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
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
Special education is presided over by federal law in most educational jurisdictions. According to the Indviduals with Disabilities Education Act (IDEA), Special Education is defined as: specifically planned instruction used to meet the distinctive needs of a child with a disability, at no cost to the parents. This kind of service is in place to provide supplementary services, support, programs, specialized placements or surroundings to make sure that all students'
Special Education in the Context Of Education Reform This monograph by the Center on Education Policy (CEP) looks at how well three major Midwest cities -- Cleveland, Milwaukee and Chicago -- have been able to comply with the federal special education law IDEA. A guiding principle of this study is that "children placed in special education are general education first," emphasizing that both branches of education share responsibility for students with
Meanwhile, paraprofessionals and special education facilitators are available in greater supply and provide considerable relief to the burdens placed upon dedicated fulltime special education professionals (Suter & Giangreco, 2009). Whereas the traditional model of separate education for special-needs students requires that school systems rely on fulltime special educators and depends, necessarily, on their availability, that is not the case with inclusion programs. The inclusion of special-needs students within the regular
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