Reflection Paper On Illegal Segregated Students With Disability

Everyone is going through a battle that we may not be able to see; however, “American society [is often] unaware or indifferent to the plight of people with disabilities” (Davis, 2013, p. 486). Ableism is one of the most ignored areas of social justice in America. Through my own experiences, I learned that the educational system in particular is not a very knowledgeable, or flexible environment in giving accommodations for students with disabilities. Those who are able-bodied, and do not have invisible disabilities, easily fit the paradigm of an able student in society, i.e., being able to walk to every building, climb stairs to get to class, complete assignments in the allotted time, etc. Our society has socially constructed disability

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 district argued that the Individuals with Disabilities Education act (IDEA) does not state that a district must exhaust all possible services before an alternative placement for a student (U.S. Department of Education, 2004). IDEA applies to Wally’s case in that this act discusses the issue of whether or not a student’s behavioral issues are related to their disability.

Williams is familiar with due to her experience teaching special education classes before becoming a principal. According to Mrs. William’s point of view, the Section 504 of the Rehabilitation Act is a way to formally document how the school meets the needs of students with a documented disability and provide protection to these students while they are in the public school system (Williams, personal communication, 2/3/17). One of the major premises of Section 504 is that it prohibits discrimination of any kind against a student of any disability. Students with disabilities cannot be excluded from participating or denied benefits or be discriminated against under any program receiving federal financial assistance (DOE, 2015). Students with disabilities such as hearing or vision impairment, learning disabilities, or emotional disabilities can receive teaching accommodations as well by using a 504 plan. This plan ensures that students with disabilities receive equal access to benefit from any needed educational aid, benefits or services. Students with disabilities are entitled to a free appropriate public education just the same as non-disabled students. They need to have the correct tools provided in order to access this education on the same level. These tools might include larger print books, enlargements of paper assignments, or even a personal monitor that is connected to the teacher’s workstation in order to better see the board work like the other students. Students with other disabilities are provided the resources they need to access their education as normally as possible. Additionally, students with behavior disabilities are given the protections they need to be able to have time to work on making improvements. For example, a student in 2nd grade that was recently placed on a 504 plan for an emotional disability which can manifest in violent, inappropriate behaviors has certain rights now. He has

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.

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).

Parent and student rights were not taken into consideration until mandates and other acts were put in effect to guarantee students were not discriminated and received free appropriate education (FAPE). The rights of students with disabilities changed how they treated in their classroom as the legal framework started to develop. In my interview with Ms. Pritchett, she indicated one of the major problem is laws pertaining to student and parental rights. She also said, “The State of Georgia create rules and regulation for special education which are written based on the federal mandates. It is a procedure for us to make available a copy of the parental and student rights, as well as review them orally if needed in a

Landmark civil rights cases clearly prove that segregation does not provide equal access to quality services. Historically, students with disabilities were segregated, or not allowed access to education at all, leading the passage of the Education of the Handicapped Act. Least restrictive environment (LRE) is the special education term which refers to the mandate; children with disabilities should be educated to the maximum extent appropriate with their peers who do not have disabilities. There is an inherent paradox with LRE, in that students have a right to be educated with their peers in the general classroom setting. However instances occur where the general education setting is not what is appropriate for the individual needs of the student.

The idea of children with disabilities, whether they be mild or severe has been a very controversial and misunderstood topic. In the past inclusion has brought about huge changes for not only the students, but also the parents and families of these children, and staff at schools. Teachers and education professionals were the first to really feel the wrath and intimidation of this dramatic shift in education. There were several different factors that were coming about that made it very difficult for schools and teachers, the unorganized mandates were strict and didn’t allow much time for change. “President Gerald Ford signed the Education for All Handicapped Children Act (EAHCA) into law in 1975. Since the original passage of the EAHCA, the law has been amended four times and renamed the Individuals with Disabilities Education Act (IDEA)” (Conroy, Yell, Katsiyannis, & Collins, 2010, para.1).

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

In reviewing the required videos and reading on low incidence, there were a large range of how it affected individuals are processed by individuals without disabilities, these videos demonstrates what it is like to try to be normal with a disability. The first video called, Autistic Basketball Player,” presented an enlighten outcome, that people should not assume that individual with disability are not able to contribute to a job or sport. Jason Mcelwain’s a young man with Autism that id given to chase an individual with a disability self-worth is just as valuable as the rest of the team when it come to sport. The second video called, “Breaking Barriers of Autism: The power of Kindness and friendship present how individuals with disabilities are able to leap bounties id one person will acknowledge them. In his lecture he was able to present insight on how lonely it is on another side of the disability spectrum.

Chapter 7 was enlightening and the chapter I was able to relate with the most thus far. For example, one part of the text stated that educators and families often set low expectations for students with disabilities. I can relate to this personally. When I was in the IDEA program, my classes were rarely challenging and my teachers generally set low expectations for my peers and me. I believe the reason for this was to not stress the students or push them past their limits. However, my best teachers were those who did push me to my limits, so I could set a new limit the following semester.