The main stages of the process of formation and development of inclusive education in the United States in the context of multicultural educational policy

The Law ◽

This article identifies the main stages of the formation of inclusive education (segregative, integrative, inclusive), reveals the evolutionary nature of inclusive education. The article analyzes the content of the main document regulating the right to education of children with alternative development - The Law on Education of Persons with Disabilities (1975).

The Government of the United States and American Foreign Missionaries

The American Journal of International Law ◽

10.2307/2187397 ◽

1912 ◽

Vol 6 (1) ◽

pp. 70-85

Author(s):

James Brown Scott ◽

George F. Seward

Keyword(s):

United States ◽

Church Of England ◽

Common Knowledge ◽

Atlantic Coast ◽

The United States ◽

State Constitutions ◽

The Law ◽

The Rich ◽

The Government ◽

It is common knowledge that the United States was originally settled either by God-fearing men and women fleeing from persecution, or by political refugees who were unable to bring about reforms which they believed essential to good government and were unwilling to comply with the state of affaire existing in the Old World, or, finally, by those who, unfortunate at home, were desirous of bettering their condition in the New World. The Pilgrim and the Puritan, the Episcopalian and the Catholic, the Quaker, the Presbyterian and the Lutheran settled the Atlantic Coast. The roundhead and the cavalier, the rich and the poor and the inmate of the debtor’s prison found themselves side by side upon a plane of equality without the traditions and the conservatism of an older world. Whether the colony was composed of Puritans and manifested intolerance to the protestant brother of a different faith; whether the settlement remained loyal to the Church of England, as Virginia, or favored the Catholic, as Maryland, or freely accepted the law-abiding without questioning his religion, as the Quakers of Pennsylvania, the principle of religious toleration steadily gained ground, and by the time of the Revolution it may be said generally that religious differences ceased to influence men or their conduct toward each other, by virtue of a conception of liberty which embraced not merely the right to and protection of property but the freedom of thought, of speech and of public worship. The example of Virginia, which in 1786 established religious freedom by statute, profoundly influenced the Federal Government and the various States of the Union; for, by the First Amendment to the Constitution of the United States, it is provided that “Congress shall make no law respecting the establishment of a religion, or prohibiting the free exercise thereof,” and the States of the American Union have, in their various Constitutions, placed the same restriction upon their legislatures. The amendment of the Constitution and the like provisions in State Constitutions were not dictated by indifference or hostility to the principles of the Christian religion, but aimed to prevent not merely the establishment of any one form of religion, however widely spread, but to establish upon a firm footing the right before the law of every religious sect.

The right to education of persons with disabilities

Revista Cathedra ◽

10.37594/cathedra.n5.7 ◽

2017 ◽

pp. 32-45

Author(s):

Guillermo Moreno De Gracia

Keyword(s):

Paradigm Shift ◽

Human Being ◽

Right To Education ◽

Legal Standard ◽

The Law ◽

Diversity Curriculum ◽

The Right ◽

Educational Inclusion ◽

Physical Accessibility

When speaking about education, we can't just think about the ordinary human being called "normal", but it should also address diversity. Curriculum accommodations, adaptations and physical accessibility are greatly important for educational inclusion to exist. A paradigm shift for educators involves the knowledge and acknowledgement of what disability is. On this note we outline from the legal standard all the instruments currently available which guarantee the right to education of personswith disabilities. Not only it is the Law or the standard, but there has to exist knowledge and acknowledgement of what it is in order for everyone to apply and comply.

Settler Colonialism, Race, and the Law

10.18574/nyu/9780814723944.001.0001 ◽

2020 ◽

Cited By ~ 2

Author(s):

Natsu Taylor Saito

Keyword(s):

United States ◽

American Indians ◽

Settler Colonialism ◽

The United States ◽

Racial Justice ◽

Structural Racism ◽

Colonial State ◽

Colonial Theory ◽

The Law ◽

Settler Colonialism, Race, and the Law begins from the premise that the United States is neither postracial nor postcolonial. Using the lens of settler colonial theory, it attributes the origins and persistence of racialized inequities in the United States to the prerogatives asserted by its predominantly Angloamerican founders to appropriate Indigenous lands and resources, to profit from the labor of voluntary and involuntary migrants, and to ensure that all people of color remain “in their place.” This book assesses the experiences of American Indians, African Americans, Latina/os, and Asian Americans to the present day in terms of the strategies utilized by the settlers to accomplish these ends. By providing a functional analysis that links disparate forms of oppression, it makes the case for the oft-cited proposition that racial justice is indivisible, focusing particularly on the importance of acknowledging and contesting the continued colonization of Indigenous peoples and lands. It concludes that we will more effectively dismantle structural racism not by relying on promises of formal equality but by envisioning what the right of all peoples to self-determination means in a settler colonial state.

Legal mechanism for ensuring the right to inclusive education in the context of the COVID-19 pandemic in Ukraine and the United States

Legal horizons ◽

10.21272/legalhorizons.2021.i26.p66 ◽

2021 ◽

pp. 66-71

Author(s):

T.V. Shlapko ◽

O.P Sokolenko

Keyword(s):

United States ◽

Distance Education ◽

Distance Learning ◽

Secondary Education ◽

Inclusive Education ◽

The United States ◽

Educational Needs ◽

Educational Process ◽

Special Educational Needs ◽

The article investigates to the study of legal framework securing the right to inclusive education of inclusive education in the context of the COVID-19 pandemic. The authors of the article analyze the statistics of the effectiveness of distance learning to study the state of the organization in general secondary education distance learning in quarantine, introduced to prevent the spread of acute respiratory disease COVID-19 in Ukraine and the United States. It is proved that children with special educational needs need an individual approach to the organization of inclusive distance learning. At the same, time it is necessary to consider features of each child. The authors of the article pay considerable attention to the characteristics of the recommendations of the Ministry of Education and Science of Ukraine on the organization of the educational process in general secondary education institutions during quarantine by the way of distance education. From the analysis of the recommendations it can be concluded that the main burden during the organization and use of distance learning technologies will fall on the teacher's assistant and student's assistant. In addition, the article examines the features of the educational process with the help of a team of psychological and pedagogical support of a child with special educational needs during quarantine. The article examines the features of inclusive education in different areas of the epidemic level of danger: green, yellow, orange and red. The authors also pay considerable attention to the study of the implementation of inclusive learning using distance education technologies during the pandemic COVID-19, in particular the problem of involving children with special educational needs in the educational process at home. The article contains recommendations for improving the quality of education during the COVID-19 pandemic.

The Right to Inclusive Education in the Light of the Convention on the Rights of Persons with Disabilities

Studia Edukacyjne ◽

10.14746/se.2018.47.20 ◽

1970 ◽

pp. 329-342

Author(s):

Boubacar Sidi Diallo

Keyword(s):

Human Rights ◽

Students With Disabilities ◽

Inclusive Education ◽

Academic Progress ◽

Social Situation ◽

Quality Education ◽

Educational Institutions ◽

Right To Education ◽

This article examines the rights of persons with disabilities in the field of inclusive education based on fundamental human rights outlined in the Convention on the Rights of Persons with Disabilities. Inclusive education is essential to achieve universal respect for the right to education, including persons with disabilities. Only inclusive education systems can offer persons with disabilities both quality education and the opportunity to improve their social situation. Inclusive education is not just about placing students with disabilities in mainstream educational institutions; it also means making them feel welcome, respected and valued. The values that underlie the concept of inclusive education reinforce the capacity of everyone to achieve their goals and to conceive of diversity as a source of enrichment. Students with disabilities need appropriate support to participate in the education system on an equal basis with other students. Ordinary educational institutions must provide students with disabilities with a learning environment that maximizes academic progress and socialization.

A Comparative View of Equality Under the UN Convention on the Rights of PERSONS with Disabilities and the Disability Laws of the United States and Canada

Windsor Yearbook of Access to Justice ◽

10.22329/wyaj.v32i2.4682 ◽

2015 ◽

Vol 32 (2) ◽

pp. 65

Author(s):

Arlene S Kanter

Keyword(s):

United States ◽

People With Disabilities ◽

The United States ◽

Milieu De Travail ◽

Substantive Equality ◽

Reasonable Accommodations ◽

Personnes Handicapées ◽

Maintien Dans L’Emploi ◽

In 2006, the United Nations adopted the Convention on the Rights of Persons with Disabilities [CRPD], the first international treaty addressing specifically the rights of people with disabilities, including in the workplace. The purpose of the CRPD is “to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity....” The CRPD has been ratified by 160 countries, including Canada, but not yet by the United States. Article 27 of the CRPD, entitled Work and Employment, prohibits not only discrimination against people with disabilities in employment, but also the right of people with disabilities to reasonable accommodations, equal remuneration for work of equal value, safe and healthy working conditions, assistance in finding, obtaining, maintaining and returning to employment, rehabilitation, job retention and return-to-work programmes, as well as affirmative action programmes, incentives and other measures to promote equal employment opportunities. As compared to the Americans with Disabilities Act and the Canadian Charter, the CRPD, therefore, goes beyond prohibiting discrimination and instead seeks to ensure greater substantive equality for people with disabilities in the workplace. As such, the author proposes that both US and Canadian legislatures and courts should look to the CRPD to help their respective countries move beyond traditional notions of formal equality towards a new right to substantive equality in the workplace for people with disabilities.En 2006, les Nations Unies ont adopté la Convention relative aux droits des personnes handicapées [CDPH], le premier traité international portant explicitement sur les droits des personnes handicapées, y compris les droits dans le milieu de travail. La CDPH a pour objet de « promouvoir, protéger et assurer la pleine et égale jouissance de tous les droits de l’homme et de toutes les libertés fondamentales par les personnes handicapées et de promouvoir le respect de leur dignité intrinsèque […] ». La CDPH a été ratifiée par 160 pays, dont le Canada, mais les États-Unis ne l’ont pas encore ratifiée. En plus d’interdire la discrimination fondée sur le handicap dans tout ce qui a trait à l’emploi, l’article 27 de la CDPH, intitulé « Travail et emploi », protège le droit des personnes handicapées de bénéficier d’aménagements raisonnables, de l’égalité de rémunération à travail égal ainsi que de la sécurité et de l’hygiène sur les lieux de travail, le droit d’obtenir de l’aide liée à la recherche et à l’obtention d’un emploi, au maintien dans l’emploi et au retour à l’emploi, l’accès à des programmes de réadaptation, de maintien dans l’emploi, de retour à l’emploi et d’action positive, de même que l’accès à des incitations et à d’autres mesures visant à promouvoir l’égalité des chances dans l’emploi. En conséquence, comparativement à l’Americans with Disabilities Act et à la Charte canadienne, la CDPH va plus loin qu’interdire la discrimination et vise à assurer une plus grande égalité réelle pour les personnes handicapées dans le milieu de travail. C’est pourquoi l’auteur propose que les assemblées législatives et les tribunaux des États-Unis et du Canada examinent la CDPH afin d’aider les instances décisionnelles de leurs pays respectifs à dépasser les notions traditionnelles de l’égalité formelle et à promouvoir un nouveau droit à l’égalité réelle dans le milieu de travail pour les personnes handicapées.

Duty as a defence between civil disobedience and criminal law

Italian Review of Legal History ◽

10.54103/2464-8914/16897 ◽

2021 ◽

pp. 547-562

Author(s):

Laura Ciccozzi

Keyword(s):

United States ◽

Criminal Law ◽

Civil Disobedience ◽

The United States ◽

17Th Century ◽

Legal Thought ◽

History Of ◽

The Law ◽

The Right ◽

The Relationship

The history of civil disobedience begins in the United States in the 17th century and has evolved during the centuries. The most modern type of civil disobedience, whistleblowing, is emblematic of how the concept has changed over the last decades.The question of which circumstances justify disobedience to the law is one of the most debated in the history of legal thought. The article analyses the relationship between morality and criminal law or, in other words, between the right (and duty) to disobey certain laws and its consequences.

Equality of What? The Capability Approach and the Right to Education for Persons with Disabilities

Social Inclusion ◽

10.17645/si.v6i1.1193 ◽

2018 ◽

Vol 6 (1) ◽

pp. 29-39 ◽

Cited By ~ 5

Author(s):

Andrea Broderick

Keyword(s):

Inclusive Education ◽

Capability Approach ◽

National Level ◽

Human Potential ◽

Educational Equality ◽

Right To Education ◽

Mainstream Society ◽

The Right ◽

The Capability Approach

The right to education is indispensable in unlocking other substantive human rights and in ensuring full and equal participation of persons with disabilities in mainstream society. The cornerstone of Article 24 of the United Nations Convention on the Rights of Persons with Disabilities seeks to ensure access to inclusive education for persons with disabilities on an equal basis with others as well as the full development of human potential. Since the adoption of the Convention, there has been much theorising about inclusive education; however, there has been little focus on the meaning of equality in the context of the right to education for persons with disabilities. The capability approach, developed by Amartya Sen and further refined by Martha Nussbaum, focuses on ensuring equality and developing human potential. It is often viewed as a tool that can be used to overcome the limitations of traditional equality assessments in the educational sphere, which only measure resources and outcomes. This article explores whether the capability approach can offer new insights into the vision of educational equality contained in the Convention and how that vision can be implemented at the national level.

Introduction

A Federal Right to Education ◽

10.18574/nyu/9781479893287.003.0001 ◽

2019 ◽

pp. 1-32

Author(s):

Kimberly Jenkins Robinson

Keyword(s):

United States ◽

School Finance ◽

Educational Opportunity ◽

Federal Court ◽

The United States ◽

Right To Education ◽

Independent School District ◽

School Finance Litigation ◽

Essential Questions ◽

In this introduction, Kimberly Jenkins Robinson explains that despite some gains from state school finance litigation, educational opportunity and achievement gaps remain prevalent throughout the United States. To address these enduring gaps, many scholars have argued that the United States should recognize a federal right to education, despite the United States Supreme Court’s refusal to recognize this right in San Antonio Independent School District v. Rodriguez. It also is important to note that after decades in state court litigation, advocates have recently returned to federal court to argue for a federal right to education. Therefore, this introduction outlines that the book takes up three timely and essential questions regarding a federal right to education: Should the United States consider recognizing a federal right to education? How could the United States recognize such a right? And what should the right guarantee? The introduction concludes with a summary of each chapter.

The Path to Inclusion for Children with Learning Disabilities in Guyana: Challenges and Future Considerations

Journal of International Special Needs Education ◽

10.9782/2159-4341-20.2.79 ◽

2017 ◽

Vol 20 (2) ◽

pp. 79-89

Author(s):

Sherwin Fraser

Keyword(s):

Learning Disabilities ◽

General Education ◽

Inclusive Education ◽

Education For All ◽

Right To Education ◽

Barriers To Education ◽

Decision Making Processes ◽

Teachers And Parents ◽

Abstract One of the major challenges facing special and general education teachers and parents in Guyana is the current educational move towards inclusion. This move has been characterized by the changing political and economic systems which have resulted in inclusion gaining increased momentum in many circles including major organizations, institutions, and even among members of civil society. Inclusion has also been touted as the prelude to meaningful political, economic, social, educational, religious, and cultural engagement in governance and other decision making processes in Guyana. The concept hinges on the right to participate and become involved in various activities regardless of ability or disability. The Jomtien Declaration (1990) which was adopted by the World Conference on Education for All in Thailand in March 1990, mandates the removal of barriers to education for all children. The declaration also affirms the right to education for every individual as well as equal access for all categories of persons with disabilities (United Nations Education, Scientific and Cultural Organization (UNESCO), 1990). While the main pillar of the declaration is the right to education, it also mandates the removal of barriers that would prevent equal learning opportunities for vulnerable and marginalized groups (UNESCO, 1990). This paper examines issues relevant to inclusion and the education of children with learning disabilities in Guyana. The author gives an account of the political system, inclusive education, and legislation for persons with disabilities, and highlights the challenges faced by teachers in educating children with learning disabilities in Guyana.