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  • Essay / Discipline in Special Education - 1151

    Since 1975, education has changed dramatically, particularly the education of students with disabilities. Two cases that catalyzed the debate for change were Brown v. Topeka Board of Education and Mills v. Board of Education of the District of Columbia. The first case occurred in 1954 when Brown v. Topeka Board of Education (1954) opened the door for parents and educators to advocate for equal access to education for students with disabilities. This case inspired educational reform for these students by ensuring equal protections under the law as provided by the Fourteenth Amendment (Blanchett, Mumford, & Beachum, 2005). This gave parents of students with disabilities the right to oppose segregation based on disability (Blanchett et al., 2005). The second occurred in 1972 in Mills v. District of Columbia School Board, when seven children were excluded from public schools due to learning and behavioral problems (Mills v. District of Columbia School Board , 1972). The school district insisted it did not have enough money to provide special education services to students and the court ruled that lack of funds was not an excuse for not providing educational services for children with disabilities (Mills v. Board of Education of the District of Columbia, 1972). The judge ruled that the needs of the students must come first (Yell, Rogers, & Rogers, 1998). This case also ruled that the reassignment, transfer, suspension, expulsion, and exclusion of children with disabilities from regular classes in public schools without providing them with due process of law was unacceptable (Wright & Wright, 2007). It also established due process, fair treatment until the middle of the document......Children, 33(9), 1.Yell, ML and Peterson, RL (1995). Disciplining students with disabilities and those at risk of academic failure: legal issues. Preventing Academic Failure, 39(2), 39.Yell, ML, Rogers, D. and Rogers, EL (1998). The legal history of special education, what a long and strange journey it has been! Remedial and Special Education, 19(4), 219. Yell, ML, & Rozalski, ME (2008). The impact of legislation and litigation on student discipline and behavior in the classroom. Preventing Academic Failure, 52(3), 7-16. Yell, ML and Shriner, JG (1998). Disciplining Students with Disabilities: Requirements of the IDEA Amendments of 1997. Education & Treatment of Children (ETC), 21(3), 246.Zirkel, PA (2010). Manifestation determinations under the new Individuals with Disabilities Education Act: An update. Remedial and specialized education, 31(5), 378-384.