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Plessy Vs. Ferguson
Legislation gave states immunity when dealing with race. The only requirement was for facilities to be equal. This case started the "separate but equal" ruling. Courts decided on a 7 to 1 vote that this was acceptable. This is important because it showed that legislation was agreeing to something so wrong, segregation. The case was based on race but also applied to persons with disabilities. -
Brown Vs. Board of Education
This called for the desegragation of all public school systems. Once again, the main concern was for the races but it also provided equal rights for all American children, including those with disabilites. Courts said that separate facilities were unequal therefore it was unconsitutional. All forms of segregation were then deemed illegal. This is important because it elimintated segregation against persons with disabilitites in the school systems. -
Rehabilitation Act of 1973
An act that prohibits the discrimination of persons with disabilities in all programs that are funded by our federal agencies. This prevents discrimination in the job force as well as equal protection for all Americans. This inclused the schooling systems to prevent any type of discrimination agains students with disabilites during school. -
Section 504 of the Rehabilitation Act
The 1st civil-rights for persons with disabilitites. Covering any type of program, event, or activity that receives federal funding. This gave persons with disabilities rights similar to those of minority groups in America. Now by law persons with disabilities cannot be discriminated against in any way, time or place. No exceptions. -
FERPA (Family Educational Rights and Privacy Act)
Gives students and parents access to all educational records as well as the protection of confidentiality. Parents can review all school records without delay and prior to any meetings (IEP). Only authorized people can have access without parental permission. Parents must be informed of all additions or deletions on record. This is important because it added confidentiality for ALL students, not just those with disabilitites. -
LRE (Least Restrictice Environment)
Students with disabilities will be placed in a general education classroom to the maximum extent appropriate in either public or private schools. LRE is very individualized and differs for every student. This is important because it includes students with disabilities in the general education classroom as much as possible. This helps to better their learning as well as bettering the life skills for the children in the general education class. -
FAPE (Free Appropriate Public Education)
Children 3-21 must be provided a free appropriate public education. The Board of Ed. Vs. Rowley (1982) stated that schools do not have to provide the maximum education possible but rather a "basic floor." An IEP team is responsible for determining what appropriate it for each student. This is important because "appropriate" can be interpreted in many different ways; hence, there is going to be a lot of controversy on what is. If a school can't provide they must pay for the student to receive it -
IDEA
All handicapped children are provided with: FAPE, Special Eduaction and Services to meet their individual needs, IEP, appropriate evaluation(no testing biases), LRE, and that their rights of student and parent are protected. This ensures that all rights are met when educating. Students cannot be denied of any rights and must be offered services that will meet their individual needs to better them as students. -
Rowley two-part Test (FAPE)
A "basic floor of responsibility" was established by the courts. Schools are not responisbile for providing the maximum level of services to meet the goals of the student. This raised a lot of issues between school and parents and the determining of what "appropriate" was. The IEP team is who determines what is appropriate for each individual. Results will vary because each person is different and requires different needs and accommodations. -
ADA (Americans with Disabilites Act)
Civil rights law that extends to ensure the protection that Section 504 didn't reach. The act adds protection for: persons with HIV and tuberculosis, employment, public services, public accommodations, private schooling, telecommunications, and further future discrimination. This is important because it extends out to help protect those individuals that were slipping through the cracks of Section 504 protection. -
NCLB (No Child Left Behind)
The goal of NCLB is to "level the playing field" in education using: scientifically based research, highly qualified teachers, and national standards. It is important because it made Special Education classrooms across the nation step up their requirements in order to reach the new standards being demanded. Teachers now have to push all students as far as they can go to reach ultimate achievement rather that not pushing children in special education programs.