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Special education in the United States enables students with exceptional learning needs to access resources through special education programs. "The idea of excluding students with any disability from public school education can be traced back to 1893, when the Massachusetts Supreme Court expelled a student merely due to poor academic ability". [1]
IDEA 2004 and the accompanying regulations most clearly reflect the focus on the future through the many uses of the word “transition” when it comes to directing the high school education and activities of children with disabilities: transition, transition planning, transition assessments, transition services, transition service providers.
In previous years, students in the United States who have been diagnosed to have intellectual disabilities (ID) cannot have access or have difficulty having access to post-secondary education (PSE). One significant reason why these students have been marginalized from continuing their education is their being denied federal student aid.
"No otherwise qualified individual with a disability in the United States . . . shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance . . . .". 29 U.S.C. 794(a).
Because the law does not clearly state to what degree the least restrictive environment is, courts have had to interpret the LRE principle. In a landmark case interpreting IDEA's predecessor statute (EHA), Daniel R.R. v. State Board of Education (1989), it was determined that students with disabilities have a right to be included in both academic and extracurricular programs of general education.
FAPE is a civil right rooted in the Fourteenth Amendment of the United States Constitution, which includes the Equal Protection and Due Process clauses.. FAPE is defined in the Code of Federal Regulations (7 CFR 15b.22) [6] as "the provision of regular or special education and related aids and services that (i) are designed to meet individual needs of handicapped persons as adequately as the ...
Inclusion has different historical roots/background which may be integration of students with severe disabilities in the US (who may previously been excluded from schools or even lived in institutions) [7] [8] [9] or an inclusion model from Canada and the US (e.g., Syracuse University, New York) which is very popular with inclusion teachers who believe in participatory learning, cooperative ...
Disability rights advocates Patrisha Wright of the Disability Rights Education and Defense Fund (DREDF), and Evan Kemp Jr. (of the Disability Rights Center) led an intense lobbying and grassroots campaign that generated more than 40,000 cards and letters. After three years, the Reagan Administration abandoned its attempts to revoke or amend the ...