Section 504 of the Rehabilitation Act of 1973
Melyssa Andrews
Texas Woman’s University
Section 504 of the Rehabilitation Act of 1973
People with disabilities in the United States have a right to receive an unbiased education that is as similar to the education children without disabilities receive. Some children with disabilities need extra care and specific curriculum to reach developmental milestones and enhance their knowledge. All children need access to education that is geared toward their specific needs and abilities to attain these milestones. This means that regulations are a necessity to insure children with disabilities have equal accessibility to education and other services that will help perpetuate continual growth in their quality of life. According to Koster (2010), when students with disabilities are separated from the general school population via ‘special education classes’, their social interaction with peers is limited or non-existent. This directly impacts the child’s social development and leads to the possibility of these children not developing age-appropriate social skills, which can lead to a negative self-concept (2010). It is important to understand that inclusion of students with disabilities does not guarantee that they will develop appropriate social skills. It allows the opportunity and the exposure, which may help children feel more socially intelligent and confident. A study directed by Ramakrishnarao (2013), the general population of elementary teachers thought of inclusion of children with disabilities in the education system as a positive aspect to a child’s life. There are many reasons as to why inclusion is so important in the lives of children with disabilities. Equal ...
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...with special needs in regular primary education in the Netherlands. International Journal of Disability, Development & Education, 57(1), 59-75. doi:10.1080/10349120903537905.
Ramakrishnarao, K. (2013). Elementary school teachers’ attitude towards inclusive education. Indian Streams Research Journal, 3(4), 1-6.
Rehabilitation Act of 1973, U.S.C § 504 (2008). http://section508.gov/sites/default/files/documents/Section504.pdf.
Taylor, K. R. (2011). Inclusion and the law. Education Digest, 76(9), 48-51.
Weber, M. C. (2010). A new look at Section 504 and the ADA in special education cases. Texas Journal on Civil Liberties & Civil Rights, 16(1), 1-27.
Zirkel, P. A. (2009). What does the law say?. Teaching Exceptional Children, 41(4), 68-71.
Zirkel, P. A. (2012). The public schools’ obligation for impartial hearings under Section 504. Widener Law Journal, 22(1), 135-181.
Hehir, T. (2009). New directions in special education: Eliminating ableism in policy and practice. Cambridge, MA: Harvard Education Press.
...bilities. It is intended that these two laws aid in the prevention of discrimination of humans with disabilities. Section 504 applies to any entity that receives federal funds and the ADA applies to every entity except for private clubs and churches; therefore, we will always be surrounded by these legislative decisions. In the world of education, it may be the key factor that directs a child onto the correct path for a decent life.
She is able to receive assistance from a speech- pathologist for her language twice a week because of free appropriate public education (FAPE). A recommended practice that is trending now is to place students in their least restricted environment, where they can learn the most. In order for her to still receive her assistance and be in her least restricted environment, she is placed in a growing trend of inclusion classrooms. This trend is influencing special education and education in general because it is the view that everyone needs to be able to accept the student with a disability equally as anyone else. Although, the book discuss different views of inclusion in the classroom, inclusion classes are considered to be possible and necessary for twenty-first- century education that we are facing now. This is why Elizabeth spends the majority of her school day in a general education classroom instead of spending all her time in a special education classroom. It is also important to note that Elizabeth’s teachers have to collaborate together to support her because educators are now being expected to use evidence- based practices that work in the classroom. The practices that are used for Elizabeth are recommended practices in the special education and schools. It was shown that the practices being used for Elizabeth are effective because the teacher stated that she saw improvements in both her social and academic growth. The different aspects of Elizabeth’s program provides examples of the different aspects of special education including the programs or services that are available, what trends are happening
Federal and state laws, as well as mandates, now require schools to educate all children with disabilities in the least restrictive environment, to the maximum extent possible. The least restrictive environment is considered to be the general or the “regular” education classroom. The preferred language of today is the term “general education classroom”, because using the word “regular” implies that special education rooms would then be considered ‘irregular”. Schools are also bound by law to provide “a full continuum of services” which simply means they need to be able to provide all placement options, from the least restrictive to the most restrictive environment, such as an institution. Each special needs student also has an individualized education plan to meet their unique needs.
Peterson, J. Michael and Hittie, Marie Michael. Inclusive Teaching : Creating Effective Schools for All Learners. Pearson Publishing. (2003)
“The 1% of US students with labels of severe disabilities including mental retardation have been historically excluded from ‘inclusive’ education” (Bentley, 2008, p. 543). Laws such as PL 94-142 and “No Child Left Behind” (as cited in Bentley), say that ‘public school students with all types of disabilities be educated in the least restrictive environment—‘to the maximum extent possible…with children who do not have disabilities’ the majority of these students with special education labels, such as, mental retardation and multiple disabilities are still isolated in special education classrooms (Bentley, 2008, p. 545). Wehmeyer (as cited in Bentley), points out that mere access does not promote authentic participation (Bentley, 2008, p. 546). Burkowski et al (as cited in Webster and Cater), “Friendship has been defined as a bond between two individuals that is stable across time and involves mutual affection, mutual preference and having fun together” (Webster and Carter, 2007, p. 201). It is up to parents, teachers and other paraprofessionals to seek ways to facilitate and encourage the types of positive interactions that will foster these types of friendships. If done successfully all students will benefit and there will be true inclusion.
De Boer, A., Pijl, S.J. Minnaert, A. (2010). Attitudes of parents towards inclusive education: A
The inclusion movement started when the Education for All Handicapped Children Act was passed in 1975. The act guaranteed all children, regardless of disability, the right to a “free and appropriate public education” in the “least restrictive environment,” making inclusion a civil rights issue. In 1990 it was replaced with the Individuals with Disabilities Education Act (IDEA). According to NICHCY, “IDEA defines a ‘child with a disability’ as a ‘child... with an intellectual disability, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance..., orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; AND, who... [because of the condition] needs special education and related services.’” (2011) According to Western Canadian Research Centre on Inclusive Research inclusion is based o...
The implementation of policy and legislation related to inclusive education, thus being a focus on the diversity and difference in our society (Ashman & Elkins, 2009), would have vast implications on the way society views that which is different to the accepted “norm”.
Glazzard J, Hughes A, Netherwood A, Neve A, Stoke J. (2010). Teaching Primary Special Educational Needs. British library: Learning Matters. p7.
Ysseldyke, J. and Algozzine, B. Special Education: A Practical Approach for Teachers. 3rd.ed. Boston: Houghton Mifflin Co., 1995.
United Nations Educational, Scientific, and Cultural Organisation. (1994). The Salamanca Statement and Framework for Action on Special Needs Education. Retrieved from http://www.unesco.org/education/pdf/SALAMA_E.PDF
To me, equality of opportunity in public education is where every single person deserves and is entitled to an equal chance to obtain a good education, grow and make positive progress throughout their time in school, and be successful in reaching their full potential later in life. These people should be treated identically, not differently due to their gender, ethnicity, or socioeconomic status.
To begin with, full inclusion in the education system for people with disabilities should be the first of many steps that are needed to correct the social injustices that people with disabilities currently face. Students with disabilities are far too frequently isolated and separated in the education system (Johnson). They are often provided a diluted, inferior education and denied meaningful opportunities to learn. There are many education rights for children with disabilities to p...
The right to have access to education is a concern for people with disabilities. They were treated poorly and often desegregated from society. The response to the concerns of parents and educators over the exclusion of children with disabilities created the Individuals with Disabilities Education Act. The public law “guaranteed a free, appropriate public education to each child with a disability in every state and locality across the country”. In the 1970's children with disabilities entered schools and over the years, the number of students in special education has grown dramatically, from 4.3 million students in 1990 to 6.9 million students in 2003 (The Council of Chief State School Officers , 2007).