...Introduction To identify with the conflict being tussle in the current day for kids with special needs, it is significant in the direction of being aware of the times what went before and today society associated with district schools and exceptional education. History Prior to 1975 in accumulation to means of access of the original national individual education regulation, a possible five million family among Children with disabilities customary get little or no education. In addition, children with special needs did not obtain the help they needed in instruct and a supplementary thousands were completely not allowed in public school. Children were keeping at home or lock away from the general public. In time past parents thought they have sin against God this was a punishment and this was the result their child was disable. In view of the fact that 1975, national individual education bylaw has been reformed a variety of period. A major fact is that the groundwork of today’s exceptional schooling regulation was approved .During 1975 laws endorse in 1977. (Peter Wright and Pamela Darer Wright) The Education for All Handicapped Children Act of 1975 (EHA). This ruling launch the idea of: at no cost right to unrestricted Education for all children up to21years old; defending the constitutional rights of children with disabilities in addition to their parents as well as due process rights; IEP ,also LRE, as well as It supports all children with disabilities through...
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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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...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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...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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...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 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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...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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...HISTORY OF SPECIAL EDUCATION LAW According to National Assessment of Educational Progress (NAEP), an IEP, or Individualized Education Program, is “a written statement for each individual with a disability that is developed, reviewed, and revised in accordance with Title 42 U.S.C. Section 1414(d).” (NAEP Glossary) Each source I studied stressed the concept of “individualized” plans because each program is tailored to specifically meet the needs of that particular student through a series of assessments, meetings and medical diagnoses. Recognizing that the content of the IEP is legally binding, it’s important to ensure that what is included in the IEP safeguards the needs of the student and that the student needs are being met? So after Further research I discovered a site that put the definition of an IEP in easily understandable terms: [An IEP] is a legally binding document that spells out exactly what special education services your child will receive and why. So by doing the IEP not only would It will include the students classification, placement, services such as a one-on-one aide and therapies, academic and behavioral goals, a behavior plan if needed, percentage of time in regular education, and progress reports from teachers and therapists. What is and we see that these plans contain information about the child’s classification, such as autism, deaf-blindness, orthopedic impairment or mental retardation for example, which requires the special support while...
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...ANNOTATED BIBLIOGRAPHY: Special Education Resources Special Education Foundations and Framework UNV-529N Dr. Mendez March 26, 2014 ANNOTATED BIBLIOGRAPHY: Special Education Resources The national center for learning disabilities website. (2012). Retrieved from http://www.ncld.org/ The National Center for Learning Disabilities provides resources and details on the different types of learning disabilities in both children and adults. They are dedicated to providing an opportunity to an education to every child diagnosed with a disability. By having this opportunity, the child may obtain valuable educational and life skills that will benefit them for their entire lives. The NCLD connects educators and parents with guidance, resources, educational services, programs, and professional developments that strive to promote public awareness, advocacy, and advance student growth. Information about federal laws that have affected and strengthened this organization is also available. The national dissemination center for children with disabilities website. (n.d.). Retrieved from http://nichcy.org/ The National Dissemination Center for Children with Disabilities (NICHCY) is a resource that is filled with information for parents and educators related to particular disabilities from birth to age 22. The website contains an excess of resources in relation to educational rights and laws, interventions, Individualized Education Programs (IEPs), the special education process and services...
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...The New Model of American Education: Inclusion or Exclusion?? November 27, 2011 EEX5665 Bernadette Harris University of North Florida College of Education & Human Services Graduate School According to the U.S. Department of Education, the N.C.L.B. Act of 2001, came the law of public education that states “that all children have a fair, equal, and significant opportunity to obtain a high-quality education and reach, at a minimum, proficiency on challenging State academic achievement standards and state academic assessments.” This law was instituted to increase accountability in public educators for the individualized education of every student in the public school system. In theory, it eliminates the ability to simply push students forward from grade to grade without evidence that they can perform at grade level. It brought with it the death of what we had previously come to know as “social promotion.” Quickly on the heels of N.C.L.B. came the I.D.E.A. (Individuals with Disabilities Education Act) of 2004, which affirms the guiles of N.C.L.B. while taking accountability a bit further. I.D.E.A. states that “all students (including those with disabilities) must have access to a free and appropriate public education in the least restrictive environment” (Wright, 2004). The “least restrictive environment,” as defined by legislators, has become what is now known as “inclusion education” and the birth of the “inclusion” classroom. Prior to the passing...
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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...
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...Janice Nelson has been in the special education field for over 25 years. Mrs. Nelson specializes in Autism. She is the administrator of Special Education in the South Shore District in Chicago, IL. She started out as a teacher’s aid. Mrs. Nelson has had a passion for teaching ever since she can remember as a little girl. She went to Oakton Community College, a local school, to pursue a degree in Liberal Arts to buy herself a little time to figure out what she really wanted to do with her life. During this time, she took a lot of classes in early childhood. Ironically enough, she ended up loving them. She graduated with an Associate’s Degree. During the next couple of years, she earned her Bachelor’s Degree in Early Childhood Education. That did not stop her from pursuing her Master’s Degree in Special Education with Endorsements in Autism and Emotional Impairments. Janice did three semesters of student teaching while earning almost all of her degrees. The first semester she student taught in a general education third grade classroom. She then noticed that general education was not for her. That’s when Janice started to gravitate towards the students who needed extra help. She craved the constant interaction of working with kids with special needs. Lucky for Janice, her next two teaching placements just so happened to be in the same school she was working in. At that point, Janice realized she was getting closer to her goal of becoming a special education teacher. Autism is a Spectrum...
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...PL 94-142 of 1975 was the first piece of legislation mandating appropriate and free education for students with disabilities. “Federal legislation, such as PL 94-142, served as a tool for the government to provide improved and equalized learning opportunities for all students and to bring qualified people into special education” ( Kirk, Gallagher, & Anastasia, 2000, 71). There are six key components under this act. Zero Reject The first component states that all children, regardless of ability, are guaranteed a free and appropriate public education. This stands for FAPE. This requires schools to serve children ages 3-21. A child may not be excluded from a school district just because the district feels that they are too disabled to learn. This is at no cost to the parents. Zero Reject includes providing classroom instruction or providing transportation for the disabled child. Nondiscriminatory Identification and Evaluation The second component has two purposes. The first one is to actually determine if the student has a disability and the second is to be able to determine whether the student requires special education and to what extent. The evaluation test given to the student must be administered in the child’s primary language. It must be given by a qualified person and molded to fit the specific needs of the child. Therefore, it cannot just be an IQ test. Individualized Education Program An IEP should be written for every student with an identified disability....
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... the key points are understanding what special education is, the impact of cultural and linguistic diversity and the concepts of IDEA. Special education is educating students with special needs where it addresses their individual needs. In our textbook it states that special education is "specially designed instruction provided at no cost to parents in all settings (such as the classroom, physical education facilities, the home, and hospitals or institutions) (Hardman, Drew & Egan, 2013).” After reading the assigned readings, I learned how cultural and linguistic diversity does not mean that they should be put in a special education class. In Lecture 1 it states, cultural and linguistic diversity, while absolutely affecting a students’ academic needs, do not merit placement in a special education setting (SPE-226 Lecture 1, 2015).Many times the students just do not understand English. When a student does not speak English there is a different program for them called English as a Second Language (ESL).IDEA is a law that ensures education to students with special needs. Also known as the zero-exclusion principle, IDEA requires all public schools have special education to meet individual needs of all students, no matter what type or the extent of their disability (Hardman, Drew, Egan, 2013). Based upon my experience in education, I would apply what I have learned so far in this class. I would do so by teaching or helping out in a special needs classroom because I fully understand...
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