Here are some of the major legislation and judicial court cases that are influential to the progression to inclusion. 

 

 

 

 

 

-Civil Rights: (Brown vs. Board of Education)-

Upon the resolution of this court case, the Supreme Court declared it unlawful to discriminate arbitrarily against any group of people, this includes those with disabilities.

 

 

- Section 504 of the Rehabilitation Act:-

This act prevents discrimination against all individuals with disabilities that receive federal funds, public schools. Others may be entitled to supports.

 

 

-Americans with Disabilities Act (ADA)-

ADA farther extended rights, employers need to make reasonable accommodations for them, and transportation must be available to individuals with disabilities.

 

 

-Individuals with Disabilities Education Act (IDEA)-

significant provisions to previous acts, such as adding from birth to 5 to range of care. And also it provided more education pertaining to school to work transition.  Allow students with disabilities to spend their time in a general education classroom.

 

 

-No Child Left Behind (NCLB)-

Federal law insuring all students, even ones that live in poverty to share the goal of high education.  It mandates higher academic standards for all. This includes those with a disability.

 

 

-PARC-

Pennsylvania Association for Retarded Children vs. Common wealth of Pennsylvania. The resolution of this court case was that schools may not refuse to educate students with mental retardation. A free public education must be available to ALL students.

 

 

-MILLS-  

This case was taken to court because a 12 year old with behavior issues was denied proper education because of expenses. This was seen as a problem with the PARC ruling due to denying them a free public education.  It was clarified that provide accessible, free and suitable education for all children of school age regardless of disability. Provide all parties in the suit with publically supported education programs to fit their needs.

 

 

-Hudson-

This case involved how to resolve a conflict with an individual with a hearing impairment. This particular student needed a sign language specialist.  Sometimes accommodations can prove to be costly for schools. It was concluded that schools need to provide a sufficient education. But NOT always needing to be optimal or idealist.

 

 

-Daniel vs. Board-

Sought to resolve the confusion among appropriate placement in the classroom.  This included whether a student could: 1. Complete satisfactory work in general education classroom with supports or 2, mainstreamed too much where general education successful. Daniel who had Downs was NOT violated when moved out of general education after several unsuccessful attempts.

 

 

-Doe vs. Withers-

Withers, a high school teacher, refused to make an oral testing accommodation to a student with learning disabilities. Without this accommodation it resulted in failure and athletic ineligibility.  This court case showcased a general education teacher’s real responsibility for putting forth a good effort to account for other kids.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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**Friend, Marilyn Penovich, and William D. Bursuck. Including Students with Special Needs: A Practical Guide for Classroom Teachers. 6th

            ed. Boston: Allyn and Bacon, 1996. Print.