd (2015) found about 5000 students from various age group were place in a separate program from their non-disable peers. According to the Justice Department in 2016, segregating disable students prevent meaningful and therapeutic interaction with other peers. According to some parents and students whom were interviewed said the GNETS is in comparison to prison due to they were denies interaction with non-disable students and often felt confine. In order to address the illegal finding in segregation, the district of Georgia need to mandate laws that all children, including those with behavioral disabilities, must have equal opportunities in education, programs, support, and services, so these students can enjoy great therapeutic and integration with their peers (the Justice Department).