The Americans With Disabilities Act ( Ada )

Sumter County School District 17 is a public school district in South Carolina. T.H. is a student who qualifies for services under the Individuals with Disabilities Education Act. Sumter County School is appealing the decision of the lower district court, who found that the school district did not provide TH with a Free Appropriate Public Education. The school is also appealing the district court’s findings, which verified that T.H’.s current placement at home was appropriate. The school argues that the home placement of T.H. was not the Least Restrictive Environment. The school district’s appeal further contends that they at least in part provided a FAPE for T.H. because he was making some educational gains during the time in question even though the school was not providing the amount of service indicated in T.H.’s Individualized Education Plan. The school also asserts that they remedied internal problems and were able to provide the full range of time and services require through T.H.’s IEP.

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.

Students at my case study school who have 504 Plan accommodations and modifications remain with their peers in a basic education classroom throughout the day and are provided with equal and equitable access to their coursework. Their teachers are certified in the area of educating students with 504 plans and provide students with the accommodations and modifications they need to find success in their classes.

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

According to the Individuals with Disabilities Education Act (IDEA) an Individualized Education Program (IEP), address the following 7 steps about the student. The first step begins with a statement of the student’s present level of academic achievement and functional performance (PLAAFP). This is a summary of the student's present levels of academic achievement and functional performance, including (a) how the disability affects the student's involvement and progress in the general education curriculum; and (b) for students who

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.

Section 504 is a part of the Rehabilitation Act of 1973 that outlaws discrimination based upon disability. It is an anti-discrimination, civil rights statute that requires the needs of students with disabilities to be met as adequately as the needs of the non-disabled are met. Section 504 ensures that the child with a disability has equal access to an education. Section 504 does not require a public school to provide an individualized educational program (IEP) that is designed to meet a child's unique needs

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.

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.

The first key principle of the Individuals with Disabilities Education Act is that any student regardless of their disability is entitled to a free and appropriate public education. The term zero reject is commonly used to summarize this principle. An important component of zero reject is for school administrators to understand that the state is responsible for locating, identifying, and providing for students with disabilities from birth through age twenty-one. School officials play an important role in carrying out the state responsibility under the zero reject principle. This principle both implies and specifies the concept that no matter how severe the disability may seem, all children can learn, benefit from, and are entitled to a free and appropriate public education.

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.

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

According to Pyle and Wexler (2012), students with disabilities are disproportionally represented in high school graduation rates. Millions of students with individual education plans (IEPs) lack a high school diploma which then in turn affects their ability to secure

As in any situation with any student that is special or gifted or that IDEA, IEP, and 504 Plans, have to be the first and foremost concern for all parties involved. “Education For All Handicapped Children Act Passed in 1975 Guaranteed and enforced the right of all children with disabilities to receive free and appropriate education Considered the foundation of special education in the United States; 1990- Law renamed to IDEA. What is an IEP? Individualized Education Plan Written plan that describes the program and special services a student requires to be successful Developed by parents and educators Individualized- plan specifically developed for a child’s special needs

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