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Discrimination towards disabled people
Discrimination towards disabled people
Discrimination towards disabled people
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Special ed is not a Scandal
Special Education Is Not A Scandal
Article #33
I think the biggest most important law having to due with education and the general public is PL 94-142. It is because of this laws effect on the school system and the impact that it left in the history of special education that I chose to write about it. Implemented in the 1970’s PL 94-142 is responsible for a change in which all handicapped children are entitled to a free appropriate public education (FAPE), a change that gave the disabled a fighting chance towards education in a world that was very discriminating. This law was amended in 1983, 1986 and reauthorized in 1990 ensuring that every child receives an individualized appropriate education in the least restrictive environment at no cost to the parents.
Although PL 94-142 is a great law and has protected many Americans since it first went into effect in 1975 times were not always so good. In the early days of education it was not uncommon for the mentally challenged to be sent home from school denied their right to learn. Parents would have to find alternative methods or institutions for their child’s learning and usually pay a hefty price for what should of come for free. However, a steady line of law suites continually bombarded local states. Famous cases like Mills v. Board of Education of the District of Columbia, and Pennsylvania Association for Retarded Children v. Commonwealth of Pennsylvania set the way for transition in...
The proposed expulsions and suspensions from their disability behaviors deprived them of their right to a free and appropriate public education in accordance to the EHA. The Judge ordered the school district from making other disciplinary acts other than a two-to-five-day suspension against any disabled child for disability-related behaviors and ensured that the “stay-put” provision would be in place and no student would be removed. This went to the Ninth-Circuit appeal where the previous decision was affirmed and modified to allow up to a ten-day suspension.
General education high school teacher, Michael Withers, failed to comply with his student’s Individual Education Plan (IEP). D.D. Doe’s IEP required tests to be read orally. Despite knowledge of this IEP and being instructed to follow the IEP by the superintendent, school principal, special education director, and special education teacher, Withers still refused to make the accommodations for D.D.’s handicapping condition. As a result, D.D. failed the history class. His parents filed charges against Withers, arguing that D.D was not afforded the right to a Free and Appropriate Public Education (FAPE) promised to all students by the Individuals with Disabilities Education Act (IDEA). They also filed a claim for injuctive relief against the Taylor County Board of Education to enforce the laws that protect handicapped students.
The Gaskin Settlement Agreement is an agreement between a group of families and advocacy organizations who filed a class action lawsuit against the Pennsylvania Department of Education (PDE) on behalf of a group of children with disabilities in 1994. This agreement does not change a student’s placement, program, or IEP in any manner. Only the IEP team has the authority to make modifications that will impact a student’s IEP. The main goal of this settlement is to make sure that IEP teams will determine if the goals in a student’s IEP may be implemented in a general education setting with supplementary aids and services prior to considering an environment that is more restrictive in nature. The elements of this case were designed to help increase the capacity of school districts to provide related services, SDI that is appropriate, supplementary aids and services, and supports to students who have disabilities that are placed in general education classrooms. The PDE lists many important elements of the Settlement Agreement to be aware of...
2.Facts: This case was originally presented before the district court of Colorado in 1993 on behalf of the parents of Gregory Urban, a seventeen-year-old teen with severe mental disabilities. Gregory and his parents moved to Evergreen, Colorado in 1991. The parents wanted Gregory to go to Evergreen High School but the school district placed him at Golden High School where he participated in support services for children with severe disabilities. The support services at Golden High School were not available at Evergreen High. After the development of Gregory’s IEP his parents voiced objections to what they believed constituted violations of Gregory’s right to a free and appropriate public education. These violations included placement of Gregory outside his neighborhood school and failure to stipulate transition services in his IEP. After initially participating in the IDEA administrative process the parents filed a case with the district court claiming the school district violated Gregory’s rights under IDEA and ADA. The court ruled in favor of the school district by rejecting
The real reason the Prohibition Act was passed is not because the Legislation had voted for it, but rather the large amount of supporters it had. 33 out of 48 states had already passed the laws within 1920. The direct support was mainly coming from the South, which the number grew from 1820’s to 1840’s. These groups mainly campaigned against the outcome of drinking alcohol. Woman’s groups were behind many temperance movements for they were targets of abuse due to drunken husbands. Many times drinking was blamed upon the economics and the changes it has undergone.
The Temperance Movement was aimed to promote abstinence from alcohol, to criticize those who consumed alcohol, and political influence was often used as well. It focused on abolishing alcohol consumption completely. Political influence was important because it led to laws that limited and regulated alcohol that eventually led to prohibition. “Temperance reformers typically were evangelical Protestants who regarded alcoholic beverages as harmful and even sinful for the individual drinker and for society at large. Supposedly, drink destroyed families and reputations and brought about poverty, disorder, and crime.” (Fahey, 2013) This movement stated that alcohol was dangerous for everyone. They believed that all individuals who drank would lose control of their drinking habits and would start encountering problems as a result of drinking. The Temperance Movement was just the beginning of what would eventually become the Eighteenth Amendment of the United States. The movement was be...
These children were now being seen as a group in which society had obligations to provide “normalisation” (Bowe, 2007, p.45) and would lead to a revolutionary law being introduced in America. The Education for All Handicapped Children Act was passed in 1975, of which Australia became a signatory. (AIHW, 2004). This Act mandated “that all school-age children with disabilities must receive a free appropriate public education” (Bowe, 2007, p. 101) “in the least restrictive environment” (Bowe, 2007, p. 5). For the first time in a century, Australia no longer segregated these children into an isolated “special facility” (Allen & Cowdery, 2012, p. 8). State governments established special education units within mainstream schools (AIHW, 2004). This is referred to as Integrated education and is described by Talay-Ongan & Cooke (2005), as an environment “where children with similar disabilities in special classes share the normal school environment, and utilise some classes (e.g., art or physical education) or the playground that all children enjoy.” In 1992, the Disability Discrimination Act was introduced in Australia which specifically covered the topic of Education and in 2005 a set of supplementary standards was passed which specifies the support schools are required to provide to students with a
Nappi court case went to trial in the district court. The court found that ruled in favor of the plaintiff, which was Kathy Stuart. The judge explained that expulsion would reject Stuart from a free and appropriate education guaranteed to special education students in the Individuals with Disabilities Act (IDEA). The expulsion of handicapped children not only jeopardizes their right to an free and appropriate education, but it is also inconsistent with the procedures established by the Handicapped Act for changing the placement of disruptive children. Leagle (1985). STUART v. NAPPI (610 F.Supp. 90). Retrieved from http://www.leagle.com/decision/1985700610FSupp90_1677/STUART%20BY%20AND%20THROUGH%20STUART%20v.%20NAPPI. The court said that expelling students with disabilities will limit their availability to an education in the least restrictive environment. However, the court did rule that school officials could substitute an expulsion with suspension when dealing with a student who met the criteria to be covered by the Individuals with Disabilities Act (IDEA). In fact, the court ruled that a school district could suspend a student from school for a maximum of only ten days. The court also determined that a school district could also hold a meeting to change the placement of the student if a more restrictive environment was needed. First, school authorities can take swift disciplinary measures, such as suspension, against disruptive handicapped children. Secondly, a (special education committee) can request a change in the placement of handicapped children who have demonstrated that their present placement is inappropriate by disrupting the education of other children. The Handicapped Act thereby affords schools with both short-term and long-term methods of dealing with handicapped children who are behavioral problems. Casetext (1978). STUART V. NAPPI, (D.CONN. 1978). Retrieved from
Newton was born in Woolsthorpe-by-Colsterworth, United Kingdom on January fourth, 1643. He was the only son of a prosperous local farmer, also named Isaac Newton, who died three months before he was born. A premature baby born tiny and weak, Newton was not expected to survive. When he was 3 years old, his mother, Hannah Ayscough Newton, remarried a minister, Barnabas Smith, and went to live with him, leaving Newton behind. The experience left an imprint on Newton, later manifesting itself as an acute sense of insecurity. He anxiously obsessed over his published work, defending its ideas with irrational behavior. Newt...
My personal philosophy of special education drives not from teaching in the field, but from, observations, and personal experience, and the workshops I attended. I have had the opportunity to work with individuals with special needs in many different settings, all this help cultivate my knowledge in handling the needs of the special needed student. Special needs students have the ability to learn, to function, to grow, and most importantly to succeed. The difference comes into how they learn or how they need to be taught. There are as many beliefs about the "hows" as there are teachers and each of us forms our own philosophy through our experiences and research. As a student in a special education teachers’ program, learners with special needs includes all students in special education programs in the public school system or other appropriate settings. However, the students I would like to focus on in my career are students with learning disabilities and therefore when thinking about learners with special needs, my mind focuses on this population.
According to LD Online (2015), Public Law 94-142, also known as Education for all Handicapped Children Act (EHA), was passed in 1975. Since then, the law has taken on many changes in order to improve its effectiveness, and is now known as the Individuals with Disabilities Education Act of 2004 (IDEA 04). The original Public Law 94-142 guaranteed a free and appropriate public education to each child with a disability from the age 3 to 21 (LD Online, 2015). It is required to make efforts towards improving how children with disabilities are identified and educated, as well as provide evaluations for the success of those efforts. Furthermore, the law provided due process protections
National Alliance Of Mental Illness (2008, Fall). Understanding Your Legal Rights Under Special Education Laws. NAMI Beginnings, (12), 3-8.
I have been a Special Education Para-Educator for eleven years now. My decision to do this was based on the needs of my family and kids. When my last child was born, the doctors did not think that he would make it. He had a heart malfunction and was born with RSV and Von Villibrantds disease (which I did not find out until he was three); those factors lead me to want to work with special education kids, knowing that I could make a difference.
Prohibition in the United States lasted about 14 years from 1920 to 1933. “Prohibition was the period in United States history in which the manufacture, sale, and transportation of intoxicating liquors was outlawed.” . Intoxicating liquors were beginning to ruin the lives of some Americans and it became banned. “Prohibition, members of the Temperance movement urged, would stop husbands from spending all the family income on alcohol and prevent accidents in the workplace caused by workers who drank during lunch” . Alcohol was beginning to tear families apart and some wanted to finally outlaw all of the alcohol which would make life easier. In the beginning organizations pushed moderation, but after some decades the organizations’ focus’ turned into the idea of complete prohibition . Although the idea of total prohibition was far-fetched it eventually began. The 18th amendment brought about complete prohibition to all of the United States, with this amendment prohibition in the United States was finally established.
Writing this final essay for this course one is able to reflection on the knowledge one has gained since the beginning of the course. This course has been affective and the benefits are using the information immediately to correct mistakes and grow in the profession. After interviewing attorneys and director’s special in the education program the reality of how important following the regulations are important and must be followed. As a special educator one is more prepared and ready to provide a first rate education. Everyone who works with special needs students should be prepared and understand the law taking a class in Law and Litigation is recommended.