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The court based its decision on a contextual analysis of the applicable statutes. To permit a student to rely on § 504 or the § 1983 would be to effectively eliminate the EHA, because it would circumvent the EHA’s requirement that petitioners first exhaust their administrative options before seeking judicial intervention.
Section 504 was the first national civil rights legislation that provided equal access for students with disabilities to higher education institutions receiving federal financial assistance. [10] Both public and private colleges and universities supported by federal grants and funding programs must comply with Section 504.
Inclusion has different historical roots/background which may be integration of students with severe disabilities in the US (who may previously been excluded from schools or even lived in institutions) [7] [8] [9] or an inclusion model from Canada and the US (e.g., Syracuse University, New York) which is very popular with inclusion teachers who believe in participatory learning, cooperative ...
An eligible student is any child in the U.S. between the ages of 3–21 attending a public school and has been evaluated as having a need in the form of a specific learning disability, autism, emotional disturbance, other health impairments, intellectual disability, orthopedic impairment, multiple disabilities, hearing impairments, deafness ...
Students with disabilities should receive instruction in the "least restrictive environment" (LRE), ideally along with non-disabled peers where possible. [21] Congress funds up to 40% of excess costs of educating students with disabilities. [21] Public Law 94-142 has been amended and reauthorized several times since 1975.
This is the difference between the total expenditure per student eligible for special education services ($12,474) and the total expenditure per regular education student ($6,556). Based on 1999-2000 school-year data, the total expenditure to educate the average student with disabilities is an estimated 1.90 times that expended to educate the ...
Because the law does not clearly state to what degree the least restrictive environment is, courts have had to interpret the LRE principle. In a landmark case interpreting IDEA's predecessor statute (EHA), Daniel R.R. v. State Board of Education (1989), it was determined that students with disabilities have a right to be included in both academic and extracurricular programs of general education.
While this ruling did not directly affect the disability community, it ruled segregation in schools as unconstitutional, making a start to the inclusion of all students in the classroom. Next was the Rehabilitation Act of 1973, more specifically Section 504, under which people with disabilities were now included in the United States civil rights.