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Though the supreme court case technically desegregated schools based on race, in the wake of the decision "the courts began to reaffirm the rights of minority citizens in a wide variety of settings," including the rights of children with disabilities. The decision sparked "supporters of people with disabilities...to translate abstract legal rights into tangible social action through the judicial system" (Educating Exceptional Children, 39).
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Federal legislation championed by President John F. Kennedy that "authorized funds for training professionals to work with children with special needs and for research and demonstration for students with intellectual and developmental disabilities and deafness." (Educating Exceptional Children, 34).
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Absence of funds can not be used as an excuse for failing to provide children with special needs educational services (Educating Exceptional Children, 39).
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This landmark court case decided that children with disabilities "could not be excluded from school and did have a right to free and appropriate public education" (Educating Exceptional Children, 38).
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Section 504 of this federal legislation prohibits barring participation from individuals based on disabilities. This section is valuable because it serves as a "bridge between general and special education," providing services for students who may not meet the stringent requirements of IDEA 2004 (Educating Exceptional Children, 36).
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Known as the "Education for all Handicapped Children Act," the measure was designed to ensure that "all handicapped children have available to them a free appropriate Public Education which emphasizes special education and related services designed to meet their unique needs" (Educating Exceptional Children, 34).
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Students can not be placed in special education without "adequate diagnosis that takes into account different cultural and linguistic backgrounds" (Educating Exceptional Children, 39).
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Special needs children who are also bilingual need "identification, evaluation, and educational procedures that reflect and respect their dual-language backgrounds" (Educating Exceptional Children, 39).
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The decision ruled that children with disabilities should expect appropriate, not optimum, levels of education. The case actually suggested that a limit to educational resources exists for children with special needs (Educating Exceptional Children, 39).
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The "Education of the Handicapped Act Amendments of 1986" expanded the 1975 law to incorporate handicapped children of all ages, with a specific focus on early intervention with younger children. The law allocated federal funds to states to develop plans and programs for children with special needs from birth on (Educating Exceptional Children, 35).
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Given in the wake of the Rowley decision, this case determined that services for exceptional children must be sufficient for beneficial education, even if not optimal (Educating Exceptional Children, 39).
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The 'ADA' expands the civil rights outlined in the Civil Rights Act of 1964 and extends rights to persons with disabilities. The act works to ensure that children with disabilities have equal access to educational resources as children developing typically (Educating Exceptional Children, 36).
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Students with disabilities are permitted to attend farther, nearby schools if their programs better fit the students' needs compared to the schools they would normally attend (Educating Exceptional Children, 39).
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It is the responsibility of the school district to determine whether the severity of a student's disability would be beneficial or disruptive in an inclusive class setting (Educating Exceptional Children).
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The chief legislation of George W. Bush's presidency, NCLB's main purpose was to "hold schools and educators responsible for bringing students to a minimum level of competency." Though it has benefited students with special needs by ensuring that they achieve proficiency like any other student, there is some concern that the act solely prepares students for a post secondary learning site rather than any other transitional goal. (Educating Exceptional Children, 36-37).
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The 'IDEA' was designed to strengthen and improve previous iterations of federal laws aimed at making special education better nationwide. These improvements include ensuring special education teachers have state certification and subject-matter competence, setting standards for IEPs (Individualized Education Plan), and including transition planning for students with IEPs aged 16 or older (Educating Exceptional Children, 35-36).
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Though the act was a stimulus economic program much broader in scope than just the sector of special education, it's important to note that it included one time financial grants to states under IDEA that gave early intervention programs millions of dollars in federal funds (Educating Exceptional Children, 38).
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A re-authorization of the 50 year old Elementary and Secondary Act, it was signed into law by President Obama to reaffirm the nation's commitment to equal opportunity for all students. It includes provisions that advance equity in disadvantaged and high-need areas, plans for low-performing schools, and more to push that commitment closer to a realized outcome.
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See the link below for a list of resources on a wide variety of different disabilities and impairments and how they can be accommodated for in schools and classrooms.
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