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Luna Perez v. Sturgis Public Schools, 598 U.S. 142 (2023), [1] was a United States Supreme Court decision in which the Court held that an Americans with Disabilities Act (ADA) lawsuit seeking compensatory damages for denial of a Free and Appropriate Public Education (FAPE) can proceed without exhausting the administrative procedures of the Individuals with Disabilities Education Act (IDEA ...
Public schools were required to evaluate children with disabilities and create an educational plan with parent input that would emulate as closely as possible the educational experience of non-disabled students. The act was an amendment to Part B of the Education of the Handicapped Act enacted in 1966. [1]
To provide FAPE, schools must provide students with an "education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living." [16] The IDEA includes requirements that schools provide each disabled student an education that:
According to the New York State Education Department, however, by 2020, around 3 in 5 students with disabilities graduated compared to more than 80% of the overall student population. And while a ...
The court ruled that students with disabilities must be given a public education even if the students are unable to pay for the cost of the education. [1] The case established that "all children are entitled to free public education and training appropriate to their learning capacities". [ 2 ]
Special education in the United States enables students with exceptional learning needs to access resources through special education programs. "The idea of excluding students with any disability from public school education can be traced back to 1893, when the Massachusetts Supreme Court expelled a student merely due to poor academic ability". [1]
1970 – The Physically Disabled Students Program (PDSP) was founded by Edward Roberts, John Hessler, Hale Zukas, and others at UC Berkeley. With its focus on community living, political advocacy and personal assistance services, it became the nucleus for the first Center for Independent Living, founded in 1972. [3]
In many countries, disabled people were seen as an embarrassment to society, often facing punishments of torture and even execution. [18] In the US, after the creation of the 1990 Individuals with Disabilities Education Act and many other regulations, students with disabilities could not be excluded or discriminated against in the education system.