Understanding the Legal Framework

Author(s):  
Carleen Franz ◽  
Lee Ascherman ◽  
Julia Shaftel

This chapter describes the historical context of the legal basis of protections for students with disabilities by tracing civil rights and educational legislation of the last century. The Individuals With Disabilities Act of 2004 (IDEA) is described in detail, along with procedures and requirements for identifying students with Specific Learning Disabilities in school settings. The requirements for assessing, identifying, and qualifying public school students with learning disabilities are complex and time-consuming, which makes them difficult for families and nonschool personnel to comprehend. The Americans With Disabilities Act of 1990 and its 2008 Amendments Act are also described. A basic knowledge of relevant legal protections will assist the clinician to better support students and families.

2018 ◽  
Vol 17 (1-2) ◽  
pp. 31-52
Author(s):  
Carlos Muñoz

Abstract The Chicano/Chicana movement was a product of the global eruption that took place in 1968. A critical understanding of this movement requires that it be put into a historical context and theoretical framework of an indigenous people who were internally colonized by the expanding us Empire after the end of the us-Mexico War of 1846-48. Violent and nonviolent struggles took place prior to the 1960s over the issues of land, social justice, and civil rights. The first nonviolent and largest Mexican American mass protest in us history occurred in the Spring of 1968 in East Los Angeles, California, where over ten thousand Chicano high school students walked out of their inferior and racist barrio high schools. The student walkouts ignited the emergence of the Chicano civil rights movement. The movement’s positive contributions and failures will be discussed. Discussion will conclude with a critical analysis of Mexican American struggles in the present age of “Trumpism”.


Author(s):  
Carleen Franz ◽  
Lee Ascherman ◽  
Julia Shaftel

A Clinician’s Guide to Learning Disabilities provides succinct descriptions of the various types of learning disabilities that affect educational achievement, illustrated with numerous case studies. Clear descriptions of educational assessment best practices and score reporting simplify the interpretation of psychoeducational reports. An entire chapter on historical context and legal framework describes obligatory supports for students with learning disabilities in all settings. Chapters on preschool assessment and the transition to post–high-school college and career expand the scope of the book beyond the school years. Clinicians who work in nonschool settings view learning disorders through the lens of DSM-5. They may be surprised at IDEA requirements and how the law works to identify and serve students with learning disabilities. Clinicians may not be aware that DSM-5 is not familiar in the school setting and that their diagnoses and recommendations may not have their intended effect. Through detailed examination of relevant special education requirements and procedures, this text addresses and clarifies the confusion that clinicians and families often experience about the lack of diagnostic congruence and differing terminology between DSM-5 and IDEA. No other book describes learning disorders and the psychoeducational evaluation process for mental health clinicians who work with these children and adolescents. A chapter on referral and collaboration will inform clinicians who seek deeper educational knowledge about their clients to better guide students and their families.


1998 ◽  
Vol 64 (3) ◽  
pp. 407-418 ◽  
Author(s):  
Sarah S. Gronna ◽  
Amelia A. Jenkins ◽  
Selvin A. Chin-Chance

The purpose of this study was to examine the rate of participation of students with disabilities in a large-scale norm-referenced assessment. Hawaii uses the Stanford Achievement Test (Stanford 8) to assess 86% of public school students in grades 3, 6, 8, and 10. We found that roughly 66% of all students with disabilities were assessed in 1995. Fairly precise participation rates of students with disabilities in norm-referenced tests can be identified using state assessment and demographic databases, but there is difficulty identifying characteristics of those not assessed. Cross-sectional data are included for preliminary evaluation of mean reading score performance for high incidence categories (mild mental retardation, specific learning disabled, emotional impairment, and nondisabled groups) based on 1994 and 1995 data.


2012 ◽  
Vol 7 (1) ◽  
Author(s):  
Robin Ward McCartney ◽  
Donna Dugger Wadsworth

A visual instructional tool that is theory-driven and supported by evidence-based research is used to support student learning and information-processing. The graphic organizer has enhanced learning in Science Education as well as Special Education, emphasizing the construction of knowledge with meaningful sequential relationships rather than memorizing isolated fragments of information. Students construct a visual schema that represents a system of interrelated concepts and icons created by the learner. This article provides a description of a qualitative application of how students with disabilities are able to represent their ideas by assimilating subject matter and their personal perceptions of content by drawing pictures connected to concepts within the visual graphic. Positive results were documented in this study.


2020 ◽  
Author(s):  
Manuel Tavares Gomes ◽  
Eduardo Santos ◽  
Sandra Gomes ◽  
Daniel Pansarelli ◽  
Donizete Mariano ◽  
...  

This book, consisting of nine chapters, is the result of multiple theoretical and empirical research carried out by students in the post-graduate program in education (PPGE) at Universidade Nove de Julho (UNINOVE). The object of the research was to carry out a study on the new models of higher education, implemented in Brazil between 2005 and 2013. The studies carried out focus, above all, on institutional principles, student access policies, the internationalization process, quota policies, and mechanisms for inclusion in higher education for public school students. These were studies that used, as a theoretical basis, epistemological models of a counter-hegemonic character and, from a methodological point of view, an essentially qualitative approach. The studies showed, generically, the possibility of building other models of higher education capable of overcoming the elitism, characteristic of traditional universities. The inclusion of students from public school reveals that it is possible to make higher education a right for everyone, democratizing it, in the sense of establishing social and cognitive justice. Keywords: higher education; new models; empirical research; Brazil; social and cognitive justice.


2021 ◽  
pp. 003804072110133
Author(s):  
Catherine Kramarczuk Voulgarides ◽  
Alexandra Aylward ◽  
Adai Tefera ◽  
Alfredo J. Artiles ◽  
Sarah L. Alvarado ◽  
...  

The Individuals with Disabilities Education Act ([IDEA] 2004; IDEA Amendments 1997) is a civil rights–based law designed to protect the rights of students with disabilities in U.S. schools. However, decades after the initial passage of IDEA, racial inequity in special education classifications, placements, and suspensions are evident. In this article, we focus on understanding how racial discipline disparities in special education outcomes relate to IDEA remedies designed to address problem behaviors. We qualitatively examine how educators interpret and respond to citations for racial discipline disproportionality via IDEA at both the district and the school level in a suburban locale. We find that educators interpret the inequity in ways that neutralize the racialized implications of the citation, which in turn affects how they respond to the citation. These interpretations contribute to symbolic and race-evasive IDEA compliance responses. The resulting bureaucratic and organizational structures associated with IDEA implementation become a mechanism through which the visibility of race and racialization processes are erased and muted through acts of policy compliance. Thus, the logic of compliance surrounding IDEA administration serves as a reproductive social force that sustains practices that do not disrupt locally occurring racialized inequities.


2021 ◽  
pp. 089590482110199
Author(s):  
Jennifer A. Freeman ◽  
Michael A. Gottfried ◽  
Jay Stratte Plasman

Recent educational policies in the United States have fostered the growth of science, technology, engineering, and mathematics (STEM) career-focused courses to support high school students’ persistence into these fields in college and beyond. As one key example, federal legislation has embedded new types of “applied STEM” (AS) courses into the career and technical education curriculum (CTE), which can help students persist in STEM through high school and college. Yet, little is known about the link between AS-CTE coursetaking and college STEM persistence for students with learning disabilities (LDs). Using a nationally representative data set, we found no evidence that earning more units of AS-CTE in high school influenced college enrollment patterns or major selection in non-AS STEM fields for students with LDs. That said, students with LDs who earned more units of AS-CTE in high school were more likely to seriously consider and ultimately declare AS-related STEM majors in college.


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