Developmental Disabilities Act Case Study
The Developmental Disabilities Assistance and Bill of Rights Act, known as Public Law 101-496, is an amendment to Public Law 91-517 Mental Retardation Facilities and Community Health Centers Construction Act of 1963. This law has had numerous amendments over the years with the most recent being in 2000 transforming into Public Law 106-402. At any rate, Developmental Disabilities Assistance and Bill of Rights Act effect on education enables disabled students to be provided services and support in a mainstream education within their communities. Thus, shaping additional protective laws for disabled persons. According to Parry (2008), “From a rights perspective, the most lasting contribution of the Developmental Disabilities Assistance and
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The Rehabilitation Act’s most recent amendment that impacts education was in 1992. Notably, Section 504 addresses nondiscrimination for disabled persons. This means any agency that receives federal funding cannot deny a disabled student Free and Appropriate Education (FAPE) solely because of a disability. Section 504 of the Rehabilitation Act prevents schools from denying disabled students benefits from a program that received federal funding.
One of the ground breaking cases for this was Lydia Gaskin v. Commonwealth of PA, PDE. Lydia Gaskins was a disabled student in a local education agency within PA. The local education agency denied her free and appropriate education within a least restrictive environment solely based on her disability, according Public Interest Law Center of Philadelphia. The case went through litigation for over ten years ending in a settlement agreement. Unfortunately, the Department of Education in PA was found to be noncompliant with the consent decree and still ranks near the bottom nationally for least restrictive environment
The Rehabilitation Act’s most recent amendment that impacts education was in 1992. Notably, Section 504 addresses nondiscrimination for disabled persons. This means any agency that receives federal funding cannot deny a disabled student Free and Appropriate Education (FAPE) solely because of a disability. Section 504 of the Rehabilitation Act prevents schools from denying disabled students benefits from a program that received federal funding.
One of the ground breaking cases for this was Lydia Gaskin v. Commonwealth of PA, PDE. Lydia Gaskins was a disabled student in a local education agency within PA. The local education agency denied her free and appropriate education within a least restrictive environment solely based on her disability, according Public Interest Law Center of Philadelphia. The case went through litigation for over ten years ending in a settlement agreement. Unfortunately, the Department of Education in PA was found to be noncompliant with the consent decree and still ranks near the bottom nationally for least restrictive environment