Chapter 5 outline

Group 4 section B

EDU 655

School Law

Individuals with Disabilities

Overview
The chapter is focused on the federal laws which are designed to ensure children with disabilities
have their educational needs met. The federal government starting in 1975 have intervened and
worked with states in providing the guidance for how schools should meet the educational needs
of children with disabilities. Laws such as Education for All Handicapped Children Act
(EAHCA) began mandates which have gone through several amendments through the years.
Three main federal statutes protect these students: Individuals with Disabilities Education Act
(IDEA), the Americans with Disabilities Act (ADA), and the Rehabilitation Act of 1973 (Section
504). These were enacted to protect individuals with disabilities from discrimination and
provide them equal access to educational opportunities, facility utilization, and employment
opportunities in public school settings.
Landmark cases/Pertanent Legislation and Supporting Material
S-1 v. Turlington case
This case deals with expulsion was sought for the students with the weapon. There will have to
be a hearing in whether the conduct exhibited was related to his or her disability. The suspension
is allowed and a chance in placement to a more restrictive on is an option if the present
placement was inappropriate.
Honig V. Doe
This case found that states may not be removed with disabilities not remove students with
disabilities from the classroom for violent or disruptive conduct stemming from the students
disabilities. Schools can overrule if there are those who pose an immediate threat to school
safety. The students are allowed to suspend for up to ten days without an inquiry into whether the
students behavior was affecting the disability.
A child needs to meet certain conditions for them to be considered a child with a disability as
determined by IDEA and to be incorporated into the protective reach it offers. Schools are
encouraged to put these identified students into regular classrooms as often as possible and
keeping in mind that the least restrictive environment (LRE) is the goal for each identified
student. If a student is taken out of a regular education classroom the burden of proof that the
removal is beneficial to the student is on the school. Often when a case comes before a court
Oberti v. Board of Education of Clementon School District is the founding case that is referred to
when there is a question of the school made reasonable efforts of inclusion. IDEA also offers
guidelines when there is a disciplinary issue involving a student that may have a disability.
Though these students are not immune to discipline and the same consequences that fellow
students receive the guidelines offered by IDEA need to be followed and the question that needs
to be answered is if the behavior or misconduct is manifested because of the disability as referred
to in the S-1 v. Turlington case.

Application for Administrators and School Districts

Student Disabilities:
1. Ensure that children with disabilities are provided equal access to a public education.
2. Lack of funding should not deny children with disabilities a public education.
3. Clearly understand the difference between medical and related services.
4. All staff involved with children with disabilities should be involved in the individualized
education plan; know who will carry out related services; prepared to effectively work
with the students; and respect parental rights.
5. Children with disabilities should not be disciplined for behavior associated with their
disability; burden of proof comes into play when determining whether the misbehavior is
attributed to the disability.
Americans with Disabilities
1. No discrimination by employers with fifteen or more employees.
2. No segregation or limited job opportunities for individuals based on disabilities.
3. No standards or testing should be used to screen out individuals with disabilities unless
school authorities can demonstrate they are job related.
4. Protect the confidentiality of medical records for persons with disabilities.