The American Legislative System In The American Legislative System

American Legislative System has a tremendous advantage over Continental System of Law. Legislation improvements in many European countries depend on centralized bill, coming from the Parliament or another government office, and legislation cannot be changed otherwise. American system is based on the precedent, which allows legal imperfections to be corrected, norms added, certain article adjusted, not only at the federal level, but by a court decision about a particular case. That means one case can affect the whole national legal system and, quite often, the whole history, which in itself is impressive. Daniel R.R. vs. State Board of Education, Texas (1989) and Oberti vs. Board of Education, New Jersey (1993) are great examples of cases, which

Board of Education, New Jersey (1993) was about Rafael Oberti, 8 year old boy with Down syndrome. His behavioral issues, toilet accidents, temper tantrums slowed down a little learning progress that he had in the general classroom. Prior to kindergarten School’s District Child Study Team evaluated Rafael and advised parents to place Rafael in a segregated special education class in another school district. Parents did not approved of other schools and compromised with the District half way, which meant Rafael would attend pre-Kindergarten level class at his old school for half of the day and the afternoon he would spend at the special education class in another school. Even though Rafael was showing progress in the morning class, his behavioral outbreaks were disruptive for the class. On the other hand, Rafael did not show similar behavior at the special education class in the afternoon. After continuous requests from Rafael’s parents for assistance in the morning, school district provided teacher aide to assist and guide Rafael. Next, parents requested Rafael’s placement to be in the regular kindergarten class within their school district. District refused. Rafael’s parents took their case to the court. Court

They become highly stimulated by the more complicated curriculum and activities in the general education classroom. Second plus is the exposure to diversity and stimulation of social skills of the regular nondisabled students. By communicating with their disabled peers, nondisabled students learn to communicate in the completely new way and challenge their ability to deliver and receive information. Third advantage of inclusion is keeping a teacher in the general classroom alert and creative. Every disabled child would challenge the teacher differently, according to his particular needs, which prevents the teacher from