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This historical event in both law and education, set the foundation for all students to have access to a free and public education. Through this historical event, it was emphasized that segregated education of any kind limits learning and opportunities for students.
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On May 5th, 1972, the Pennsylvania Association for Retarded Children sued the Commonwealth of Pennsylvania claiming the state had denied the rights of mentally disabled children through their education laws. Ultimately, the decision was made that all states must provide free and public education to children with mental disabilities ages 6-21. Additionally, the right of parents participating in any educational decisions affecting their children was guaranteed.
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Section 504 of the Rehabilitation Act of 1973 is a civil rights law that prohibits the discrimination of any individual with a disability. Additionally, this section states that schools may be required to develop plans to meet the needs of student accommodations. This section is unique because it focuses on the lifespan of the individual rather than just their time in the school system.
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Public Law 94-142 requires that all schools which receive federal funding must provide for handicapped students. Additionally, protecting the rights, meeting the needs, and improving the results of toddlers, infants, and young children. Important programs, requirements, and support systems are protected under this law. Some examples include Free Appropriate Education (FAPE), Least Restrictive Environment (LRE), and the Individualized Education Program (IEP).
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In this historical event, the U.S Supreme Court interpreted PL 94-142 for the first time. As an outcome, a “appropriate” education for students with hearing impairments was decided. In this decision, it was ruled that an “appropriate” education for students is being given the opportunity to learn, not necessarily given the maximum educational opportunity for success.
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The main issue of this case was related to class placement and created a test to find the best fit environment for students with disabilities. This case is directly related to the least restrictive environment (LRE) requirement. The (LRE) states that if a student can make great enough progress in a general education class, while also being integrated into the class as much as possible, they are not to be removed from “regular” classes.
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The Americans with Disabilities Act (ADA) was passed in 1990 as a civil rights law. This law was designed to eliminate discrimination against people with disabilities. Additionally, this law was more inclusive as to who was protected under this act and overall broaden our view as to who not to discriminate against. It was required that employers, public, and private places that are open to the general public must make reasonable accommodations for people with disabilities. -
In this case, the parents of Oberti felt that the Clementon School District violated their child’s right to the least restrictive environment (LRE) requirement. The outcome of this case was that placement in a general education class with the help of aids and services must be offered before a student is placed in a more restrictive learning environment. All placements outside a general education class must be justified before doing so.
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Garret F. was a student who required medical assistance throughout the school day; the school district that he was a part of did not want to accept financial responsibility for his health services. The outcome of this case lead to expansion and clarification of related services, related services must now include and provide health care services needed for students to attend school.
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This impactful act was signed into law on January 2nd, 2002. This act authorized several federal education programs and focused on closing student achievement gaps. Other aspects that came out of this act were state testing and more opportunity when it came to parental choices in regard to their child’s education. -
The Individuals with Disabilities Act of 2004 mandated equality, accountability, and the best educational experience for children with disabilities. This act made several changes to past requirements and added some new requirements as well. For example there were several changes made to the IEP, there were new procedures when it came to handling a child’s discipline and ensuring that they’re still receiving the services they require, and the right of due process is mentioned in depth as well.
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This act was the reauthorization of ADA and became effective January 2009 but was signed into law September 25th, 2008. This act gave a more inclusive interpretation of the term disability and included additional body functions as part of this term. These changes were made to make it easier for individuals with disabilities to seek protection under this act.