Individuals with Disabilities Education Act
One of the great benefits of living in America is the free education that the nation provides to its students. Whether one is poor, wealthy, Black, Mexican or White one has the same right to attend the schools in this country and do so without cost. For the average student with average or above average abilities that has always meant building a foundation for success, but until a decision called IDEA was implemented children with special education needs were given a substandard education that had no hope of leading to success. IDEA was one of the most important decisions that has ever been made in the United States school system. In 1960 a landmark decision was handed down that was founded in the attempt to end discrimination in the school districts against African Americans(Franklin, 2005). In that decision, Brown v Board of Education, the nation was ordered to stop treating African Americans differently than others were treated. Little did the nation know that decision would impact not only the education of African Americans but it would have a historic impact on the way special education students were to be educated in American public schools. The decision was prompted by the suit of one s
tudent who wanted to attend a school that was considered a "white" school. Any time a parent disagrees with a decision being made with regards to their child's education the parent has a right to appeal that decision and go through due process. Once the decision in the Brown case was decided it was only a matter of time until the special education population reaped the benefits of the decision as well. It must include the parents of the student, a teacher of regular education for the same grade level that the student is in, a special education teacher for the same grade level that the student is in and a representative from the school who has the power to make decisions for the school, (usually a principal or a vice principal). IDEAIDEA is arguably the most important decision that was ever made with regard to the education of special education students in the United States as it had a far reaching and historic impact on the quality and quantity of education that those student now receive. At other times it means the district must provide assistive technology for that student to be educated in a regular classroom(Lipsky, 2003). One of the most important aspects of IDEA was the order for students to be educated in the least restrictive environment. Due process involves a hearing with impartial education experts who hear both sides of the issue and make a determination(Dimattia, 1994). Telling a special education student to perform without accommodations is like telling a blind student to choose the blue crayon out of the box, or telling a child in a wheel chair to run the track(Dimattia, 1994). Another important aspect of IDEA is the rights of the parents. The same mindset went into the least restrictive environment aspect of IDEA. The student resided in Topeka Kansas and the case went all the way to the United States Supreme Court before being determined as unconstitutional to discriminate based on the fact that every student in this nation is to be considered equally(Franklin, 2005). IDEA's LRE provisions apply to students in private schools, institutions, or other care facilities, not just students in public schools (IDEA, [section] 1412(5)(B)). The protection mandates that accommodations be made so that the student will be included in a regular education setting as often as possible. The foundation of IDEA sets up 13 qualifying disabilities that include things like blindness, deafness, seizure disorders, ADHD, emotional issues and others that impair the student's ability to be educated in the same manner as the regular education students are educated.
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