INTRODUCTION
This paper will discuss the historical evolution of special education laws and its impact on education. A child with disability may require some adjustments to his/her school curriculum in order to receive proper individual assistance that meets his/her needs to be successful at school. Federal and State laws drive special education laws and by law, public schools must provide a free education and viable environment.
“Throughout much of human history, individuals with disabilities have been treated with superstition and fear. Infanticide, shunning, attributions of witchcraft or divine punishment, and even awed respect have all been socially sanctioned” (Bartlett, Etscheidt,, & Weisenstein, 2006). Children with disability were excluded, segregated, and discriminated from our society and their families carried a heavy burden on their backs. “The philosophy of excluding students with disabilities from public school education can be traced back in legal history to 1893, when the Massachusetts Supreme Court upheld the expulsion of a student solely due to poor academic ability”, (Esteves, 2008; Smith, 2004; Yell, Rogers, & Rogers, 1998). A few years after that another example of discrimination happened when a child with cerebral palsy was deprived access to school due to his/her condition.
Discrimination and biases regarding to race, ethnicity, and social economic status also played a role in special education. According to Esteves (2008), the first significant
The special education programs in the United States have been designed to help children with special needs learn easier and fit in better with the education program. Unfortunately, many minority students get caught up in the mix and don’t get the proper attention they deserve. Furthermore, minority students are seriously over-represented in the educational programs. Many minority students are misdiagnosed and put into special education programs when in fact; they do not have a learning disability. This has become a growing problem in this country because it is seen as the easy way out. Schools all over the U.S. are doing this in order to not have to properly test and evaluate students for learning problems.
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
This week’s readings discussed consequences for special education students. It was very interesting to see the different court case rulings for each case. Teachers, administrators and parents need to make sure they have everything accurate when taking a case like many of these to court. In this paper I will discuss the five key points in the articles and readings stood out to me the most, how and if my beliefs changed or were altered, and how I might apply the content to the classroom and instruction.
Special education is a relatively new concept in education. The question is why? Although, the Federal Government required all children to attend school since 1918, this did not apply to students with disabilities. Many state laws gave school districts the ability to deny access to individuals they deem “uneducable.” The term “uneducable” varied from state to state, school to school, and even individual to individual. If students were accepted into the school, they were placed in regular classrooms with their peers with no support or in classrooms that were not appropriate to meet their needs. This started to change with the Civil Rights Movement in the 1950s and 1960s. The lawsuit Brown vs the Board of Education sued to end segregation of public schools laid the ground work for Individuals with Disabilities Act. The next major impact in education was the enactment of Elementary and Secondary Act signed into effect by President Lyndon Johnson in 1965. The purpose of this law was to provide fair and equal access to education for all, established higher standards, and mandated funds for professional development, resources for support education programs, and parent involvement. Under this law, programs like Head Start were created and celebrated their 50th anniversary this year. Despite additional federal funds and mandatory laws, children with disabilities were unserved or underserved by public school due to loop holes with in the law. Many more lawsuit followed Brown vs
Osborne, A. G., & Russo, C. J. (2007). Special Education and The Law: A Guide for Practitioners (2nd ed.). Thousand Oaks, CA: Corwin Press
The problem of disproportionate numbers of minority students in special education can be attributed to a report by Lloyd Dunn in 1968 (as cited in Skiba et al., 2008) even though discrimination was evident long before that in America. The phenomenon of disproportionality as it relates to students from minority backgrounds being placed in special education refers to the percentage of students receiving services being a higher rate than is expected or that differs significantly from other races. Skiba et al. (2008) discuss the history of various aspects of the civil rights movement as they pertain to the issue of disproportionality of students from minority backgrounds in special education, the measurement tools used to determine the need for special education, the current status of disproportionality, and what factors have contributed to the discrepancies in numbers. Finally, recommendations are offered by the authors on how the existence of disproportionality of students from a minority background can be rectified.
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.
Explain state and federal laws, rules, and regulations as they pertain to special education. (APTS 9.2)
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.
When discussed what, it means to be a discriminated or oppressed as an individual, especially a person with an intellectual disability, we must first look at the terminology and how it will be relatable for their circumstances. For discrimination, it is described as people or groups of people, which include race, class, gender, age, sexual orientation, who are and continued to be defined as “other,” when they are perceived through “dominant” group values. These groups are treated in exclusionary ways, and subjected to all kinds of social injustice and economic inequality, (Anderson & Collins, 2013). In other words, persons with intellectual disabilities tend to be treated less favorable, or not given
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
Special Education is a topic of controversy with many advocates fighting for the justice children and adults with special needs so rightfully deserve. With laws being passed and modified so frequently, it is important that the educators being brought into the world have an extensive knowledge of the developmental needs of many different types of children. With this knowledge and their constant measures to keep up to date with the fast-moving world of education, they will be able to deliver an appropriate atmosphere that is in accordance with the law that ensures ethical practices and guidelines are always being followed.
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