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Rights Of Students With Disabilities Essay

1399 words - 6 pages

In todays society the legal system has put various laws in place to protect the rights of students with disabilities. With changes, comes challenges. Although special education has come a long way and has made significant improvements, there have also been many difficulties. These challenges alone make an impact on the ability to successfully merge into better educational opportunities for students with disabilities. These challenges include increased isolation. Although public schools are required to provide students with a free and appropriate education, many do not provide students with a learning environment conducive for them to be successful at their individual level. Many are placed in isolation. This not only affects students, but the teachers and parents as well. Parents also have rights to protest decisions and be included during the decision making process. If a school or district does not follow these laws, they can face very serious consequences. In the cases of Honig vs. Doe and the educational system violated the Education Handicap Act by failing to provide the students a Free Appropriate Public Education.

Honig vs Doe
The laws for students with disabilities are put into place to ensure that students with disabilities are able to receive an appropriate education. When school districts do not enforce the laws parents and advocates have the right to seek help from the legal system regarding these matters. In the case of Honig vs Doe the parents felt that the school system violated the students rights to a free and appropriate education (FAPE) under the Education Handicap Act (EHA). Many questions arose as to the students conduct towards others being dangerous. The school district felt that the student conduct violated their district policy and extreme measures needed to be taken.
In the United States alone, there have been many historical events that have affected special education in public schools today. The Elementary and Secondary Act of 1965 was one of the first legislature that recognized individuals being treated differently due to a disability. From this, Congress did not mandate a law to educate students with disabilities, but instead created a Bureau of Education for the Handicapped, which is now referred to as the Office of Special Education Programs (OSEP).
In 1975, a law was enacted which forever changed the education of individuals with disabilities. The Education for All Handicapped Children Act (EHA) was passed which prohibited school districts to discriminate against students with disabilities. Before the passing of this law, there were not many choices for individuals with disabilities as many did not have access to an appropriate education. Depending on the severity of the disability, some individuals were either home schooled, did not receive an education, or were institutionalized (Special Education Advisor, 2010). The enactment of EHA in 1977, paved the way for education for individuals with...

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