Americans With Disabilities Act in Education, Dr. W.A. Kritsonis, Public School Law

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Americans with DisabilitiesAct in Education

William Allan Kritsonis, PhD



Early Development Compulsory attendance laws

The exclusion of students withdisabilities

Parental advocacy

² Council for Exceptional Children,

1922

² Cuyahoga Council for Retarded

Children, 1933

² National Association for Retarded

Citizens (The ARC), 1950



Brown v. Board of Education

347 U.S. 483 (1954)After the decision in Brown, parents of

children with disabilities started to bring

lawsuits against school districts forexcluding and segregating children with

disabilities. The parents argued that, by

excluding these children, schools were

discriminating against the children becauseof their disabilities.

Case Law



³In these days, it is doubtful thatany child may reasonably be

expected to succeed in life if heis denied the opportunity of aneducation. Such an opportunity,

where the state has undertakento provide it, is a right that mustbe available to all on equalterms.µ

-Chief Justice Earl Warren-

Brown v. Board of Education



Pennsylvania Association for Retarded

children (PARC) v. Pennsylvania (343

F.Supp, 279, E.D. PA, 1972) ²U.S. District Court found that mentally

retarded persons are capable of benefiting

from education.

Mills v. District of Columbia Board of Education (348 F.Supp, 869, D.D.C. 1972)

²Students with disabilities must be given a

public education, and that financial limits

were a moot point in providing education to

the students

http://en.wikipedia.org/wiki/Mills_vs._Board_of_Education_of_District_of_Columbia

Landmark Cases



The Education of the Handicapped

Act of 1970 Section 504 of the Rehabilitation Act

of 1973

The Elementary and SecondaryEducation Act of 1965

The Education Amendments of 1974

Early FederalInvolvement



The Education for All

Handicapped Children Act of 1975 (P.L. 94-142)

Was to ensure access to public educationfor students with disabilities

Major Legislation



Nondiscriminatory testing, evaluations,placement and procedures

Education in least restrictive

environment Procedural due process

Free education

Appropriate education

EAHCA Mandates



1986

² The Handicapped Children·s ProtectionAct

² The Infants & Toddlers with DisabilitiesAct

1990

² TheI

ndividuals with DisabilitiesEducation Act

1997

² The Individuals with DisabilitiesEducation Act Amendments of 1997

Reauthorizations of the EAHCA



First special education case to goto the U.S. Supreme Court

Was a ´free appropriate

educationµ being given?

http://www.listen-up.org/dnload4/rowley.pdf

Board of Education v. Rowley

458, U.S. 176 (1982)



IEP

Mediation

Discipline

Attorney Fees

Charter Schools Manifestation Determination

I

DEA Amendments of 1997



The underlying theme of IDEA '97was to improve the effectiveness of

special education by requiringdemonstrable improvements in theeducational achievement of studentswith disabilities

The IDEA Acts Amendments of 1997



Controversial law

Aimed to improve performance of

schools

Give parents more flexibility inchoosing schools

Promotes a focus on reading

Highly qualified teachers

The No Child Left Behind Act of

2001



NCL B focuses on:a. Increasing the academic achievement of all public

school students

b. Improving the performance of low-performing schoolsc. Requiring schools to adopt scientifically based

instructional practices

NCL B accomplishes this by:a. Requiring states to measure the progress of students

and groups of students, including students withdisabilities, every year

b. Reporting the results of these measures to parents

c. Requiring states to set proficiency standards thatschools must attain within a set period of time

NCLB Accountability



To increase the academic

achievement of students in special

education ² Focus on writing measurable goals and

actually measuring them

² Focus on progress monitoring

To increase accountability for results

To streamline the special education

process

Focus of I

DEI

A 2004



Conduct relevant assessments of

students· educational needs

Monitor students· progress using

data- based formative evaluation

systems

Challenges to Special Education



Changes in Special Education Law

Individual andGroup Efforts

EAHCA

1974

IDEA 1990

IDEAA 1997

IDEIA 2004

Special education went from an issue of accessto an issue of quality.



After going through the history of howspecial education came to what it is today, I have a new appreciation for my husband.He is ´deafµ and I realize he did not receive ahigh quality education as it is given today.He is a good citizen and provider for hisfamily, but he missed out on quality skills.I have encouraged him to go to school andget more education so that him may work ina place that he has passion for. He is going,but it takes a little longer and we are all ok

with that. Special education has come along way since he has been in school.

Conclusion

Americans With Disabilities Act in Education, Dr. W.A. Kritsonis, Public School Law

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