STUDENTS WITH DISABILITIES

Students with Disabilities

TABLE OF CONTENT

SECTION I REVIEW OF THE COURT CASES3

SECTION II AMENDMENTS TO SUCH LAWS AS P.L.94-14210

SECTION III: NEED FOR REGULATIONS AT THE FEDERAL AND STATE LEVEL11

SECTION IV MOST RECENT FEDERAL REGULATIONS AND COMPARE THEM TO THE MOST RECENT STATE REGULATIONS.15

IN 1990 THE EAHCA WAS RENAMED THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA) TO REFLECT THE PREFERENCE FOR THE TERM "DISABILITY" OVER "HANDICAP." THIS IS ALSO THE LANGUAGE USED IN THE AMERICANS WITH DISABILITIES ACT (ADA).SECTION V: DISTRICT POLICIES AND PROCEDURES17

SECTION V: DISTRICT POLICIES AND PROCEDURES18

SECTION VI BELIEFS CONCERNING THE FUTURE OF EDUCATION FOR CHILDREN WITH DISABILITIES20

SECTION VII CONCLUSION AND RECOMMENDATION27

Students with Disabilities

Evolution Of Legislation For Students With Disabilities

Section I review of the court cases

(a)Brown v. Board of Education, PARC v. the Commonwealth of Pennsylvannia, Board of Education of the Hendrik Hudson Central School District v. Rowley, Honig v. Doe.

And now, this 7th day of October, 1971, the parties having consented through their counsel to certain findings and conclusions and to the relief to be provided to the named plaintiffs and to the members of their class, the provisions of the Consent Agreement between the parties set out below are hereby approved and adopted and it is hereby so ordered. And for the reasons set out below it is ordered that defendants the Commonwealth of Pennsylvania, the Secretary of the Department of Education, the State Board of Education, the Secretary of the Department of Public Welfare, the named defendant school districts and intermediate units and each of the School Districts and Intermediate Units in the Commonwealth of Pennsylvania, their officers, employees, agents and successors be and they hereby are enjoined as follows:

(a) from applying Section 1304 of the Public School Code of 1949, 24 Purd. Stat. Sec. 13-1304, so as to postpone or in any way to deny to any mentally retarded child access to a free public

program of education and training;

(b) from applying Section 1326 or Section 1330(2) of the School Code of 1949, 24 Purd.Stat. Secs. 13-1326, 13-1330(2) so as to postpone, to terminate or in any way to deny to any mentally retarded child access to a free public program of education and training;

(c) from applying Section 1371(1) of the School Code of 1949, 24 Purd.Stat. Sec. 13-1371(1) so as to deny to any mentally retarded child access to a free public program of education and training;

(d) from applying Section 1376 of the School Code of 1949, 24 Purd.Stat. Sec. 13-1376, so as to deny tuition or tuition and maintenance to any mentally retarded person except on the same terms as may be applied to other exceptional children, including brain damaged children generally;

(e) from denying homebound instruction under Section 1372(3) of the School Code of 1949, 24 Purd.Stat. Sec. 13-1372(3) to any mentally retarded child merely because no physical disability accompanies the retardation or because retardation is not a short-term disability.

(f) from applying Section 1375 of the School Code of 1949, 24 Purd.Stat. ...