Rehabilitation Act of 1973

1973

The preceding:

• It doesn't allow any discrimination against an person with a disability in any program or activity receiving and federal financial assistance.

• This layer the foundation for other disability acts like the Americans with Disabilities Act

The implication:

• It benefited student by making sure they all had equal access to educational programs and services no matter their disability. For parents and teachers it provided legal grounds to advocate for necessary support.

Pillars of Education:

• Non-Discriminatory Identification and Evaluation: Section 504 prohibited discrimination against individuals with disabilities in programs or activities receiving federal funding, ensuring equal access to education for students with disabilities.

• Free Appropriate Public Education (FAPE): Similar to PL 94-142, Section 504 required schools to provide a free and appropriate public education to students with disabilities, ensuring they receive accommodations and services that allow them to access the same educational opportunities as their peers.

The Americans with Disabilities Act (ADA)

1992

The preceding:

• Guarantees that people with disabilities should have equal access to employment, public services and accommodations, and transportation.

• Is unique for its comprehensive scope in prohibiting discrimination against individuals disabilities across all areas of public life.

Implications

• Made students able to get transportation and able to have a good education. Schools can also change the curriculum to help students.

Pillars of education

The Americans with Disabilities Act Amendments Act of 2008 (ADAAA)

2008

The preceding:

1. The Act makes important changes to the definition of the term "disability" by rejecting the holdings in several Supreme Court decisions.

2. It creates a less demanding standard for qualifying as disabled since they have made the meaning of the definition more broad.

Implications:

1. Students who may not have had the change to be identified with a disability can now be identified with a disability which may help them in a school environment

2. If a parent believes that their child has a disability then therefore requires services that the child may not already be receiving in school then the parent can ask the school to evaluate their child. The evaluation would determine whether the child has a disability and whether the child needs special education or related services.

3. If a teacher has a disability and is new to the education system then they are not required to speak up on their disability but if accommodations need to be made then they must say something at the interview stage.

1. Free Appropriate Public Education (FAPE)

   1. Allows every student including students with different disabilities to be able to have a free public education available to them.

2. Individualized Education Program (IEP)

   1. Gives students programs and support services based on their educational needs.

3. Least Restrictive Environment (LRE)

   1. Students with disabilities get equal education along side their peers who may not have any disabilities

4. Appropriate Evaluation

   1. A student can get evaluated if needed to and can later get programs or related services if needed

5. Parent and Teacher Participation

   1. Parents can get involved alongside their child during an evaluation and further related services

6. Procedural Safeguards

   1. Protects the laws of students with disabilities

Brown v. Board of Education of Topeka, Kansas

1954

The Proceedings:

1. The law accomplished that separating children in public schools by their race was unconstitutional.

2. The law is a landmark for numerous reasons such as; it ended the "separate but equal" doctrine, was a key part of the Civil Rights movement, and inspired further integration efforts.

Implications:

1. The law helped students by bringing them together which helped them thrive academically and united students from different racial backgrounds.

2. The law ensured that their children would have equal access to public education regardless of race.

3. The law allowed any African American teachers to teach in any public school but still had its limits when it came to black teachers.

4. The law let the society know that this was the end of legalized racial segregation in the schools of the United States.

Pillars of Special Education

1. Zero reject

   1. ensuring that ALL students with any disability of any race may have an education

2. Free and appropriate public education (FAPE)

   1. Students of another race can get a free and appropriate education

3. Nondiscriminatory identification and evaluation

   1. certain methods that are applied on individuals from diverse cultural and racial backgrounds

The Education for All Handicapped Children Act (EHA)

1975

The proceedings:

• Made the requirement for schools to develop an IEP for all students with disabilities.

• Guarantees appropriate public education to all children with disabilities with individualized IEPs.

Implications:

• It ensures access to free, appropriate education tailored to each students needs through IEPs. It empowered parents by giving them a voice in their child's education through legal rights. Teachers received support and resources for working with students with disabilities, while schools and communities benefited from a more inclusive, equitable education system.

Pillars of Special Educations:

• Free Appropriate Public Education (FAPE): It guaranteed that all children with disabilities receive education at no cost to families, tailored to their individual needs through an IEP.

• Individualized Education Program (IEP): The law mandated the creation of a customized plan for each child, outlining specific learning goals and the services needed to meet them.

• Least Restrictive Environment (LRE): It required that students with disabilities be educated alongside their nondisabled peers to the maximum extent appropriate.

• Due Process: The law provided procedural safeguards, ensuring parents' rights to participate in decision-making, access educational records, and challenge decisions through hearings.

• Non-Discriminatory Identification and Evaluation: It established that evaluations must be conducted fairly and without bias, ensuring accurate identification of students' needs.

Pennsylvania Association for Retarded Citizens (PARC) v. Commonwealth of Pennsylvania

1972

The Proceedings:

1. The law required that the state to evaluate and place all children with mental disabilities ages 6-21 in a proper publicly funded educational setting.

2. Pennsylvania was the first significant challenge to education laws in the U.S. that excluded students with disabilities

Implications:

1. The law provided students with mental retardation with free public education

2. The law provided parents the right to be notified about their child and for their child to be evaluated

3. The law offered teachers with professional development as an educator, new ideas and support, and the opportunity to connect with their students on a personal level.

Pillars of Special Education

• Free and appropriate public education (FAPE)

  • Students who may undergo mental retardation will have a free and appropriate education

• Due process

  • parents have the right to notification, a hearing, to examine records, and to cross examine witnesses

• Least restrictive environment

  • students with disabilities should be educated with their peers when appropriate

• Zero reject

  • no child should be rejected based on their disabilities

No Child Left Behind Act

2001

The Proceedings

• This bill achieved annual testing of children in grades 3 through 8 is required, with students in

  Grades 10 through 12 assessed at least once. Schools were expected to show adequate yearly progress to the goal of 100% proficiency by 2014.

• This bill is unique because this ambitious law reveals that eventually all pupils, including those in special education, are expected to demonstrate proficiency in mathematics, reading, and science.

Implications

• If a school fails to demonstrate adequate yearly progress for three consecutive years, the local school district is required to offer supplemental instructional services such as tutoring, after-school classes, and summer programs. This allows for more one on one time with the teachers which means better education.

Pillars of Education

• Parental Participation - The bill states that parents must be informed of individual school performance and the qualifications of teachers.

• Appropriate Evaluation - The bill states that Annual testing of children in Grades 3 through 8 is required, with students in Grades 10 through 12 assessed at least once.

• Least Restrictive Environment - Greater emphasis will most likely be placed on ensuring that pupils in special education are exposed to the general education curriculum.

• Individualized Education Program - Putting more attention on aligning IEP goals with the general education curriculum.

Education of the Handicapped Act Amendments

1986

The proceedings:

• It forces states to allow free public education for children between 3 and 5 who are disabled.

• This bill is unique because it prioritizes the importance of early intervention for children with special needs.

Implications

• The main goal os this law was to improve services for children with special needs and their families. It requires states to provide free public education for disabled children(3-5). A new part of the law provided funds for infants and toddlers with disabilities and their families. This part was to give them services from birth until the age of two.

Pillars of Education

• Zero Reject - This bill states that the government is not allowed to discriminate as long as the child is disabled and at the age limit.

• Free and Appropriate Public Education(FAPE) - The government has to take care of all the costs that is needed for these families.

• Nondiscriminatory and identification and evaluation - No child is allowed to be turned away because of discrimination or identification.

Individuals with Disabilities Education Improvement Act (IDEA)

2004

• Some of the main goals of PL 108-446 was to improve academic performance of students with disabilities. They also wanted students with disabilities to become better aligned with general education. They did not want those students to be left out of the general education, and high standards. Furthermore, they wanted IEPs to become more effective and efficient for students. Lastly, they wanted students with disabilities to receive support from services at a younger age.

• Something that makes PL 108-446 unique is how they wanted to put an emphasis on results. This bill made schools use data and use the data to make decisions.

This bill in particular helped younger students a lot because it made the schools give them the services they needed at an earlier age. This also helped parents by allowing them to become more involved in their kids future planning.

This law addressed many different pillars of special education.

• Parent and Student Participation and Decision Making. This law allowed parents to become more involved in decision making for their kids.

• Least Restrictive Environment (LRE). This law made it an expectation for students with disabilities to be involved in general education. This allowed for students to succeed in what environment suited them the best.

• Nondiscriminatory Identification and Evaluation. This law made it mandatory for schools to put an emphasis on data. With data being used, it is much harder to discriminate, and easier to evaluate students effectively.

Individuals with Disabilities Education Act (IDEA)

1982

The Proceedings:

• This law accomplished that not all schools have to maximize a student's potential. It instead made a baseline for all student's education standards. It also created a more educational benefit for students instead of demanding higher achievements for all students.

• This law is unique because it defined the standard for Free Appropriate Public Education, along with realizing that educational benefits can be more practical for students.

Implications:

• This benefited students because although the education does not have to be the best possible, it has to meet the standards that fit the students. It also benefited teachers because it gave them guidance on how to create an IEP with less legal issues. It also helped parents understand what to expect from differing educational services.

Pillars of Special Education

• Individual Educational Programs. The case allowed students to have an educational benefit instead of having to have the highest achievement. This allows students to have an individual plan that benefits them the most.

• Free Appropriate Public Education. This case made clear that the student's education must be suitable for a good education, it does not have to maximize the student's potential.

• Least Restrictive Environment. The cases rulings allowed students with disabilities to be educated in a way that benefits them.

Individuals with Disabilities Education Act (IDEA)

1997

The proceedings

• This bill accomplished better integration in to the classroom by putting up benchmarks for the students and by adding sssistive technology determining the needs of each learner.

• This bill is unique because it requires students to participate in state and district assessments.

Implications

• This law helps students and families by providing better planing and services at the schools.

Pillars of Special Education

• Least Restrictive Environment - Orientation and mobility included as a related service

• Free Appropriate Education - Students expelled or suspended from school are still entitled to receive services in accordance with their IEP

• Individualized education Plan - General educators required to participate on individualized education program team

• Procedural Safeguards - Meditation is allowed to solve problems and disputes.

• Due Process - Bill states that "Pupils who violate student code of conduct may be removed from their current educational placement only

  after a due process hearing"

Individuals with Disabilities Education Act (IDEA)

1990

The Proceedings:

• IDEA ensured that children with disabilities have the right to a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE). It emphasized inclusion, individualized education, and the provision of necessary services to meet each child's unique needs. It introduced the term “individualized education program” (IEP) and broadened the scope of disabilities covered under the law. Additionally, it included the transition planning services to prepare students for life after school.

• It was one of the first federal laws to outline specific legal rights for children with disabilities and their parents, mandating educational equality and non-discrimination. IDEA expanded the coverage of special education services to include not just children with visible physical disabilities but also children with less apparent learning disabilities and developmental delays.

Implications:

• Students: IDEA provided students with disabilities access to the same educational opportunities as their peers, customized support, and accommodations to help them succeed academically and socially.

• Parents: It gave parents legal rights and a voice in decisions regarding their child's education, such as participating in IEP meetings and providing consent for services.

• Teachers: IDEA offered teachers clear guidelines on how to provide accommodations and modifications to meet the diverse needs of students with disabilities. Additionally, it increased funding for teacher training in special education practices.

Pillars of Special Education

• Free Appropriate Public Education (FAPE): Ensured that all children with disabilities are entitled to receive an education that meets their individual needs at no cost to the family.

• Least Restrictive Environment (LRE): Required schools to educate children with disabilities alongside their non-disabled peers to the greatest extent possible.

Daniel R.R. Case

1989

Proceedings

• This case accomplished the clarification of application for the Least Restrictive Environment principle. It gave guidance on how to determine the LRE for students with disabilities.

• This case is unique because it gives a very detailed and in-depth framework on how schools should approach Lest Restrictive Environments for students.

Implications

• Students. This helped students with disabilities because the case enforces that students should be educated in the Least Restrictive Environment. This allows students to get into an education plan that is fit to educate them the most effectively.

• Parents. This helped parents because it clarified that they have a right to get their kids placed into a least restrictive environment. It gave them legal ways to advocate for their child to get educational benefits.

• Teaching Services- This helped teaching services because it gave them an outline on how to best implement LRE into their school.

Pillars of Special Education

• Least Restrictive Environment. This case demonstrates LRE because it gives a framework to see if a student should be in an LRE or would be more suitable in a more restrictive classroom.

• Free and Appropriate Public Education. This case demonstrates FAPE because it includes being educated in the Least Restrictive Environment if appropriate.

• Parent and Student Participation and Decision Making. Parents are given a better understanding with the framework that comes out of this case. With a better understanding and a clearer framework, they can advocate for their children more effectively.

The Oberti test

1993

Proceedings

• This case accomplished students with disabilities to be able to work alongside students who were not disabled. Students with disabilities should be educated in the least restrictive environment because inclusion is a right.

• This case is unique because of its stance on inclusion. This case made inclusion a right and allowed students with disabilities to work in an environment that is the least restrictive.

Implications

• Students. This case benefitted students with disabilities to be educated in general education classes. This social and academic inclusion gave students a Least Restrictive Environment.

• Parents. This case helped parents understand inclusion in the classroom better, and by understanding it better they could now make sure that it was happening.

• Education Services. This case helped schools by giving them a guideline on how to integrate inclusion into their classrooms and schools.

Pillars of Special Education

• Least Restrictive Environment. The cases result made inclusion in the classroom standard and the first option. They also created a framework to evaluate students with disabilities to see if putting them in a general education class is appropriate.

• Free and Appropriate Public Education. This cases result ensures that students with disabilities have access to benefit from general education if they meet the standard.

• Zero Reject. Schools cannot deny a student from attending general education. This case made inclusion a right.

Cedar Rapids v Garret F

1999

Proceedings

• This case accomplished that schools have to provide health- related services under FAPE. The decision on this case established that related services for students with disabilities can include medical and nursing care that are needed for the student to attend school.

• This case is unique because it expanded what is included and appropriate under FAPE. Furthermore, it made mandatory on how students who need medical support and care in education will get it.

Implications

• Students - This benefited students' by making it mandatory that students with health-related needs can get it. Receiving these services can allow the student to fully participate in the classroom.

• Parents - This case benefitted parents' by helping them give the medical support they needed to provide for their child.

Pillars of Special Education

• Free and Appropriate Public Education. This case made clear that schools must provide not only educational support, but also necessary health- related services.

• Zero Reject. This case ensures that students with disabilities, who require health related services, cannot be denied participation in school. This is closely related to the Zero Reject pillar.