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Legal Rights of Students with Disabilities

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Special education is any program provided for children with disabilities. Individual with Disabilities Education Act (1975 IDEA) used to be called Public Law 94-142. It was signed into law on November 29, 1975 by President Gerald Ford (Gargiulo, 2012). A basic principle of P.L. 94-142 was that every disabled child is permitted to special education according to the child’s needs and to promise that the rights of handicapped children are protected. There are six key components of the original 1975 IDEA. Six key components of the original 1975 IDEA are (Gargiulo, 2012):
1. Free appropriate public education (FAPE): IDEA guarantees that each child with a disability is qualified for special education and its services without any cost (Gargiulo, 2012).
2. Least restrictive environment (LRE): The main purpose for this component is to allow children with disabilities to be educated with their peers in the regular classroom to the extent possible (Gargiulo, 2012).
3. An individualize education program (IEP): It is a very important document developed by the IEP team with parents included. The IEP lays out the child’s academic achievement and functional performance such as, how the child will be included in the general education curriculum, establishes annual goals, plane what special education related services are needed, and what accommodations may be appropriate for the child (Gargiulo, 2012).
4. Procedural due process: It includes the rights of parents toward their children. Parents have the right to participate in all meetings, to examine all educational records, and to obtain an independent educational evaluation

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