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I know we were told to choose cases as early as 1960, but this case led to one of the most important Acts of 1990. This case was started by Oliver Brown who filed a lawsuit against the Board of Education after his daughter, Linda Brown, was denied entrance to Topeka's all white elementary school. He stated that schools for black children were not equal to the white schools, and that segregation violated the so-called "equal protection clause" of the 14th Amendment.
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How Brown vs Board of Education started
https://youtu.be/g41X6_XY1rQ Throughout U.S history, states consistently and routinely enacted state statutes and regulations that allowed school officials and administrators to exclude children with disabilities from receiving public education. All of this changed with the landmark U.S. Supreme Court decision, Brown v. Board of Education, 347 U.S. 483 (1954).
References:
Brown v. Board of Education, 347 U.S. 483 (1954) -
This case ruled that segregation within public schools was illegal which in turn ended segregation based on race. It determined that providing separate education facilities based on race was unequal & violated the equal opportunity & due process clause of the 14th Amendment. This ruling supports the needs of students with disabilities by contributing to the creation of the 1965 Elementary & Secondary education Act which was later named, 'Individuals with Disabilities Education Act."
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Under the IDEA, all public schools that accept federal funding must provide a free appropriate public education for children with disabilities. IDEA also requires that each child with a disability have an “individualized education program” (IEP) that must be implemented in the “least restrictive environment” (LRE). One of the very first cases that addresses the term “appropriate” is Board of Education v. Rowley, 458 U.S. 176 (982).
References
Board of Education v. Rowley, 458 U.S. 176 (1982) -
https://youtu.be/ZnMf1rzGzIg While enrolled in school a deaf student Amy Rowley's was denied
sign language interpreter to assist with her studies. Her parents filed a lawsuit stating her rights from Education for All Handicapped Children Act of 1975 was violated. -
https://youtu.be/koh5PiiK8qM
This case began when a 17 year old boy was expelled from school due to his significant challenges in his ability to control his behavior, impulsivity and anger towards others. His grandparents objected stating he was subjected to school disciplinary actions including expulsion, without the right to due process under the IDEA. -
Under the IDEA, all public schools that accept federal funding must provide a free appropriate public education for children with disabilities. IDEA also requires that each child with a disability have an “individualized education program” (IEP) that must be implemented in the “least restrictive environment” (LRE). One of the very first cases that addresses the term “appropriate” is Board of Education v. Rowley, 458 U.S. 176 (982).
References
Honig v. Doe, 484 U.S. 305 (1988) -
Since its creation, it promotes research and technology development, details on transition programs for students post-high school and programs that educate children in their surrounding schools.
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As such, the ADA and IDEA’s core is as much shaped by respect for human diversity as they are aimed at eradicating discrimination in society. The IDEA and ADA reinforce that support for human diversity is central to the opportunity for inclusion and participation in education, employment, and community living, and must be accompanied by changes or accommodations by society itself.24
References:
LISA SCHUR ET AL., PEOPLE WITH DISABILITIES: SIDELINED OR MAINSTREAMED? (2013) -
This law prohibits discrimination on the basis of disability. The benefits of this act is that businesses or corporations must provide accommodations accessible to individuals with disabilities.
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Individuals with disabilities are to have a meaningful say over their life decisions. In the areas of self reliance, dignity, and independence, Olmstead is giving voice to questions about the widespread use of overly-broad and unnecessary guardianship (“substitute decision-making”) in an individual’s “best interests.”55
References
Substituted Decision Making as a Violation of the Integration Mandate of Title II of the Americans With Disabilities Act, 81 U. COLO. L. REV. 157 (2010). -
Students with a disabilities are provided with Free Appropriate Public Education (FAPE) that is tailored to their individual needs.
