Federal Laws

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Federal Laws

The federal governments stand on inclusion is somewhat indistinct. There are federal laws that govern education of children with disabilities. However, they do not require inclusion, but only that a significant effort be made to find an inclusive placement. The Individuals With Disabilities Education Act (IDEA) was amended in 1997. The term inclusion does not appear in the act, but does require that children with disabilities be educated to the maximum extent appropriate in the least restrictive environment, which is interpreted to mean the regular education classroom. The intent of IDEA is to educate as many students with disabilities as possible in the regular education classroom (--, 2002.)

Section 504 of the Rehabilitation Act of 1973 requires that all recipients of federal funds must provide equal education of each qualified handicapped child in its jurisdiction with people who are not handicapped. Those schools that receive federal funding must place the handicapped child in the regular education classroom unless it is demonstrated by the recipient that this type of education with the added use of supplementary aides and services cannot be achieved satisfactorily (Schultz 2001.)

Court Cases

Court decisions provide guidelines governing placement of the child with special needs under IDEA. There are many court cases throughout the country involving challenges to placement of students in the least restrictive environment. In the case of Greer vs. Rome City School District in 1992 parents were fighting against the placement of their daughter in a self-contained special education classroom. The district argued that the costs of providing services in the classroom would be too high. The court ...

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...d States of America: Pearson Education Group, Inc.

Barry, Janet & Wise, B.J. (1997). Fueling inclusion through technology: Students with disabilities can rise to new heights with assertive technology

Hornby, G. (1999). Inclusion or delusion : Can one size fit all? Support for Learning; 14 (4), p.152 Jones, M. Thorn, C., Chow, P., & Wild, C. (2002). Equifinality: Parents’ and students' attitudes towards a student-centered approach to integration. Education; 122 (3), p.624

Norwich, B. (2002). Education, inclusion and individual differences: Recognizing and resolving dilemmas. British Journal of Educational Studies;50 (4), p.482

Perkins-Gough, D. (2003). Teaching all students. Educational Leadership; 61 (2), p.92

Pi v ik, J., McComas, J., & Laflamme, M. (2002). Barriers and facilitators to inclusive education. Exceptional Children; 69 (1), p.97
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