Discipline in Special Education

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Since 1975 education has changed drastically, especially the education of students with disabilities. Two cases that catalyzed the debate for change were Brown vs. Topeka Board of Education and Mills v. Board of Education of the District of Columbia. The first case took place in 1954 when the Brown v. Topeka Board of Education (1954) case opened the doors for parents and educators to argue for equal access to education for students with disabilities. This case inspired educational reform for these students by guaranteeing equal protections under the law as stated in the fourteenth amendment (Blanchett, Mumford, & Beachum, 2005). This allowed parents of students with disabilities the right to argue against segregation on the basis of disability (Blanchett, et al., 2005). The second occurred in 1972 during the Mills v. Board of Education of the District of Columbia case when seven children had been excluded from public schools in because of learning and behavior problems (Mills v Board of Education of the District of Columbia, 1972). The school district insisted that it did not have enough money to provide special education services for the students and the court ruled that the lack of funds was not an excuse for failing to provide educational services to children with disabilities (Mills v Board of Education of the District of Columbia, 1972). The judge ruled that the needs of students should come first (Yell, Rogers, & Rogers, 1998). This case also ruled that the reassigning, transferring, suspending, expelling, and excluding of children with disabilities from regular public school classes without affording them due process of law was unacceptable (Wright & Wright, 2007). It also established due process, fair treatment through the... ... middle of paper ... ...Children, 33(9), 1. Yell, M. L., & Peterson, R. L. (1995). Disciplining students with disabilities and those at risk for school failure: Legal issues. Preventing School Failure, 39(2), 39. Yell, M. L., Rogers, D., & Rogers, E.L. (1998). The legal history of special education what a long, strange trip it's been! Remedial and Special Education, 19(4), 219. Yell, M.L., & Rozalski, M.E. (2008). The impact of legislation and litigation on discipline and student behavior in the classroom. Preventing School Failure, 52(3), 7-16. Yell, M.L., & Shriner, J.G. (1998). The discipline of students with disabilities: Requirements of the IDEA amendments of 1997. Education & Treatment of Children (ETC), 21(3), 246. Zirkel, P. A. (2010). Manifestation Determinations under the New Individuals with Disabilities Education Act: An Update. Remedial And Special Education, 31(5), 378-384.

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