Rights of Students Receiving Special Education Services

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by LindseyHelms
Last updated 6 years ago

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Rights of Students Receiving Special Education Services

Rights of Students Receiving Special Education Services

What has the Supreme Court said?

Time Line

1954

Brown v. Board of EducationAll people, regardless of race, gender, or disability, have a right to a public education.

1975President Gerald Ford signed the Education for All Handicapped Children Act, currently known as the Individuals with Disabilities Education Act (IDEA).

All children with disabilities have the right to an individualized education program (IEP), a free and appropriate public education, and be served in the least restrictive environment.

Close to 95 percent of students with disabilities are being educated in local general education schools, and 75 percent receive either full inclusion or a combination of inclusive and pull-out resource-room services (U.S. Department of Education, 2006).

IDEA 2004 allows for alternative models to identify learning disabilities, such as response to intervention (RTI).

In 2010–11, some 37 percent of all children and youth receiving special education services had specific learning disabilities (The Condition of Education 2013).

As late as 1975, up to half of the estimated 8 million children with disabilities in the U.S. were either being inappropriately educated or fully excluded from the public school setting (Pulliam & Van Patten, 2006).

1982

Board of Education of Hendrick Hudson Central School District v. RowleyStudents who qualify for special education services must have access to public school programs that meet their unique educational needs.

1984

Irving Independent School District v. TatroThe District must provide all support services necessary unless a physician is needed to provide the service.

1988

2009

Honig v. DoeIt removed a school’s unilateral authority to suspend or expel a student with an IEP for more than 10 days unless there is evidence of weapons, drugs, or serious bodily injury. schools shall not expel children for behaviors related to their disability.

Forest Grove School District v. T.A.IDEA allows reimbursement for private special education services, even when the child did not previously receive special education services from the public school.


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