Section 504 Analysis

So many federal laws and regulations have paved the way for individuals with disabilities to be able to have the equal opportunity for success. Education was not always an option for everyone, there was a time when receiving an education was a privilege. When writing about IDEA Garguilo states that “we consider this law to be one of the most important pieces, if not the most important piece, of federal legislation ever enacted on behalf of children with special needs” (page 45). This law allowed for all children with disabilities to receive a free appropriate education. IDEA changed the way for these individuals allowing for a: FAPE, LRE, IEP, procedural due process, nondiscriminatory assessment, and parental participation.

On October 30th of 1990, President George H.W Busch signed the Individuals with Disabilities Education Act (IDEA act) into place forevermore levelling the educational playing field for all students especially the ones with disabilities. The IDEA act is the most important bill and or decision by our government to help all students get the most appropriate and equal education. Disabled students should get the most appropriate and equal education because of the IDEA act. Before the IDEA act was passed only 1 in 5 disabled students were able to get an education because many schools excluded children with disabilities as they believed they were not fit for a school setting.

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.

THESIS STATEMENT Disability labels are used by many professionals as an important unit of the special education process. This is mainly in large regard to how it is conducted in the United States. However, the ordered mandate use of disability labels has been criticized by many parents, schools, and child advocacy groups around the country which have strong concerns due to the unintended, latent, negative repercussions that tend to come from disability labeling (Bernstein, 1976). Disability labeling identifies informative definitions which are used to determine eligibility requirements for education(Bradley, Danielson, Doolittle, ,2005).

Under this new law disabled children in higher education are now covered in this Act. Within this act children are able to attend mainstream school and each school must not treat any child with a disability any different to other children. Schools must make adjustments for children with specific needs to join in. They should plan and organise their school so that every child receives challenging and enjoyable learning and develop their individual needs. The local education authority needs to provide support to the child and their family.

The information collected has to be kept secure and make sure that the information is only used by right people. Disabilities Discrimination Act 1995 The act states school must make provisions for access for Pupils with disabilities and that schools must ensure that no pupils should be taken off from school due to disabilities. New schools must make provision in all areas for pupils with disabilities whereas existing schools make provision for children with disabilities by some modifications or alterations. SEN code of practice SEN code of practice act 2001 helps children with special educational needs to participate in full range of activities provided by the school setting.

The district argued that the expenditures of supplying offerings in the study room would be too excessive. The district argued that the expenditures of supplying offerings in the study room would be too excessive. Number three of The Basic Special Education Process under IDEA 2004 says a group of qualified professionals and the parents look at the child’s evaluation results. Together, they decide if the child is a “child with a disability,” as defined by IDEA.

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. Special education services are individualized to meet the unique needs of students with disabilities and are provided in the least restrictive environment. Special education may include individual or small group instruction, curriculum or teaching modifications, assistive technology,

This act states that no one can be discriminated against because of a disability in most circumstances. Students are not allowed to be excluded from schools because of a disability of any kind. The school would have to adjust to the student if one with a disability applied. Before this law was passed, schools

According to the Ability Center, The Americans with Disabilities Act of 1990 (ADA) makes it unlawful to discriminate in employment against a qualified individual with a disability. The ADA also, outlaw’s discrimination against individuals with disabilities in State and local government services, public accommodations, transportation and telecommunications (Blanck 5). This document explains the part of the ADA that prohibits job discrimination. The U.S. Equal Employment Opportunity Commission along with State and local civil rights enforcement agencies, work to enforce this part on the law (Blanck). The law unquestionably improved the lives of people with disabilities in many ways, especially by enhancing their access to businesses and public places.

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. Doe v. Kroger was a monumental court case in the history of special education because it determined that students with disabilities can in fact be suspended or expelled as a disciplinary measure, but only after a manifestation determination has taken place

We think it’s common sense to say hello to your neighbor, hold the door open for the person behind you, or even sit next to someone in class, but that has not always been the case. At one point in time, civil rights was not for everyone. We all remember the women suffering and the african-americans being segregated, but most forget how hard the disabled community worked to be treated as equals. By utilizing the strategies of previous civil rights movements, the American Disabilities Act (ADA) wanted to extend basic civil rights to the disabled community. It started in 1973 with Section 504 which helped people to recognize that even though there are many different variations, the disabled are a legitimate minority who are subjected to discrimination

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.

Although the NCLB Act implemented in 2001 has shown great efforts for trying to ensure the equality for all students, it does not successfully provide effective achievement for minorities, underprivileged kids, or students with disabilities across the nation. Implementers of the NCLB Act should create a more personalized version to accommodate children with certain disabilities in addition to the regular version of the act. The NCLB Act that was created in 2001 ensures that regular children capable of learning like the average student get the appropriate service to react to the government’s state academic assessments, but those who require special accommodations although have been successful enough to improve test scores, still are not meeting

In the 504 program, students with any disability that could impair their ability to learn are offered more opportunities to succeed in school. While it isn’t a perfect program and not every teacher respects it, it’s definitely a good thing to be implemented in