Clark County School District (NV), when it reversed a lower court and ruled that school personnel do not have immunity. This allowed parents to hold teachers and administrators financially liable when their child's right to FAPE is violated. While other rulings required schools to pay for private education or expensive programs such as Applied Behavioral Analysis, these rulings magnify school districts' needs to provide FAPE for all special education students. Such rulings make it clear that personnel, schools and districts must be diligent about complying with federal special education regulations. The three sets of laws -- IDEA, 504, and ADA, certainly create a complex web of rues, parents have considerable rights, including making a formal complaint to the Office of Civil Rights (Zirkel, 2000). Parental remedies provided by law may include repayment of attorney fees, reimbursement...
And Herbst, Maria. 2004. "Minimize Litigation in Special Education." Intervention in School & Clinic, November.Gerl (2010) points out in his advocacy of metaphysics as a way of approaching the philosophy of special education that this helps to construct a legal perspective which is evolving in a way that is consistent with the evolution of ethical perspectives of human dignity, individual rights and the treatment of those with disabilities. While this strikes as relevant, Gerl even concedes that one may not be suited for
In their study, "Thinking of Inclusion for All Special Needs Students: Better Think Again," Rasch and his colleagues (1994) report that, "The political argument in favor of inclusion is based on the assumption that the civil rights of students, as outlined in the 1954 decision handed down in Brown v. Board of Education, which struck down the concept of 'separate but equal,' can also be construed as applying to special
Thus, efforts aimed at helping teachers to avoid harmful stereotyping of students often begin with activities designed to raise teachers' awareness of their unconscious biases." (1989) Cotton goes on the relate that there are specific ways in which differential expectations are communicated to students according to the work of: "Brookover, et al. (1982); Brophy (1983); Brophy and Evertson (1976); Brophy and Good (1970); Cooper and Good (1983); Cooper and
Special Education According to the Federal Laws of the United States of America, "Special Education means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability [IDEA 97-300.26(a)]." The revised statutes of Arizona defines a child with disability as "a child who is at least three but less than twenty-two years of age, who has been evaluated and found to have
In the past, students with disabilities tended to be isolated from their peers by Special Education paradigms that obliged them to receive learning in a physically isolated setting. Far from helping these children to achieve their full potential, such setups tended to stigmatize them, making, making it even more difficult to look beyond their ability for their own identity and how this could be applied for the benefit of society
S. Office of Education (Osgood 1999). Each federal act preceding the Education for All Handicapped Children Act freed up funds for special education training programs and for special education programs themselves. Moreover, the legislation raised awareness about the breadth and diversity of the disabled community and helped to reduce stigma. President Johnson followed well in the footsteps of his predecessor by establishing the Committee on Mental Retardation and helping to pass
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