Students with Disabilities
MAE506 – Law and Ethics in Education
Dr. Anna Lint
December 23, 2013
The students were entitled to receive all the benefits of a normal student however the teacher played a big part in this role. With the numbers of students regular education teachers have and the demands made upon them, which they are not able to adapt their presentation of subject matter nor able to devote the time needed to a particular student or group of students. So with that being said, sometimes it is only so much a person can do without crossing any lines. The children are entitled to public assistance and even federal funding. FAPE must meet a student’s unique educational needs including: Mastery of academic subjects & basic skills; social, health, emotional, physical, & vocational needs & functional & self-help skills. The student has the right to assistive technology, non-academic services (counseling, athletics, transportation, health services, recreation, etc., physical education, residential placement, proper functioning of hearing aids, extended school year and transition services.
IDEA is directed primarily at the states, which are responsible for providing education to their citizens. The majority of the many rules and regulations defining how IDEA operates fall under six major principles that have remained basically unchanged since 1975 (Turnbull & Cilley 1999; Turnbull & Turnbull, 2000): Zero Reject – Schools must educate all children with disabilities. This principle applies regardless of the nature or severity of the disability; no child with disabilities may be excluded from a public education. The requirement to provide special education to all students with disabilities is absolute between the ages of 6 & 17. Nondiscriminatory Identification and Evaluation – Schools must use nonbiased, multifactored methods of evaluation to determine whether a child has a disability and, if so, whether special education is needed. Testing and evaluation procedures must not discriminate on the basis of race, culture or native language. All tests must be administered in the child’s native language and identification and placement decisions cannot be made on the basis of a single test score. These provisions of IDEA are known as protection in evaluation procedures. Free Appropriate Public Education (FAPE) – All children with disabilities, regardless of the type or severity of their disability, shall receive a free, appropriate public education. This education must be provided at public expense – that is, without cost to the child’s parents. An individualized education program (IEP) must be developed and implemented to meet the unique needs of each student with a disability. The IEP specifies the child’s unique educational needs, states present levels of performance, identifies measurable annual goals and short-term objectives and describes the specific special education and related services that will be provided to help the child attain those goals and benefit from education. Least Restrictive Environment (LRE) – IDEA mandates that students with disabilities be educated with children without disabilities to the maximum extent appropriate and that students with disabilities be removed to separate classes or schools only when the nature or severity of their disabilities is such that they cannot receive an appropriate education in a general education classroom with supplementary aids and services. IDEA creates a presumption in favor of inclusion in the regular classroom by requiring that a student’s IEP contain a justification and explanation of the extent, if any, to which a child will not participate with nondisabled peers in the general academic curriculum, extracurricular activities and other nonacademic activities (e.g., lunch, recess, transportation, dances). To ensure that in the least restrictive environment appropriate for her needs, school districts must provide...
References: http://www.learning.com, accessed December 2013
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Cedar Rapids v. Garrett. Retrieved December, 2013 from http://www.wrightslaw.com/law/caselaw/case_Cedar_Rapids_SupCt_990303.htm
Evans v. Board of Education Retrieved December, 2013 from http://www.wrightslaw.com/law/caselaw/case_Evans_Rhinebeck_FAPE.html
U.S. Department of Education (2007). Free Appropriate Public Education for Students with Disabilities. Retrieved August 2009 from http://www.ed.gov/about/offices/list/ocr/docs/edlite-FAPE504.html
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