Jessica Yoakum
Education Specialist

•  History

  • History- Brown vs. Board of Education was a foundational case that created a civil action lawsuit. This led to the identification of the effects of segregation itself on public education.

  • Discrimination- The types of discrimination are exclusion and misclassification. These deny the students their educational rights due to incorrect misclassification. There are also different models that represent the reasons for past discrimination.

  • Nature of Rights- Students and people with disabilities are granted the rights of SPED entitlements as a positive right (benefit such as cash and healthcare) and antidiscrimination as a negative right (protects rights against others. Sect 504 of Rehab Act.)

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• IDEA

  • Organization of the IDEA- Part A- Provides 8 solutions to the two barriers which impede the implementation of the IDEA. These two barriers include expectations and evidence-based research.

  • Definitions of a child with a disability (categorical and functional approach), free appropriate public education, special education, supplementary aids and services, and ward of the state.

  • Services for children birth to age 3.

  • Six principles (zero reject, non-discriminatory evaluation, appropriate education, LRE, parental involvement, and due process.

 

• Safeguards

  • Procedural Safeguards- Parents have the right to due process. The special educator administrator intervenes and if no agreement is found in the due process hearing, the case would then go to the state superior or the federal district court.

  • NCLB-AYP- year by year a higher percentage of students need to be proficient. Each state can set its own standards. All students must be test and results reported through subgroups. Alternative achievement standards apply to only those with cognitive disabilities.

  • Section 504 of the Rehabilitation Act- Handicapped persons should be identified by other school personnel and given appropriate education.

 

Special education law is still in its early stages of development. Brown vs. Board of Education laid a foundation for those who were not provided an equal education through the public school system. Discrimination has been a fight for advocates and those with disabilities through each law that has been passed.  There have been studies conducted which created various models of discrimination to help remediate disabled students need to be in the classroom. The organization of the IDEA and its parts evolved these ideas and provided more protection for these students.  The six principles flow together as a process to help schools provide students with services. Definitions also provide a categorical and functional approach in identification. When a non-discriminatory evaluation is completed, and the parents do not agree with the decision then due-process is enacted. Due process starts with the school administrator then goes to the state superior or federal court.  Through Section 504 of the Rehabilitation Act students who have a handicap are provided with an appropriate education in the general education setting. Other school personnel is required to identify children who show a handicap.  The origins of special education are evolving through these processes and laws which are created as time and needs are presented.

 

McLaughlin, M. J., & Ruedel, K. (2012). The school leader's guide to special education.Bloomington, IN: Solution Tree Press.

 Turnbull, H. R., Stowe, M., & Huerta, N. (2007). Free appropriate public education: The law and children with disabilities. Denver, CO: Love Publishing Company.