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Before the 1950s, many students with disabilities were excluded from attending public schools.
Book: Teaching Students who are Exceptional, Diverse, and At Risk in the General Education Classroom -
In 1951 the first institution for research on exceptional children opened at the University of Illinois and began what was to become the newest focus of the field of special education: the slow learner and, eventually, what we know today as learning disability. Read more: Special Education https://education.stateuniversity.com/pages/2438/Special-Education.html#ixzz7WruepK84
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The first time the federal government had advocated for students who experienced inequality and prejudice at school, and it set the path for future legislation for individuals with disabilities.
Book: Teaching Students who are Exceptional, Diverse, and At Risk in the General Education Classroom -
Initiated the role of the federal government in protecting and providing for students from disadvantaged backgrounds so that they would have equal access to the public education system. Book: Teaching Students who are Exceptional, Diverse, and At Risk in the General Education Classroom.
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Pennsylvania Association for Retarded Children v. Commonwealth of Pennsylvania challenged the constitutionality of excluding individuals with mental retardation from public education and training. The state was not allowed to "deny to any mentally retarded child access to a free public program of education and training."
Book: Teaching Students who are Exceptional, Diverse, and At Risk in the General Education Classroom -
Another case in which a handicapped children had been excluded from public schools. Similar to the PARC case, this suit required the state to provide "adequate alternative education services" as well as "prior hearing and periodic review of the child's status, progress and the adequacy of any educational alternative."
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Section 504 of the Rehabilitation Act prohibits discrimination based on a disability in programs or activities receiving federal financial assistance including public preschool, elementary, secondary and postsecondary schools. https://disabilityrightsflorida.org/disability-topics/disability_topic_info/section_504_of_the_rehabilitation_act_of_1973
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On November 19, 1975, Congress enacted Public Law 94-142 in 1975, also known as The Education for All Handicapped Children Act of 1975. Congress intended that all children with disabilities would “have a right to education, and to establish a process by which State and local educational agencies may be held accountable for providing educational services for all handicapped children.”
https://www.wrightslaw.com/law/art/history.spec.ed.law.htm -
Clarified the definition of a free and appropriate public education (FAPE). The court ruled that P.L. 94-142 requires states to provide support for students to benefit from a public education at a level of that of nondisabled peers. Book: Teaching Students who are Exceptional, Diverse, and At Risk in the General Education Classroom
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Benefited individuals with emotional and/or behavior disorders who have academic and social problems. Ruled that schools could not expel children for behaviors related to their disability.
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Prohibits discrimination in the private sector and protects equal employments opportunities for people with disabilities, includes AIDS as a disability.
Book: Teaching Students Who are Exceptional, Diverse, and At Risk in the General Education Classroom -
The Education for All Handicapped Children Act (E A H C
A)(P.L. 94-142) was enacted in 1975.
In 1990, it was reauthorized and expanded as the
Individuals with Disabilities Education Act (I D E A).
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Requires students with disabilities to receive services even if expelled, allows use of developmental delay category through age 9, requires access to general education curriculum and state/district-wide testing, IEP team includes a general education teacher and a behavior plan (if warranted), offers mediation options, limits attorneys fees.
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Garret F. a minor and quadriplegic student in Cedar Rapids Community, required a wheelchair, dependent on a ventilator. Garret's family claimed that it was the school's responsibility financially to provide health care services for Garret during school hours, but the school declined to accept it. An Administrative Law concluded that the Individuals with Disabilities Education Act required the school district to provide "school health services." https://www.youtube.com/watch?v=36fZw-zip_A
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Increases accountability and flexibility in use of federal funds, offers school choice options, implements early reading interventions. Book: Teaching Students Who are Exceptional, Diverse, and At Risk in the General Education Classroom.
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The Individuals with Disabilities Education Act (I D E A), Education for All Handicapped Children Act (P.L. 94-142), and the Vocational Rehabilitation Act (P.L. 93-112) significantly improved opportunities for individuals with disabilities.
In 2004, it was amended by the Individuals with Disabilities Education Improvement Act (I D E I A).
Power Point and Book: Teaching Students Who are Exceptional, Diverse, and At Risk in the General Education Classroom. -
The Supreme Court decided that parents may pursue IDEA claims on their behalf independent of the their child's rights.