Public Education Issues

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Courts and Public School Systems


The history of public school systems in the US shows that previously the children with disabilities were excluded from the right to public education. However, when voice was raised for the rights of these children a positive outcome for students with disabilities was achieved in the form of them having legal rights to education. The federal government responded to the earnest labors of teachers, parents, administrators, and Individuals with Disabilities Education Act (IDEA) WAS passed. With the legalization of special children's right to public education a remarkable progress has been made. This has resulted in these children's inclusion in public education system, now they are found in regular classrooms through to high school graduation. Moreover, IDEA is constantly revised to cater to needs of children with disabilities, and they are provided the protection of their rights.

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Section 504 of the Rehabilitation Act of 19732

Individuals with Disabilities Education Act (IDEA)3

How Can Special Rights Help Children with Disabilities in Public School Systems3



Courts and Public School Systems


Children with disabilities were barred from education because the State laws had given the public school districts the permission for their exclusion. These children could not attend school because they were believed to be unfit and unable to benefit from any education. Moreover, children with learning disabilities were given no special assistance, which resulted in their high dropout rates.

This was persecution against children with disabilities and was strongly met by the community and the affected families. Therefore, in the public school programs were expanded to include special children's education. Most of these special education programs were put in effect in the urban school districts.

In order to safeguard the rights of children with disabilities, special education policies and procedures framework was established in 1975. Thus, the Individuals with Disabilities Education Act (IDEA) for special education came into being, which protects the rights of special children (Bursztyn, 2006).


In the late 1960s, half of the US' disabled students still did not have educational facilities. These special children included those with severe cognitive, emotional, or physical disabilities and those with learning disabilities and mild emotionally disturbed behavior.

In 1971, the U.S. District Court of Eastern Pennsylvania issued an order which mandated that the State has to provide public education to children with mental retardation. Following the lead, the District of Columbia, in the case of Mills v. Board of Education, granted the legal right of ...
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