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A student, Diana, who attended, Soledad Unified School district in California was having academic difficulty. Through testing it was found she had a low IQ and was placed in a EMR classroom along with other students.
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The court ruled that students need to be tested in their native language. All the students were retested in their native language that were in EMR classrooms. California legislate passed a law stating that test scores should be supported by children's cultural background and academic achievements.
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IQ test are not the only way to test a child for educational placement in school.
The article, No Child Left Behind, discusses the advantages of ELL students and the different ways they can be tested in their own language with support
https://www.colorincolorado.org/article/no-child-left-behind-and-assessment-english-language-learners -
Two children, Smith and Doe, were permanently suspended from their school for disruptive behavior in San Francisco.Their behavior was later identified as a emotional disability.
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U.S. court ruled that the school had violated the Education for All Handicapped Children Act (EAHCA), when the children were suspended for their volatile behavior
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U.S. court district should provide a education and cannot suspend without proper notice to parents or to have a student placed in another school setting that are not using IDEA procedures. An example of this: An autistic child has the right to have a education regardless of their behavior, whether it is mild or severe.
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The video, What Can We Do With Disruptive Children, discusses that all students need a education, no matter what. Students should be given every opportunity where they are located for a education. https://www.youtube.com/watch?v=lXSJKIRpmHs
Breeze, D. (Dec. 5, 2017) What can We Do With Disruptive Children?. Ted Talks -
Garrett F's parents argued that IDEA (Individual Disability Education Act) should cover all financial responsibilities and nursing care for their son, who was a quadriplegic while he was in school. In fifth grade, the school refused and it was bought to court
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Although the school argued that IDEA did nit cover the requests that the parents wanted for their son, the court disagreed. On March 3, 1999, the court ruled that school have to provide services to disabled students that require nursing services during school.
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By IDEA giving Garrett the ability to receive nursing care while in school, he was able to go to school with his peers and get the education he deserved.
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On Christopher and Dana Reeve website there is a article, Education for Children Living With Paralysis. This article outlines the important of IDEA and what support it covers and other areas for the rights of students to age 22.
https://www.christopherreeve.org/living-with-paralysis/for-parents/education-for-children-living-with-paralysis-1hristopher and Dana Reeve Foundation. Education for Children Living with Paralysis. (2020) Retrieved from https://www.christopherreeve.org/