Law and Litigation of Special Education

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Throughout history there have been changes in regards to the understanding of students with disabilities. “Among the most-longstanding and intransigent issues in the field, the disproportionate representation of minority students in special education programs has its roots in a long history of educational segregation and discrimination”( Choong-Geun, 2011). For example, people with disabilities were subject to slavery, physical abuse, sterilization and institutionalization and were a sign of shame. People at the time thought that infanticide and sterilization were the best options to deal with disabilities. Although this did not change for quite some time there were many laws and cases that got the ball rolling for people with disabilities.
Law and Litigation
It began with the 14th amendment, which was a way to grant slaves citizenship rights and stated that “nor shall any state deprive any person of life liberty or property”. This was the first step in getting rid of discrimination, which then led to the Civil rights act in 1964 that prohibits the discrimination on the basis of race color religion sex or national origin in a public facilities including elementary and secondary school, college or institution receiving public funding. Specifically in Title VI, it stated that a school district cannot non English speaking students need to be identified, are not to be put into a special needs class room, and need to have a tracking system for their progress which parents are notified for. This however only helped with discrimination and help national speaking student get an education.
The 1970’s era was a big deal for special education because that is when most of the laws and litigations were taking place. There was already the 14th amendment and Title VI was already in effect but the problem that began to form when officials were denying admission to any children who had not reached the mental age of a five year old by age eight. Although the parents of these... Read Full Essay

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Submitted by: lilly8992 on May 26, 2013Category: History Length: 1,165 wordsViews: 4

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