...Each country has its own laws, regulations, legislations, policies and procedures they need to abide by for all areas, including disability and inclusion in education. In Australia, New Zealand and the UK, there are a multiple laws, regulations, legislations, policies and procedures that contribute to the disability and inclusion in education. In Australia some of these are Disability standards for Education (2005), the DISABILITY DISCRIMINATION ACT (1992), Australian Education Act (2013), Convention on the Rights of the Child (1990), The Education and Care Services National Law Act (2010), The Melbourne Declaration on Educational Goals for Young Australians (2008), United Nations Convention on the Rights of Persons with Disabilities (2009)...
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...THE RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION ACT, 2009 35 of 2009 [AS ON 01.05.2014] [26th August, 2009] An Act to provide for free and compulsory education to all children of the age of six to fourteen years. Be it enacted by Parliament in the Sixtieth Year of the Republic of India as follows:-1. Short title, extent and commencement: (1) This Act may be called the Right of Children to Free and Compulsory Education Act, 2009. (2) It shall extend to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint. 2 [(4) Subject to the provisions of articles 29 and 30 of the Constitution, the provisions of this Act shall apply to conferment of rights on children to free and compulsory education (5) Nothing contained in this Act shall apply to Madras as, Vedic Pathsalas and educational institutions primarily imparting religious instruction.] 2. Definitions: In this Act, unless the context otherwise requires,-(a) "appropriate Government" means-(i) in relation to a school established, owned or controlled by the Central Government, or the administrator of the Union territory, having no legislature, the Central Government; (ii) in relation to a school, other than the school referred to in sub-clause (i), established within the territory of-(A) a State, the State Government; (B) a Union territory having legislature, the Government of that...
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...India has one of the largest populations in the entire world, and with that comes the second largest education system in the word. It is estimated that around thirty percent of India's population is under the age of fifteen[1], thus more children in the education systems. The large education system in India has not always had the best of reputations, and still does not hold a very reputable name for itself. Though there has been strides for improvements in the system of education for India in the last decade, the fundamentals of the law on education is where the main issue lies. There have been many changes to the education system of India in the years since their independence, but there is not much to show for the changes that have been made to their system since the quality of education material, as well as the quality of educators has made little improvement. The education system in India saw many changes shortly after colonial times, and have continued to change since then but the changes have not made as large of an impact as they should have. Many people see the education in India as inadequate, which it may certainly be. Before the British East India Company took the steps to intervene into the educational system, education had little to do with government. The education of India has an interesting history. It is believed by many historians that in the ancient days, the material that was to be taught was done so by word of mouth and was to be taught by the sages and...
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...School legislation is put in place to promote equality and to make sure there is no discrimination against pupils staff or visitors. Data protection Act 1998- Under Ofsted and ICO regulations all schools must have sufficient school polices and procedures in place, school policies include .E-safety, data protection, acceptable use. Information of a child or their family should not be given to anyone without authorisation, all information is confidential. Reference -stone group uk, ICO.org The UN convention on the rights of the child 1989 (UNCRC)- , when working in a school setting you have a care of duty ,keeping children and young people safe from harm , giving them places to play, positive activities , raising attainment for all, reducing exclusions, addressing bullying. All children have the right to an education, children are protected against discrimination on grounds of there sex, race, disability religion or belief or sexual orientation. Reference education.gov The Education Act 2002- all schools by law have to safeguard, protect and promote the wellbeing of its pupils. The law requires schools to teach a broad and balanced curriculum which will help prepare pupils for later...
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...THE GIST OF RTE ACT: RESPOSIBILITIES OF TEACHERS Introduction In India the Right to Education Bill is a constitutional amendment passed by the Indian parliament on 4th August 2009 which promises free and compulsory education for children between 6 and 14 in India. The bill also have provisions for no donation or capitation and no interview of the child or parent for the admission.. The bill was approved by the cabinet on 2nd July 2009. The RTE Act mandates that school teachers should have the necessary adequate professional qualifications to ensure quality of education. The Act makes funds available for teachers to undergo the necessary training and acquire the skills to ensure this. Regular school teachers can now be encouraged to take up the additional responsibilities. THE GIST OF RTE ACT ARE • Free elementary education for all children in the age group of 6 to 14 years in a neighbourhood school. • The state has to provide compulsory elementary education and to ensure not just enrollment but attendance and completion of education • It is mandatory to educate children along with their peer group. Special training should be given to facilitate age appropriate education. • Sets quality norms for all schools like pupil- teachers ratio (cannot exceed 1:30) 200 to 250 minimum days of school functioning in a year, minimum four to five hours of instruction in school daily, 45 hours a week as minimum working hours for the teachers, separate subject teachers and head-teacher...
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...Title VI was a huge break point in giving minorities right to education as it protected “people from discrimination based on race, color or national origin in programs or activities that receive Federal financial assistance” (“Education and Title VI”). The effectiveness of Title VI can be seen when it was challenged in the Gratz v. Bollinger supreme court case. The University of Michigan took into account that race or anyone qualified as a unrepresentative minority to be a factor in their acceptance. Jennifer Gratz, who applied to one of the University’s program in 1995, was denied admission due to her Caucasian descent. Gratz took her case to the supreme court and won since “the Equal Protection Clause prohibits any racial discrimination for the purposes of higher education admission” (“Gratz v....
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...FRAMEWORK IN KENYA ON THE RIGHTS OF CHILDREN WITH DISABILITIES INTERNATIONAL LAWS Under The Constitution of Kenya, article 2(5) and (6), treaties and rules of international law are part of Kenyan Law. This essentially means that even without domesticating some of the treaties their obligations apply directly to Kenya. The Convention on the Rights of the Child is the first treaty that protected children rights. It guiding principles have a direct impact to children with disabilities. These include; non-discrimination, that these children should not be discriminated on the ground of disability, best interests of the child; under this rubric states must eradicate policy laws which do not place the best interests of the child as paramount, A child’s survival and development; that laws set must aim at ensuring development and survival of the child, and finally, Child participation, i.e. that children with disabilities or organizations representing them be consulted in matters and decisions affecting them. Article 23 of the Convention lays emphasis on the right of these children to special care and support to ensure they live full and independent lives. Most importantly the article guarantees the disabled children all the rights in the Convention. The International Covenant on Economic, Social and Cultural Rights (ICESCR) through General Comment 5 states that persons with disabilities should be guaranteed all rights under the covenant. On education, the convention provides...
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... | |Course Title: |Assignment Number: | |Exploring Legal Issues in Higher Education |4 | | | | Learner’s Comment: Student Rights or Student Rights in Academic Dismissal Faculty Use Only Student Rights or Student Rights in Academic Dismissal Student Rights are highly protected with higher education through “Family Educational Rights and Privacy Act (FERPA). The FERPA Law applies to all schools or universities that receive any funds from the Department of Education by federal or state government. The law protects the privacy of students and graduates education and student finance records. Furthermore, students also have rights in discipline, freedom of speech, freedom of the press, voting rights, privacy, gay rights sexual harassment and many others that are protected by the school, Department of Education as well as the government. The “Bill of Rights” has had a considerable amount of influence on higher education’s policies based on the First, Fourth, Fifth, and Tenth Amendments....
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...History of Special Education Law Grand Canyon University Special Education Litigation and Law SPE-350 Virginia Murray August 11, 2013 History of Special Education Law Throughout the ages, people with disabilities have been hidden away at homes or institutions and were often not educated. This was common practice and as such, when the education system was designed, children with disabilities were not even considered. Then, starting soon after the civil rights movement in the 50’s, a series of lawsuits was brought against school boards and the federal government took notice. Then the Education for all Handicapped Children Act of 1975 was passed and these children were finally allowed the education they deserved. As time went on, the Education for all Handicapped Children Act of 1975 became outdated and so it was revised and renamed the Individuals with Disabilities Education Act (IDEA) in 1990. IDEA completely changed the face of special education by adding and refining many stipulations. Both the Education for all Handicapped Children Act of 1975 and IDEA had specific, legal ramifications on the classroom. Each act, the Education for all Handicapped Children Act of 1975 and IDEA has similarities and differences from each other and there is a Venn diagram included in the assignment to illustrate it. As the first incarnation of federal education law, the Education for all Handicapped Children Act of 1975 was relatively basic. In the article Disabilities: An...
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...History of Special Education Grand Canyon University: SPE 526 June 25, 2014 ABSTRACT Special education has been at the center point of education for the past decades. The foundations of education never considered those with disabilities important or relevant in the classroom. Therefore, disabled students did not receive fair or equal treatment. Over the past century teachers, governments, and families have worked to create laws and regulations to ensure that students with disabilities have fair and equal treatment in schools. This paper will discuss the history of special education and law and acts that were created to help the field. In addition, current and future challenges of special education are also examined. Keywords: special education, No Child Left Behind, Individuals with Disabilities Education According to the United States Department of Education there were 6 million children from the age of birth to 21 that received special education services in 2009-2010 (Department of Education). In addition, since the federal government started reporting child data in 1977 the percentage of students receiving special education services has doubled from 23.8% to 42.3%. With encouraging statistics like those mentioned it seems like the United Sates has always been innovators of special education. However, this is actually not the case. When the founding fathers of education established the foundations of school, individuals with special needs were not considered. In...
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...A very light evaluation of different schools can be undertaken simply by using the internet. Question eight Summarise the laws and codes of practice affecting work in schools Like other organisations schools must function within the law. The data protection act 1998 under this act information can only be kept and used for the purpose intended for example information that has been collected in order for the school to care for the children health and medical information and all personal information must be kept on site at all times. The UN convention on rights of the child act 1989 was created in 1998 but was not ratified in the UK until 1991 there are 54 articles in all but only 7 are related directly to schools these are: Article 2- children have the right to be protected from any form of discrimination. Article 3-the primary consideration is the best interests of the child. Article 12-children must be allowed to express views and these should be given consideration matches the child’s age and maturity. Article 13-children have the right to receive and share information provided that it is not damaging to...
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...A lot has happened from the 1940s to present day. There has been a Second World War, countless violations of civil rights, and discrimination between the sexes and between races. There have been few events, though, that continued to show America’s core values. Events, such as the writing of the Containment Policy, the establishment of the Peace Corps, and the United States’s inclusion in the Korean War demonstrate liberty. Other events, like the Brown v. Board of Education court case, the passing of the Civil Rights Act of 1964, and the passing of the Voting Rights Act of 1965 demonstrates America’s core value of equality. And still more events, like World War II, the Miranda v. Arizona court case, and the Montgomery Bus Boycott demonstrates...
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...Individuals with Disabilities Education Act (IDEA) Diversity and Inclusion FDT 4/5 Natalie C. Miller May 4, 2012 Western Governors University Individuals with Disabilities Education Act (IDEA) Before Congress enacted the Education for All Handicapped Children Act of 1975, an underserved number of children in the United States living with disabilities received a fair education. The Education for All Handicapped Children Act of 1975 (PL 94-142) enabled states to provide for and improve the availability of an education for individuals with disabilities. Renamed the Individuals with Disabilities Education Act (PL 101-476) or IDEA in 1990 (Allen and Cowdery, 2009) the amended Act authorizes a Free Appropriate Public Education for children with disabilities from birth to 21 years of age. Since 1990, amendments to IDEA now include changes to how the Individualized Education Programs are implemented; funding is appropriated; identification and determination of children with disabilities; due process procedures for parents of children with disabilities; and the effectiveness of educational services for children with disabilities. This paper will summarize the various changes to IDEA since the acts inception, and the guidelines and steps needed to create an IEP. Six Key Components of the Original 1975 IDEA The Individuals with Disabilities Education Act of 1975 mandates states and public schools provide a “Free-Appropriate Public Education” to students with disabilities...
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...Legal Rights Human and Legal Rights The Act sets out the fundamental rights and freedoms that individuals in the UK have access to. They include: Right to life Freedom from torture and inhuman or degrading treatment Right to liberty and security Freedom from slavery and forced labour Right to a fair trial No punishment without law Respect for your private and family life, home and correspondence Freedom of thought, belief and religion Freedom of expression Freedom of assembly and association Right to marry and start a family Protection from discrimination in respect of these rights and freedoms Right to peaceful enjoyment of your property Right to education Right to participate in free elections The Act sets out the fundamental rights and freedoms that individuals in the UK have access to. They include: Right to life Freedom from torture and inhuman or degrading treatment Right to liberty and security Freedom from slavery and forced labour Right to a fair trial No punishment without law Respect for your private and family life, home and correspondence Freedom of thought, belief and religion Freedom of expression Freedom of assembly and association Right to marry and start a family Protection from discrimination in respect of these rights and freedoms Right to peaceful enjoyment of your property Right to education Right to participate in free elections How the UK government have enforced human and legal rights The...
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...will discuss inclusive education and its history, as well as the social, political and philosophical arguments that impact upon it. The report will look at how educational practice is shaped by legislative and regulatory frameworks; it will also show how our own practice provides support for all children to achieve within mainstream education. Autism Spectrum Condition Autism is associated with a range of differences and difficulties typically related to core skills in reciprocal social interaction, communication and imagination (Wing, L.1996). ASC is ‘a lifelong developmental disability that affects the way in which a person communicates and relates to people around them’ (Wall, 2010. p. 7). Inclusive education Internationally, educational authorities are beginning to embrace a philosophy of inclusion in order to address their moral and social obligations to educate all children (Hodkinson, Vickerman, 2009). Inclusive education is concerned with the education and accommodation of all children within the classroom, regardless of their physical, intellectual, social or linguistic developments. A primary document which identified the way forward in reaching education for all through ‘inclusive education’ was the Salamanca Statement in 1944. The philosophy of the Salamanca Statement is underpinned by the social model of disability; whereby learning difficulties are not considered as the problem to educational exclusion, but rather that the general education system needs to be responsive...
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