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Education for children with disabilities
Education for children with disabilities
Education for children with disabilities
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In todays society the legal system has put various laws in place to protect the rights of students with disabilities. With changes, comes challenges. Although special education has come a long way and has made significant improvements, there have also been many difficulties. These challenges alone make an impact on the ability to successfully merge into better educational opportunities for students with disabilities. These challenges include increased isolation. Although public schools are required to provide students with a free and appropriate education, many do not provide students with a learning environment conducive for them to be successful at their individual level. Many are placed in isolation. This not only affects students, but the teachers and parents as well. Parents also have rights to protest decisions and be included during the decision making process. If a school or district does not follow these laws, they can face very serious consequences. In the cases of Honig vs. Doe and the educational system violated the Education Handicap Act by failing to provide the students a Free Appropriate Public Education. Honig vs Doe The laws for students with disabilities are put into place to ensure that students with disabilities are able to receive an appropriate education. When school districts do not enforce the laws parents and advocates have the right to seek help from the legal system regarding these matters. In the case of Honig vs Doe the parents felt that the school system violated the students rights to a free and appropriate education (FAPE) under the Education Handicap Act (EHA). Many questions arose as to the students conduct towards others being dangerous. The school district felt that the student conduct viola... ... middle of paper ... ...isruptive behavior in educational settings and were given consequences authorities felt were appropriate for their actions. Resources Chambers, C.(2008). Special education’s challenges. District Administration Magazine. Retrieved on January 15, 2014 from http://www.districtadministration.com/article/special-education’s-challenges Editorial Projects in Education. (2012). No child left behind. Education Week. Retrieved on January 18, 2014 from http://www.edweek.org/ew/issues/no-child-left-behind Special Education Advisor (2010). Brief history of special education legislation. Special Education Advisor. Retrieved on January 19 2014 from http:// www.specialeducationadvisor.com/special-education-laws/ The United States Supreme Court 484 U.S. 305 Retrieved from http://www.wrightslaw.com/caselaw/ussupct.honig.doe.htm
This case is significant because of the courts’ strict interpretation of the law. A summary reading of IDEA would lead many parents to believe that a school must accommodate each child who is disabled by all means necessary. However, alternative placements can also be considered free appropriate pubic education. The court stated that the Urbans never argued against the quality of education Gregory received at Golden High. This is significant because if quality had been considered then FAPE could have come into play. As it stands now the court’s ruling and interpretation of the law further defines
General education high school teacher, Michael Withers, failed to comply with his student’s Individual Education Plan (IEP). D.D. Doe’s IEP required tests to be read orally. Despite knowledge of this IEP and being instructed to follow the IEP by the superintendent, school principal, special education director, and special education teacher, Withers still refused to make the accommodations for D.D.’s handicapping condition. As a result, D.D. failed the history class. His parents filed charges against Withers, arguing that D.D was not afforded the right to a Free and Appropriate Public Education (FAPE) promised to all students by the Individuals with Disabilities Education Act (IDEA). They also filed a claim for injuctive relief against the Taylor County Board of Education to enforce the laws that protect handicapped students.
In the video presentation of How Difficult Can This Be? The F.A.T. City Workshop, Richard Lavoie is able to simulate several of the difficulties that a student with a learning disability has to face at school. Some of the difficulties experienced by the students are intrinsic to the disability itself, but many other difficulties are directly related with the emotions that the student experiences when attending a class, and as a result of his or her interactions with teachers and classmates. Both the United States law and the education system, have the opportunity to make a huge difference in the learning experience of every student with disability. Students with disabilities need to be guided to a path to education that is both feasible and accessible for them; with achievable goals, and by being provided what they need in order to succeed, and to be able to overcome any obstacles.
The proposed expulsions and suspensions from their disability behaviors deprived them of their right to a free and appropriate public education in accordance to the EHA. The Judge ordered the school district from making other disciplinary acts other than a two-to-five-day suspension against any disabled child for disability-related behaviors and ensured that the “stay-put” provision would be in place and no student would be removed. This went to the Ninth-Circuit appeal where the previous decision was affirmed and modified to allow up to a ten-day suspension.
Nappi court case went to trial in the district court. The court found that ruled in favor of the plaintiff, which was Kathy Stuart. The judge explained that expulsion would reject Stuart from a free and appropriate education guaranteed to special education students in the Individuals with Disabilities Act (IDEA). The expulsion of handicapped children not only jeopardizes their right to an free and appropriate education, but it is also inconsistent with the procedures established by the Handicapped Act for changing the placement of disruptive children. Leagle (1985). STUART v. NAPPI (610 F.Supp. 90). Retrieved from http://www.leagle.com/decision/1985700610FSupp90_1677/STUART%20BY%20AND%20THROUGH%20STUART%20v.%20NAPPI. The court said that expelling students with disabilities will limit their availability to an education in the least restrictive environment. However, the court did rule that school officials could substitute an expulsion with suspension when dealing with a student who met the criteria to be covered by the Individuals with Disabilities Act (IDEA). In fact, the court ruled that a school district could suspend a student from school for a maximum of only ten days. The court also determined that a school district could also hold a meeting to change the placement of the student if a more restrictive environment was needed. First, school authorities can take swift disciplinary measures, such as suspension, against disruptive handicapped children. Secondly, a (special education committee) can request a change in the placement of handicapped children who have demonstrated that their present placement is inappropriate by disrupting the education of other children. The Handicapped Act thereby affords schools with both short-term and long-term methods of dealing with handicapped children who are behavioral problems. Casetext (1978). STUART V. NAPPI, (D.CONN. 1978). Retrieved from
Discipline, the way to obey rules and codes of behavioral attitudes, using punishment to correct disobedience, an essential ingredient for “good” can be found within our childhood schools. At the start of Wes Moore’s school years, Wes Moore had problems with motivation to go to school and he would skip school with some of his classmates who skipped the same day. This lead to a lack
According to LD Online (2015), Public Law 94-142, also known as Education for all Handicapped Children Act (EHA), was passed in 1975. Since then, the law has taken on many changes in order to improve its effectiveness, and is now known as the Individuals with Disabilities Education Act of 2004 (IDEA 04). The original Public Law 94-142 guaranteed a free and appropriate public education to each child with a disability from the age 3 to 21 (LD Online, 2015). It is required to make efforts towards improving how children with disabilities are identified and educated, as well as provide evaluations for the success of those efforts. Furthermore, the law provided due process protections
The Gaskin Settlement Agreement is an agreement between a group of families and advocacy organizations who filed a class action lawsuit against the Pennsylvania Department of Education (PDE) on behalf of a group of children with disabilities in 1994. This agreement does not change a student’s placement, program, or IEP in any manner. Only the IEP team has the authority to make modifications that will impact a student’s IEP. The main goal of this settlement is to make sure that IEP teams will determine if the goals in a student’s IEP may be implemented in a general education setting with supplementary aids and services prior to considering an environment that is more restrictive in nature. The elements of this case were designed to help increase the capacity of school districts to provide related services, SDI that is appropriate, supplementary aids and services, and supports to students who have disabilities that are placed in general education classrooms. The PDE lists many important elements of the Settlement Agreement to be aware of...
The defendant Rachel Holland was at the time a nine-year old girl with an intellectual disability with an I.Q. of 44 and an academic functioning level of a four-year old child. Rachel was described as being well behaved and popular with her second grade classmates. She enjoyed school and was motivated to learn. The plaintiff Sacramento Unified School District proposed to educate Rachel half time in a special education class, and half-time placement in a regular classroom. Rachel’s core classes such as Reading and Math services would be rendered in a special education class and classes such as PE, Music, Lunch, and Recess would be rendered in a general education classroom. Rachel’s Individual Education Plan (IEP) stressed language and communication goals such as speaking in four or five word sentences, initiating and terminating conversations, verbally stating name, developing twenty-four word sight vocabulary, counting to twenty-five, and printing first and last
The education system is arguably the most beneficial system in the world; however, it also contains many controversial practices. Proper funding, discrimination, and curriculum are just some of the problems in today’s education system. Everyone has a different opinion about what is best for our children and it is impossible to please everyone. As long as the educational system is in tact, then there will be confusion and debate within the system and its’ administrators. The only thing that can be done is attempting to make it so that everyone will benefit equally, but this is much more difficult than one would assume. I will focus on the aspect of discrimination on minorities within special education and more specifically the following questions: Does the special education system discriminate against minorities? If so, how? What can be done, if anything, to correct or improve this system?
The main obstacle faced by students with disabilities in the attempt to achieve educational equality is the continuing debate over the In...
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).
Students with disabilities are far too frequently isolated and separated from 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 protect them from discrimination, giving them a chance for equal opportunity to learn what other students are expected to learn.... ... middle of paper ... ...
Writing this final essay for this course one is able to reflection on the knowledge one has gained since the beginning of the course. This course has been affective and the benefits are using the information immediately to correct mistakes and grow in the profession. After interviewing attorneys and director’s special in the education program the reality of how important following the regulations are important and must be followed. As a special educator one is more prepared and ready to provide a first rate education. Everyone who works with special needs students should be prepared and understand the law taking a class in Law and Litigation is recommended.
Education is a profession which requires a teacher to be able to communicate with a multitude of students on a variety of levels. There is not a class, or student for that matter, that is identical. Therefore, teachers must be able to identify and help educate students from all different types of backgrounds and at different levels. Teaching a singular subject presents difficulties, but teaching students with disabilities should not be one. There are three main teaching areas that need to be focused on when teaching a student with a learning disability. Teachers need to focus on the strategies that will assist students with reading comprehension skills, writing skills, and maintaining appropriate behaviors in a classroom setting.