Student Disability Inclusion Decisions

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.

Every student has a right to receive a Free Appropriate Public Education (FAPE) in a least restricted environment (LRE). An education is a right not a privilege, with that in mind, a student with a disability should be given the opportunity to begin their educational journey in the general education classroom. What if the their journey can not be achieved in the general education setting? Administrators, teachers, and all Individual Education Plan (IEP) team members must give reason as to why the LRE will not be effective and constitutes the main subject of discussion in the IEP meeting.

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.

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.

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

Not to mention, that this has given many disabled individuals chance to a quality education. This case has made congress take a closer look at the individualize needs that is acquired for students by mandating the school to find a program that will help students individual needs in educational system. “Power imbalances between parents and school districts cannot be eliminated, but the mandatory provision of information will go a long way” (Kotler, p.553, 2014). This help secure a people with disabilities a chance for a better future in educational system.

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

“The IEP, Individualized Education Program, is a document that is developed for each public school child who is eligible for special education” The IEP describes how the student learns, how the student best demonstrates that learning and what teachers and service providers will do to help the student learn more effectively. When developing an IEP the team will consider how their students specific disability affects their learning and come up with goals and objectives that will accommodate those needs and place the student in the least restrictive environment to achieve the goals and

Some people may think that special education has been established since the beginning of public education. Others may consider a time when special education did not exist and students with disabilities were not able to attend school. The truth is, there was a time when this happened; these students were not allowed to be educated in the general education classroom alongside their peers. People with disabilities were treated differently, and some were forced into institutions because teachers and staff found them to be disturbances to their peers. Luckily, special education has come a long way since public education began. People, especially parents, advocated for their children, and today many laws are in place to ensure that all children

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

The mandate to provide a free and appropriate education for children regardless of disability and to provide that education in a regular classroom whenever possible, effectively striped educators of the authority to transfer or suspend any student classified as needing special education. This would not have been an issue if it only included the wheelchair bound or blind students who we typically think of as disabled. However, over the past few decades, the increasing number of children classified under the disability categories of Learning Disabled and Emotional Disturbance has shot up. Not so long ago, these children were called “unmanageable” or “antisocial.” Now, part of the definition of emotional disturbance is “an inability to build or maintain satisfactory interpersonal relationships with peers and teachers.” Often teachers and principals will refer children with an emotional disturbance to special education classrooms perhaps because they see the mandated state and federal money, at the very least, as a promise to help the neglected and damaged population of children beset with social and emotional problems. It could be that

In order for students with disabilities to be working towards the same standards as their classmates, they need to receive appropriate accommodations and modifications. To identify how a student will access

According to the analysis of court cases in Yell (1999), “courts have held that students with disabilities should be educated in regular education settings, but only when such settings are appropriate to the students’ educational and social needs,” which would align his analysis right alongside Principals Douglas, the school, and the school district’s reason for placing Bryan in a new placement. They would argue that Bryan’s new placement; although more restrictive in legal terms, was actually the least restrictive for him because it contain all the resources available to him that was not available at Maple Leaf Elementary (Head-Dylla, 2009). Further analysis by Yell (1999) also noted that “consideration of the needs of other students in the class” should also be another “criteria for determining the least restrictive environment for students with disabilities” and could have an effect in the court’s ruling. The school district’s attorney was also planning on referencing the Hartmann v. Loudoun County Board of Education as “a precedent for supporting the move,” which can also push the court to favor the school’s decision as

Task 5 Outline the role and purpose of IEPs, and the importance of the multidisciplinary team in devising Individual Educational Plans. The purpose of the general educator's role on the IEP team is to get accurate, reliable data on the student's behaviour and progress toward meeting her annual goals. The IEP creates an opportunity for teachers, parents, school administrators, related services personnel, and students (when appropriate) to work together to improve educational results for children with disabilities. An IEP should be a detailed plan of action, a tool for communication and collaboration, a record of progress and a framework for decision making.

“Listening to families is key in working with them as partners in supporting the learning and development of their child with special needs”. IDEA (2004) has mandated that individuals with disabilities be provided educational opportunities with non-disabled peers in the least restrictive environment. IDEA (2004) further notes that parental involvement is required as part of the decision making process. This has proven to be one of the most important elements to the educational program of students with disabilities. Prior to laws governing