... 1. Free and Appropriate Public Education This mandate states that every child, abled and disabled, must be provided a free and appropriate public education. (Gargiulo, 2006) 2. Least Restrictive Environment This mandate states that if a mainstream classroom is conducive to a child’s individual needs they must be educated with children without disabilities. Every effort must be made to be inclusive of a child with disabilities in a regular classroom setting alongside children with disabilities. (Gargiulo, 2006) 3. Individualized Education Plan Upon identification of a child’s disability, an individualized education plan (IEP) must be written. These IEP’s must be updated or developed annually by a team of professionals, with input from the parents and, if appropriate, the student. The IEP must include measures of the student’s current educational level, identifiable goals for the year, methods in which evaluation of goals will occur, specific special education services needed, level of mainstream inclusion or reasoning for exclusion from mainstream class, changes necessary in comparison to mainstream education, projected timeline to initiate services and/or duration of services, and annual evaluation of progress made by student on the IEP. (Gargiulo, 2006) 4. Procedural Due Process This mandate is designed to ensure that parents and students, if appropriate, are involved in each aspect of their education. This ensures that parents are involved...
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...IDEA, the Individual with Disabilities Education Act, is our nation’s special education law. The IDEA guides how states, school districts, and public agencies provide early intervention, special education and related services to more than 6.5 million eligible infants, toddlers, children and youth with disabilities. The ADA protects the civil rights of people with disabilities in all aspects of employment, in accessing public services such as transportation, and guaranteeing access to public accommodations such as restaurants, stores, hotels and other types of buildings to which the public has access. There are six principals that the IDEA law has done to help students with special needs: 1. Zero Reject: Rule against excluding any students 2. Nondiscriminatory Evaluation: Rule requiring schools to evaluate students fairly to determine if they have a disability and, if so, what kind and how extensive. 3. Appropriate Education: Rule requiring schools to provide individually tailored education for each student based on evaluation and augmented by related services and supplementary aids and services. 4. Lease Restrictive Environment: Rule requiring schools to educate students with disabilities alongside students without disabilities to the maximum extent appropriate for students with disabilities. 5. Procedural Due Process: Rule providing safeguards for students against schools’ actions, including a right to sue schools in court. 6. Parental...
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...Abstract The major legal issues, case law, and arguments, are investigated as a parent of a special needs student fosters a complaint that her daughter is subjected to harassment on the school bus by fellow students. This case study questions whether the lack of concern from the bus driver and negligence from the school district was the essential catalyst of her daughters’ harassment, torment, and sexual abuse. After several incidents of unsupervised abuse, the mother criticized the school bus driver the harassment rendered; however, there was little to none action taken against the other students that ultimately elevated her blouse and exposed her bare breasts. The legal issues relevant to this case study are student harassment, negligence, abuse, tort liability; breach of duty, injury, and causation, and a distinct lack of concern from the school district. Special Need Student Case Summary/Evaluation You are the principal of an elementary school. It’s Monday morning and a parent of a special needs student complains that her daughter is being harassed on the school bus by fellow students because she has Down Syndrome. Students on the bus, including a couple of other special education students, are calling her dumb, slow, slope head, and other degrading names. Her daughter is crying each night and doesn’t want to return to school. The mother has complained to the bus driver before and he has done nothing. The last straw was that these same kids pulled her daughter’s...
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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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...Laws, Procedures and Policies Regarding Disciplining Special Education Students Holly Witherwax Prairie View A&M University Introduction Discipline within a school setting is of prime importance, and ensures that learning activities progress without major hitches. This is true in school settings that enroll students without disabilities, as well as schools for students with special needs. Learning institutions that enroll both disabled students and those not disabled are also tasked with ensuring that discipline amongst the students is maintained across the board. Therefore, the challenge for administrators in schools that have incorporated special education students is that of ensuring that in disciplining special education students; they act within the law, they act in an unprejudiced manner (vis-à-vis disciplining normal students) and finally that the punishment takes cognizance of the status of the student as a special education student. Federal Law and Disciplining Special Education Students There are various laws that govern the disciplining of special education students in federally supported schools in K-12 education. The most relevant law as regards disciplining special education students is the Individuals with Disabilities Education Act (IDEA) 1990 (reauthorized in 1997). The provisions of IDEA state that unless a special needs student has committed punishable acts that require drastic measures such as the student being permanently transferred from...
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... ESE 631 Week 1 Assignment Special Education Law Review.doc ESE 631 Week 1 DQ 1 LRE and FAPE.doc ESE 631 Week 1 DQ 2 Importance of IEP.doc ESE 631 Week 2 Assignment Adapting Lesson Plans for an Inclusive Classroom.doc ESE 631 Week 2 DQ 1 Compare and Contrast LD and CD.doc ESE 631 Week 2 DQ 2 Response to Intervention.doc ESE 631 Week 2 Journal Educator Reflections.doc ESE 631 Week 3 Assignment Accommodation Support Plan.doc ESE 631 Week 3 DQ 1 Emotional Disorders.doc ESE 631 Week 3 DQ 2 ADD ADHD Characteristics and Accommodations.doc ESE 631 Week 4 Assignment Research Paper.doc ESE 631 Week 4 DQ 1 Planning for Students with Intellectual Disabilities.doc ESE 631 Week 4 DQ 2 Supporting Students with Physical Impairments.doc ESE 631 Week 5 DQ 1 Families and Autism.doc ESE 631 Week 5 DQ 2 Transition and Self-Determination.doc ESE 631 Week 6 DQ 1 Sensory Impairments.doc ESE 631 Week 6 DQ 2 Diverse Learners and Differentiated Instruction.doc ESE 631 Week 6 Final Paper Professional Presentation.ppt ESE 631 Week 6 Journal Course Reflections.doc Business - General Business LRE and FAPE . Please read the article “Least Restrictive Environment: How Do We Prepare Both Our Special Educators and Our General Educators to Comply with the Provision?” (Keuhne, 1998). According to IDEA, what do the terms Least Restrictive Environment (LRE) and Free and Appropriate Public Education (FAPE) mean? How does inclusion...
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...History of Special Education Alisha Anderson Grand Canyon University: SPE-526 June 26, 2013 Abstract Special education will continue to be transformed in a number of different ways throughout the years to come. Special Education provide different services, support systems, and resources to help meet the needs of students that have disabilities and gifted students. The history of special education have covered many issues throughout the years. There have been many laws and regulations created to help protect individuals with disabilities. This paper will report on the past history of special education, the laws associated with Individuals with Disabilities Education Act (IDEA), and how the current and future challenges of special education affect the laws. What is Special Education? Special Education was created to teach students with disabilities at no cost to the parents. Special Education in the past involved schools that did not support or recognize students with disabilities. Today Special Education have progressed to provide services to all students no matter what their disabilities are. Special Education is a program that establish guidelines and expectations that teachers, parents, and students follow, in order for the student to receive the proper help they need (Heward, 2009). Disabilities could be labeled as physical, mental, emotional, or gifted. Special Education are services that are put in place after an evaluation process of the student. The services...
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...Relationship Between the Law and Your School Marchelle Smith SPE-350 Special Education Litigation and Law November 2, 2013 Discovering the Relationship Between the Law and Your School The legal ramifications of special education started in the late 1960’s that was derived from the discrimination and segregation of children who had disabilities and handicaps. Learning how special education has changed over the last century and decade has been very specific. Special education children were not educated in the early 1900’s, they were just locked away or kept at home because some thought they were not able to be educated. The acts and laws that have been enacted to give children with special education a chance to live a normal life has really changed the way we view education for these children today. When Congress adopted the Education for All Handicapped Children Act' (EAHCA) in 1975 and mandated the education of all children with disabilities, a key supporter of the bill noted that "[n]o one really knows what a learning disability is (Colker, 2012). When the Education for All Handicapped Children Act in 1975 passed it began to fund states to educate special needs students in regular schools, but in separate classrooms. The courts and laws have changed to included special needs children in the public education in the LE (least restrictive) setting. In all that I have learned and in talking with the Bonnie Walston the Director of Special Education in my district I have gained...
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...Introduction During the past three decades, federal mandates regarding services for children with disabilities experienced many iterations as the population and identification practices increased each year (Parrish, 2011). With the Individuals with Disabilities Education Act (IDEA) Griffith (2015) explained that the federal government placed additional educational requirements on school districts regarding students with disabilities. Although the federal government provides some funding for these mandated services, McCann (2014) noted that state and local taxpayers cover the remaining cost to educate students with disabilities. McCann (2014) explained that communities and local districts must provide a free and appropriate public education...
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...The History of Special Education and the Laws Associated with the Individuals with Disabilities Education Act (IDEA) Latrena Y. Haynes Grand Canyon University: SPE - 526 March 05, 2014 Abstract Special education is a type of education for students with special needs. The term is usually abbreviated as SPED which can also mean Saving People Every Day. This includes people who are different from normal people whether they are a baby, toddler, young adult, or an adult. This includes people who have a disability who are often overlooked at because of their disability. This also includes people who just want the same treatment and an education given to them as a normal or regular person. This paper will explore the history of education and the laws associated with the Individuals with Disabilities Education Act (IDEA). It will also discourse the current and future challenges that the laws have on special education. The History of Special Education and the Laws Associated with the Individuals with Disabilities Education Act (IDEA) The history of special education started back a long time ago in the 1900s when people was going to court versing the other to fight for an education for students with disabilities. Children with disabilities were overlooked and not accepted by the general population (Heward, 2009). No matter when they born or where they was born, if they had a disability then discrimination always occurred. Back in the days, educating a child with...
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...Education of Individuals with Disability Name: Institution: Education of Individuals with Disability History of Special Education In the early 18th century, people with disability were often ignored, obscured, or put to death. First efforts to provide education for disabled students were focused on students with sensory problems such as the deaf and blind. During the 19 and early 20th century, schools that were specialized in providing education to students with disability emerged in United States and Europe. The extremely published story of Helen Keller influenced the introduction of education for disabled people in America. In 1887, Anne Sullivan who was Helen’s teacher said that he will not give up in offering education to the deaf and the blind, and she succeeded in teaching a five year old Helen how to communicate (Ashbaker, 2011, p. 25). Prior to 1965, there were no free education services provided to students with serious disabilities. These students were barred from attending school. Most of the students with severe disabilities used to put up in institutions. Many students who had mild disabilities and were not in a position to complete high school without any help did not have any other alternative other than dropping out of school. To appreciate developments that have placed disabled students in normal learning classroom, it is important to understand the legislative history that led to this move. Back in 1954, there was a civil rights case that involving...
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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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...Jennifer Kerns SPE-350 Special Education Litigation and Law Discovering the Relationship Between the Law and Your School (Benchmark Assessment August 5, 2014 Nancy Hooper Discovering the Relationship Between the Law and Your School (Benchmark Assessment) For this Benchmark I had to research the law and how it is applied to special education issues that were covered in this class.. I looked at my state departments of educations website to view the laws of my state of Oklahoma and Texas and Arkansas to see how they cover special education issues. I had also had to interview a lawyer who is well-versed in school law. I interviewed Ms. Andrea Kunkel, she was a wealth of information. She is well-versed in Special Education law, she was an attorney at Rosenstein, Fist and Ringold, where she represented Oklahoma Public Schools. She handled many Due Process Cases, she advised school staff on their legal responsibilities under the Section 504, Title II of the ADA and IDEA. She also was the legal advisor of the Oklahoma Directors of Special Services and is now the staff attorney of CCOSA (Cooperative Council of Oklahoma School, where she is currently training school administrators on special education law and issues and is the liaison to ODSS group. The first topic we discussed was how has the legal system evolved, as it applies to special education, over the past 20 years, and how has that affected the legal framework for special education today? Ms. Kunkel said that...
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...of education. To evaluate the scenario, laws and statues as well as similar court cases will be compared and used to determine proper action for and against the presented scenario. The scenario entails about a high school principal refusing to provide special education to a severely disabled tenth-grade student. The principal is very prominent as she worked as a special education teacher and an assistant principal in a wealthy school district. Based on the presented scenario, this evaluation will assess the possibility of ruling in court as well as give an opinion on the matter. Keywords: special education, principal, parent, disabilities, court Special Education for Student with Disabilities Debbie Young is a high school principal of esteem. Not only was she a special education teacher, but she was also an assistant principal of a wealthy school district in the South. Young was approached by the parent of a disabled student named Johnathan to enroll her son in the district. Johnathan is severely disabled with multiple disabilities that require constant care by a specialized nurse. His is mentally disabled, has a seizure disorder, and has quadriplegia. Debbie Young refused to enroll the child because of the necessary expenses and the belief that the school would not be able to appropriately tend to his needs. Laws that protect the rights of students with disabilities are present, but the laws may or may not correlate with the aid in the situation. Special education is a...
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...Special Education is a programed that is designed for those students who are physically, socially/emotionally, or mentally delayed. A developmental delay signify an aspect of a child’s overall development, which places them behind their peers. Because of these needs a student’s need cannot be met in a traditional classroom, so Special Education programs offers content that fit the needs of the child. Special education in its earliest form usually happened in the parent’s home, in a one on one situation. The reason for this was people with disabilities usually did not venture far from their homes. In the early part of our country most schools were one or two room school houses with usually only one teacher. This teacher was not trained and did not have the time to meet the needs of an individual with a disability. Because of this, parents kept the disabled child at home, either with no teaching or with a private tutor. The best example of this would be Anne Sullivan with Helen Keller. In this essay I will address the social implications of attitude, legislation, and litigation on the lives of students with disabilities. Attitudes Children with disabilities in the past have received unequal treatment not only in the public education system, but also in society. Prior to school, students with severe disabilities were put in an institution or kept home with family. From keeping the disabled at home, the next step was institutions. The primary purpose of these institutions was...
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