The first argument that can be made is that the ADA has not accomplished its goal to give employment to individuals with disabilities. Since the the employment rates of individuals with a disability has declined since the act was signed (Kruse and Schur 31).
November 29, 1975, Congress passed the Education of All Handicapped Children Act (Public Law 94-142), to guarantee a free appropriate public education (FAPE) to each child with a disability. This law had a positive impact on millions of children with disabilities because it included efforts to, “(a) improve how children with disabilities were identified and educated, (b) evaluate the success of these efforts, (c) and provide due process protections for children and families”. In addition, the federal statute, Title 20 United States Code Section 1400 (20 USC 1400), mandated states to develop and implement polices to ensure FAPE to all children with disabilities; therefore, financial incentives were put into place to enable states compliance with the
The Individuals with Disabilities Education Act (IDEA) is a federal law enacted in 1990 and reauthorized in 1997 and 2004. It is designed to protect the rights of students with disabilities by ensuring that everyone receives a free appropriate public education (FAPE), regardless of ability. Furthermore, IDEA strives not only to grant equal access to students with disabilities, but also to provide additional special education services and procedural safeguards.
Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of disability by schools that receive federal financial assistance. Every year, the school district must identify students with disabilities within their district. Public schools have a responsibility in providing free and appropriate education to students with disabilities in the school district’s regardless of the severity or nature of the disability. Education is intended to ensure the needs of a student with disabilities are met just as the needs of a student without disabilities.
This is the overall process of establishing the services. School districts are required to abide by the established procedures to identify and evaluate students who are showing signs of having a disability. The individual educational plan (IEP) documents the services required to meet the needs of the student. Both laws (ESEA and IDEA) require students with disabilities to participate in statewide assessments with accommodations, where necessary. Section 504 of the Rehabilitation Act of 1973 is a federal law that protects the rights of students with disabilities enrolled in public schools receiving federal funds. Section 504 requires school districts to provide a free appropriate public education (FAPE) to each qualified student with a disability.
Education is a virtue in our society. The growth and development of a successful civilization depends on an educated populace. Schools were created to serve this purpose, to educate the youth and prepare them for their professional and personal lives in the future. However, while we do learn mathematics, history, literature, and art – all of which are important skills and subjects – the real importance of school lies on a different spectrum. The most important lesson that schools teach children is the truth about society and the real world.
This research paper gives a summer of five scholarly journal articles regarding the benefits and challenges of self-contained, inclusion, and resource room placement settings for individuals with mild to moderate disabilities.
Three laws that have shaped and resolved the rights and services available to the students with disabilities will be discussed in this section.Section 504 of Rehabilitation Act of 1973, the Individuals with Disabilities Act( IDEA )and The Americans Disabilities Act( ADA). The IDEA is the major federal statute providing educational rights to students with disabilities. Even so, two other statutes, Section 504 of the rehabilitation Act and ADA which was modified recently (ADA,2006,2008), also have implication for the disciplinary process when it involves students with disabilities ( Russo & Osborne, 2009).
In Doe v. Koger, a student with intellectual disabilities was expelled based on disciplinary issues. The school denied the student a due-process hearing for students with disabilities. When the family took the school district to court, it was ruled that before changing the placement of a student with disabilities through long term suspension or expulsion, a hearing must be held to determine whether the child’s inappropriate behavior was a result, or manifestation of his/her disability.
The Court of Appeals dismissed the appeal in err for lack of counsel. Parents are entitled to protection of their rights under IDEA; which includes the entitlement to prosecute on their own behalf claims under IDEA. Congress granted these rights to parents under IDEA. It has been proven that children with disabilities are more apt to prosper if parents are involved with their child’s education. IDEA was set up to guarantee parents have the right a greater role in their child’s education and are responsible for participating in meetings and helping with writing their child’s IEP and take part in any decision making. The Supreme Court found that the parents did have the right for parents to protect a child’s FAPE.
Betsy DeVos is our new secretary of Education. That statement right there scares me. Prior to becoming the secretary of education, Betsy was known as a business woman, a philanthropist, a politician, and an activist. Nowhere in that sentence did I mention a teacher of public schools, and therefore Betsy DeVos is not fit for the title of secretary of education. She does not qualify because she has no experience in public education system, investment in low education systems, and no knowledge about the Individual with Disabilities Education Act.
There have been counterarguments such as groups believe their right to self-determination in the area of education is limited. The case of Parents v. Seattle demonstrates the previous statement. Students were subjected to a student assignment plan that used race to determine where the child would go to school. The Court ruled again that this was not fair for the students. According to the authors, a number of educators and academics responded negatively to the ruling of the Seattle case because they felt it harmed the tradition of the integration movement and approach to educational equality. However, the Court really is aiming to elevate individual educational benefits over social gains when considering the education policy. IDEA emphasis the importance of individual educational benefits. The child with disabilities has to receive meaningful services that will help him or her reach his or her potential. The Court has interpreted IDEA as meaning a child with disabilities only has the right to be in a general education classroom if he or she benefits from it more than in another setting and doesn’t disrupt the class. Overrepresentation of minorities in special education can occur. Some people argue special education segregates the students. Having access to educational services isn’t enough. There are different views on the implication of special education, but emphasizing individual educational benefits for all students is a worthy
Special education as we currently know it has been shaped in large part by court cases and subsequent legislation. After the Brown vs. Board of Education case was decided there was a demand for change. During the 1950’s and 1960’s, a group of researchers began to study the current special education system. These efficacy studies were looking specifically for achievement of the intellectually disabled in general education versus separate (or special) education classes. This 1965 research showed that students with intellectual disabilities who were educated in a general education setting, “achieved more academically than those in special classes,” (Goldstein, Moss & Jordan).
Growing in an arts-rich environment during students’ time in secondary school has benefits that extend to their higher education. High school students who had high levels of arts engagement were 19% more likely to aspire to college than were students with less arts engagement (Catterall 14). 71% of students with a low socioeconomic status who had arts-rich experiences attended some sort of college after high school, compared to only 48% of the low-arts students. 22% more high-arts students from the low socioeconomic group, compared with low-arts students in that group, attended a four-year college (10). Arts-engaged high school students enrolled in competitive colleges at a 15% higher rate than did low arts-engaged students (15). Students
Explain the relationship between disability and special educational needs. Explain the nature of the particular disabilities and/or special educational needs of children and young people with whom they work. Explain the special provision required by children and young people with whom they work. Explain the expected pattern of development for disabled children and young people and those with special educational needs with whom they work