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U.S Constitution
The U.S constitution is the law of the land. Any law that is created has to follow the constitution. The constitution consists of 7 articles and 27 amendments. Education is not specially stated in the constitution, but many 3 components have been identified to justify federal statues covering education and provide direction (Hulett, 2009, p. 4). The first component is in the first article. This article gives permission for the federal government to become involved for the “general welfare”. NCLB -
Plessy v. Ferguson
The decision in this case declared “separate but equal” It made it legal and ok to discriminate against those who are not “normal”. Plessy was an African American male, but these issues dealt not just with color but just differences between human beings. Separate but equal excludes students with disabilities from being with their peers. This case provided legal backing for segregation and discrimination based on individual differences (Hulett, 2009, p. 16). -
Council for Exceptional Children-CEC
CEC is the first, largest and most influential advocacy group for children with disabilities. It is best known for working with legislation. CEC played a major part of getting the IDEA passed and revised. They focus on making sure that the all children receive free and appropriate public education in the LRE. They strongly encourage further development in the field of special education and disability services. -
National Association for Retarded Citzens-ARC
ARC is very society based and looks at more than just education. It is best known for its litigation and created crucial precedents for people with disabilities. The group is service based and usually on a local level. Like the CEC, ARC played an important role in the creation of IDEA -
Brown v. Board of Education
This case changed society in so many ways. It ruled the separate but equal to be unconstitutional and called for all schools to become desegrated. This case opened the door for children with disabilities. It was the most referred to case from the civil rights movement when people with disabilities started to get legal rights in public schools. This case allowed “equal protection clause of the constitution an underlying principle for the education of all Americans.” (Hulett, 2009, p. 17). -
PARC v. Pennsylvania
13 school districts were being put on the spot by Pennsylvania Association for Retarded Citizens about denying students with mental retardation. PRAC argued that the school district was denying them their constitutional right to a public education. The result of this case mandated that all children have free public education available to them just like their peers who do not have a disability. This influenced the idea that all children have a constitutional right to public education.(20) -
Rehabalitation Act
The main part of the Rehabilitation Act is section 504. This part of the act protects people with disabilities from discrimination in areas such as; workplace, public schools and places that receive federal funding (44). This act is very similar to PL.94-142. One main thing that section 504 influenced in schools was its importance for accommodations and modifications. Students who fall under section 504 might not be in need of special education services. -
Public Law No. 94-142 (IDEA)
This law is known as the bill of rights for children with disabilities and their families (41). It states criteria to determine who is eligible and types of services that will be provided. There are six main pillars, the most important being; IEP, LRE and FAPE. These three pillars make sure that student is provided an education with his/peers without disabilities, their own individualized plan based on their specific needs and appropriate public education at no cost to the parents. -
Board of Education Henrick Hudson Central School District v. Rowley
This was the first and most significant case that looked at the term appropriate as a part of FAPE. The decision of the court was that schools do not have to provide the best of the best, but “basic floor or opportunity”. The services have to show that the child is making “some education benefit.” A two part test was created in order to make sure these areas met the FAPE mandate and are complying with the IDEA. -
No Child Left Behind
The goal of NCLB is to level the playing field in education (70). It is fairly debated and greatly affects students with disabilities. They are still required to participate in the regular assessments, but they are allowed to use accommodations. Only 1-2 % qualifies for alternative assessments. Some main points of NCLB are assessment, highly quality teachers, accountability by adequately yearly progress, and state standards. -
citaztions
Hulett, K. E. (2009). Legal aspects of speical education. Upper Saddle River,NJ: Pearson Education Inc.
