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Approaches to equal opportunities
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Selection 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) of 1990 are major federal legislative acts that are designed to protect the civil rights of individuals with disabilities. The intent of these two laws is to prevent any form of discrimination against individuals with disabilities who are otherwise qualified. Individuals with Disabilities Education Act (IDEA) are also another law which exist.
Section 504 is civil rights legislation for persons with disabilities. It prohibits discrimination against individuals who meet the definition of disability in the act, and it is applied to entities that receive federal funding. The primary objective of Congress in enacting Section 504 was to "honor the requirements
Section 504 applies only to entities that receive federal funds. Most public schools receive substantial federal funds through their participation in various federally supported activities, and as a result, they must comply with the provisions of Section 504.
Like Section 504, the ADA is civil rights legislation for individuals with disabilities. Unlike Section 504, the ADA applies to almost every entity in the United States, regardless of whether it receives federal funds; churches and private clubs are the only two entities that are exempt from the ADA. Therefore, private schools that are not associated with a religious organization have to comply with the provisions of the ADA; these schools may be exempt from Section 504 because they do not receive federal
Prior to IDEA, over 4 million children with disabilities were denied appropriate access to public education. Many children were denied entry into public school altogether, while others were placed in segregated classrooms, or in regular classrooms without adequate support for their special needs (Katsiyannis, Yell, Bradley, 2001; Martin, Martin, Terman, 1996; U.S. Department of Education, 2010). Congress sought to end the long history of segregation and exclusion of children with disabilities from the American public school system (Essex, 2012). IDEA defines disability by using a categorical approach. Children are not eligible for services simply because they need services; rather, they must fit into one of the specific categories of disabilities that is recognized in the law, and they must need special education. If a student is not determined to have one of these disabilities, but the student needs special education, then the student is not eligible for services under IDEA. Obviously, many children who could benefit from special education services fail to meet these eligibility criteria and may therefore be excluded from special education
The Americans With Disabilities Act (ADA) protects individuals with disabilities from discrimination based upon their disability (Bennett-Alexander, 2001). The protection extends to discrimination in a broad range of activities, including public services, public accommodations and employment. The ADA's ban against disability discrimination applies to both private and public employers in the United States.
The Section 504 Rehabilitation Act of 1973 was designed to meet the needs of students with disabilities and who do not fall under or qualify for special education services. For example, a student that is perfectly capable of meeting all curricular requirements on assessments and assignments but cannot hear very well will fall under the 504 act. They will not necessarily meet the special education qualifications of the IDEA. Therefore, they will not be classified as special education students and will not receive the same services as special education students, even though they need modifications and accommodations to ensure their overall success. A major curricular impact of Section 504 of the Rehabilitation Act of 1973 is that all educators are legally required to provide students that meet the requirements to be qualified or classified as a 504 student with the same course of study as general educations students without making changes to their course work. Educators do this by way of allowing additional time on assignments and assessments. They also do this by changing the environment or method of lesson delivery to said students if and when necessary to ensure
This means that children with all different types of a disability are accessible to public education and learning through professional educators and through their peers. Another important legislation that has been established in 1975 is the Individuals with Disabilities Education Act (IDEA) that includes all ages of children and their rights to learn. Both of these movements helped shape what special education is today and assisted in bringing inclusion into the classroom. They both made it possible for students with disabilities to be integrated into general education classrooms, while getting the assistance they need as well. These acts are what made it possible into what my field of study is and I intend to push the boundaries of getting my future students in these general education classrooms and making them feel apart of something
...bilities. It is intended that these two laws aid in the prevention of discrimination of humans with disabilities. Section 504 applies to any entity that receives federal funds and the ADA applies to every entity except for private clubs and churches; therefore, we will always be surrounded by these legislative decisions. In the world of education, it may be the key factor that directs a child onto the correct path for a decent life.
Section 504 of the Rehabilitation Act of 1973 is a civil rights act that protects individuals with disabilities in institutions receiving federal funds from being discriminated against and ensures that they have equal opportunities to fully participate with peers. If a parent or guardian feels that his or her child has a disability that negatively impacts his or her educational experience, help is available. While a 504 requires accommodations based on the disability identified, an IEP requires modifications that can include school-based physical therapy, occupational therapy, and speech therapy and is typically connected with special education.
The Disability Discrimination Act of 1995 set out to end the discrimination people with disabilities encounter. The Act gave disabled people the right to employment, access to goods, facilities, and services and the right to buy and rent land and property. These rights came into force in December 1996, making treating a disabled person less favorably than an able-bodied person unlawful. Further rights came into force in October 1999, including the idea that service providers should consider making reasonable adjustments to the way they deliver their services so that people with a disability can use them. (The DDA...) However, despite these
The Americans with Disability Act of 1990 (ADA) was put into force to protect employees from discrimination with disabilities in the area of employment. A person with a disability can be defined under the ADA as someone who has a physical or mental impairment which considerably limits one or more of major life activities. “It has been estimated that nearly one in five Americans has one or more physical or mental disabilities”(law book pg115). The ADA federal law requires that employers with 15 or more employees not to discriminate against applicants and current employees with disabilities and, when needed, provide reasonable accommodations to these individuals who are more than qualified to work. These individuals are protected in regard to the application process, hiring, advancement, firing, compensation/benefits, training or other privileges of employment. If an individual is requesting accommodation due to a disability and can be reasonably accommodated without creating an undue hardship or causing a direct threat to workspace safety must be given the same consideration for employment as any other applicant. An employer is not obligated to hire anyone that is not qualifies to what is considered the essential functions of the job according to the ADA. An accommodation under the ADA must allow the employee enjoy equal benefits, given an equal opportunity for the person with the disability to be considered for the job and to perform the essential functions.
Rachel’s parent disagreed and with the Districts decision of half time special education placement and placed her in a private school in a general education classroom with supports where she was successfully meeting her IEP goals. Rachel’s parents also appealed the district’s placement decision to a California Special Education hearing officer. After fourteen days of hearing, the hearing officer ruled in favor of the parents and ordered the District to place Rachel in a general education classroom with support services. The District appealed the decision and the courts had to decide if the decision made by the hearing officer complied with the Individuals with Disabilities Act (IDEA). The courts ruled in favor of the defendant finding that the appropriate placement for Rachel, under the IDEA, was in a general education classroom, with supplemental services, as a full time member of
On July 26 1990 the American with Disabilities law was enacted This law became the most comprehensive U.S. law addressing the disabled.Society tends to isolate, and segregate individuals with disabilities. The constant discrimination against individuals with disabilities persist. Such critical areas such as; housing,public accommodation,education,communication,and health services.All Existence of unfair and unnecessary discrimination and prejudice will be eliminated. Anyone who denies a person or people an opportunity will compete will be breaking the law. This law enacted that all people with disabilities will be treated the same as everyone else. People with disabilities will not be denied because of their disability. No unnecessary discrimination or prejudice will be taken. This law has made it, so that people with disabilities today can receive tings such as; a house, job, health services,and an education. They do not receive any discrimination in such critical areas such as; housing,public accommodations,education,communication,and health services.
The child with a learning disability is entitled under IDEA to receive the same quality of education and other services which are entitled to students without disabilities. The law states that the facilities for both kinds of students must be comparable and the necessary training materials and the appropriate equipment to impart the education must be provided to the student (Individuals with Disabilities Education Act (IDEA), n.d.).
The Americans with Disabilities Act, TITLE 42 - THE PUBLIC HEALTH AND WELFARE U.S.C. § 12101 - 12117 et seq. (Author 1990 ).
Prior to 1975, educational options for a child living with a mental or physical disability were limited. The family of the handicapped child was most likely forced down an path that lead to the institutionalization of the child and distancing the child from the benefits of receiving a free and public education. It was after federal legislation passed the Rehabilitation Act of 1973 (42 U.S.C. § 1983) that monumental changes began to develop that allowed a better understanding of the needs and capabilities of people with various handicapping conditions. Soon after this legislation, Public Law 94-142, also known as the Education for all Handicapped Children’s Act of 1975 (EHA) would further increase the public awareness by providing a free appropriate public education (FAPE) for children suffering from disabilities. Following the EHA legislation reformations concerning the education of disabled individuals would soon become numerous and legislative acts were passed enabling accommodations for disabled individuals in the fields of vocations and technology. In 1990, President Gerald Ford signed legislation replacing P.L. 94-142 with the Individual with Disabilities Education Act of 1990 (IDEA, 20 USC 1400). By definition, the Individuals with Disabilities Education Act (IDEA) is a law ensuring services to children with disabilities throughout the nation (US Department of Education, 2011).
The Americans with Disabilities Act (ADA) is one of the most significant laws in American History. Before the ADA was passed, employers were able to deny employment to a disabled worker, simply because he or she was disabled. With no other reason other than the person's physical disability, they were turned away or released from a job. The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. The act guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications. The ADA not only opened the door for millions of Americans to get back into the workplace, it paved the road for new facilities in the workplace, new training programs, and created jobs designed for a disabled society (Frierson, 1990). This paper will discuss disabilities covered by the ADA, reasonable accommodations employers must take to accommodate individuals with disabilities, and the actions employers can take when considering applicants who have disabilities.
The Individuals with Disabilities Act, 2004 (IDEA), has 14 different categories of disabilities (IDEA Partnership, 2012). Students with disabilities can be placed into two more distinct groups which are high incidence disabilities or HID and low incidence disabilities or LID. IDEA defines low incidence disabilities as those students with visual, hearing or significant cognitive impairment (Outcome Data, 2006). These students need personal that are highly trained in specialized skill and knowledge to provide early interventions and education. Those with LID account for less than one percent of the school population (Outcome Data, 2006). Students that fall into this category are usually educated outside of the general education classroom for part of the school day.
Public Law 94-142: The Education for All Handicapped Children Act of 1975, now called Individuals with Disabilities Education Act (IDEA), requires states to provide free, appropriate public education (FAPE) for every child regardless of disability. This federal law was the first to clearly define the rights of disabled children to receive special education services if their disability affects their educational performance. A parent of a special education student also has basic rights under IDEA including the right to have their child evaluated by the school district and to be included when the school district meets about the child or makes decisions about his or her education. If a child is identified as in need of special education services, the school district must devise a written individual education program (IEP) for the child, which includes related services. An IEP is a statement of a student’s special education and related services including speech services, psychological services, physical and occupational therapy, counseling and assistive technology and transportation. In addition, this legally binding, individualized plan outlines reasonable educational goals for the student and is reviewed and updated yearly.