Special Education Law Analysis

As ADA does not have a responsibility for providing FAPE, only Section 504 and IDEA will be compared. Though both Section 504 and IDEA guarantee FAPE to students with disabilities, what qualifies an individual and what services are available to a student differ. Within the general education population, there are students with disabilities that do not have a significant impact on their education. These children need minor changes to their educational programs which can be reasonably implemented in the general education setting with general education support. Other students with more severe disabilities require more extensive services that cannot be reasonably implemented in general education. Assessment of the student’s needs will determine whether they qualify and are eligible for services under Section 504 or under IDEA.

The Individualized Education Program (IEP) is a legal document used by schools in order to map out a plan of action for those that are in need of special education. An IEP is created for students who have been classified with a disability and are between the ages of 3 and 21. An Individualized Education Program (IEP) is a written statement of the educational program designed to meet a child’s individual educational needs. Every child who receives special education services must have an IEP. An individualized education program has the goal of setting reasonable improvement

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 right of entry to education resources is more than uncomplicated admission to a college. The right to use means to provide students with the devices they will need to be victorious in higher learning. Students with a recognized disability ought to be no omission. In reality, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, “ensure that all qualified persons have equal access to education regardless of the presence of any disability.” Objective replacement, class waivers, and revision of classroom management, testing and course necessities are all illustrations of behavior to supply access for the learner with a disability. A break down to the creation of such practical adjustments can place schools in breach of federal and state statutes, ensuing expensive fines.

IEP stands for an Individualized Education Program, it is a document, that was developed in conjunction with the parent/guardian, is an individually tailored statement describing an educational plan for each learner with exceptionalities There are five major points that are to address the present level of academic functioning personnel as present level of performance, annual goals and accompanying instructional objectives, educational services to be proved, the degree to which the pupil will be able to participate in general education programs, and plans for initiating services and length of services and length

The ultimate goal of IDEA and Section 504 is to make sure that all students in special education programs receive a free and appropriate public education. A Free Appropriate Public Education (FAPE) means that a disabled child's education meets the standards of a state educational agency. It also means that the disabled child's individual needs are assessed and that he/she is provided with appropriate materials and resources in order to be successful in a mainstream classroom, at no cost to the parents or the student. FAPE goes beyond just ensuring high expectations in the classroom for children with disabilities; it is based on a child's individual needs. It is important that a child's abilities, as well as disabilities are assessed in order to determine exactly what is appropriate or inappropriate in terms of a student's goals, objectives, learning styles, environment, and placement.

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

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.

The Individuals with Disabilities Education Act (IDEA) is a federal law that guarantees educational services to eligible students with disabilities. It establishes “people first” language for referring to people with disabilities. IDEA requires states to educate students with disabilities for transition to employment, and to provide transition services. IDEA also provides the students with a free and appropriate education If a student with a disability is expelled from school, IDEA says that he or she must still receive educational services. The Individuals with Disabilities Education Act mandates that all students with disabilities take state and district testing. This law also requires a general education teacher to be a member of the Individualized Educational Plan (IEP) team.

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

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.

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

The most important section in the Individuals with Disabilities Act (IDEA) is section 1400, which describes the findings and purpose of the law. Even though the purpose of the law is to provide services and protect their rights, this law does not automatically guarantee all children with a disability eligibility for services under the law. There is more than one legal definition and they can still be very vague and confusing. To be eligible a child must have a disability that affects educational performance and needs special education and related services. The child must meet both criteria to be eligible for a free appropriate public education. Free Appropriate Public Education (FAPE) means special education and related services that are provided at public expense, meet the state standards, are appropriate, and are provided in conformity with an Individualized Education Plan (IEP). However, the term “appropriate” education, does not mean the best education, nor an education that maximizes the child’s full potential. It can also differ from one child to the next, because what

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

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