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Special Education: The Individuals with Disabilities Education Act (IDEA
The Individuals with Disabilities Education Act (IDEA): Special Education
The Individuals with Disabilities Education Act (IDEA)
What is the most significant way that federal regulations within IDEA give direction to solving the increasingly complex issues surrounding special education? Is there case law to support your response?
The IDEA provides a set of regulations geared at ensuring that eligible students with disabilities have access to educational facilities just like other children their age, and that they are not victimized for their handicaps and disability. These regulations are scattered across multiple areas including discipline, enrolment, individualized education programs, assistive technology services and so on. Basically, these regulations are geared at ensuring that children with special needs have access to a free and appropriate public education within the least restrictive environment. The most significant avenue through which the IDEA uses these regulations to resolve the complex issues surrounding special education is the court system. The Act provides legal ramifications for aggrieved students and their parents, who may feel that the regulations provided by the IDEA have been violated, and their rights guaranteed...
The court will often argue the facts of the case out and then provide new directions or reinforce existing ones with the aim of ensuring that the subject's legal rights are upheld.
There are numerous examples of cases demonstrating how the court system has been used to provide direction to parents, schools and school districts on the complex issues surrounding the education of children with special needs. One perfect example is the case of T.K and S. K. vs. New York City Department of Education (2011). In this case, a disabled student brought suit against the department for its officers' failure to remedy harassment and bullying from peers based on her disability. The federal district court directed that school districts have a duty to investigate bullying or harassment allegations reported to have been committed against a student with special needs on the basis of her disability, and to consequently put measures in place to prevent a reoccurrence of the same. These duties of a school hold regardless of whether or not the school has an anti-bullying policy. The court further directed that such issues be given precedence in PPT meetings as they affect special education students' abilities to receive proper education.
Another illustration is that of Honig vs. Doe (1988), where…
References
Weishaar, M. K., Weishaar, P. M. & Borsa, C. (2014). Inclusive Educational Administration: A Case Study Approach (3rd ed.). Long Grove, IL: Waveland Press.
Wilson, C. M. & Horsford, S. D. (2013). Advancing Equity and Achievement in America's Diverse Schools: Inclusive Theories, Policies and Practices. New York, NY: Routledge.
Individuals with Disabilities Education Improvement Act (IDEA) of 2004 and the No Child Left Behind Act of 2002 (NCLB) "require that students with disabilities have equal access to general education curricula and contexts," (Simon & Black, 2011, p.160). These two laws provide the fundamental backbone of inclusive education. However, educators need support in order to comply with these two federal regulations. The Differentiated Accountability Program (DAP) serves that function.
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'
No Child Left Behind Act Both the No Child Left Behind Act and the Individuals with Disabilities Education Act (IDEA) are fairly controversial pieces of legislation, particularly in the varying realms of public education that they affect. The former of these acts mandates that public schools must give yearly, standardized assessments of their students. The results of these assessments is largely the basis for federal funding to these schools. IDEA mandates
It is also worth noting that the evolving nature of special education can be attributed to the cultural changes, family values, and civilizations taking place. Research attitudes towards people with special educational needs exhibit considerable variation as one move from one culture to the other. Findings show that people of different culture may perceive the similar conditions differently. For instance, Yoruba perceived that albinism as a punishment from God (Wilson,
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 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