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In this case, it was argued that segregation, because of a person’s unalterable characteristics (race, disability, etc.) was unconstitutional. This case allowed for others to argue that students with disabilities have the same rights as their non-disabled peers. The Brown decision allowed for advocates and parents to argue that because education is so important in our society, a disability should not exclude a student from public education.
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Emotional Disturbance is one of the disability classifications listed under EHC, so students with this disability were entitled to its provisions. The six provisions of EHC include free appropriate public education, disability qualifications, nondiscriminatory assessment, least restrictive environment, individualized education programs, parent involvement, and procedural due process.
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A condition exhibiting one or more of the following characteristics
(A) inability to learn that cannot be explained by intellectual, sensory, or health factors.(B) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers.(C) Inappropriate types of behavior or feelings under normal circumstances.(D) A general pervasive mood of unhappiness or depression.(E) A tendency to develop physical symptoms or fears associated with personal or school problems. -
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It interpreted the Education of the Handicapped Act to prohibit state or local schools from excluding disabled children from the classroom for dangerous or disruptive conduct growing out of their disabilities. The child should remain in the current placement during any review of proceedings.
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This reauthorization expanded its list of services for students with disabilities on the IEP (individualized education program) to include social work and rehabilitation counseling. This addition means that students with emotional disturbance, a disability classification under IDEA, may now benefit from these services on the IEP
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he proposed definition and terminology are thought to be less stigmatizing, to emphasize disorders of emotions and behavior, and they include disabling disorders excluded in the federal definition. Notwithstanding widespread support from coalition members, federal language has not changed.
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In 1997, IDEA was reauthorized again to include a provision that addressed behavior infractions. Under this provision, a student cannot be expelled from school for misbehaving if the behavior is caused by his or her disability.
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As a result of the last reauthorization in 2004, IDEA was renamed the Individuals with Disabilities Education Improvement Act. Under this reauthorization, school districts could now opt to use a response to intervention system (RTI) to determine if a child has a disability that effects his or learning.
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The Act emphasizes that the definition of disability should be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA and generally shall not require extensive analysis.
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Senate Bill 100 explicitly requires that schools minimize exclusionary discipline practices such as suspension and expulsion, while increasing use of alternatives to suspension.