Sunday, April 12, 2020

The Vocational Rehabilitation Act free essay sample

Education is regarded as a fundamental right in the United States. We will write a custom essay sample on The Vocational Rehabilitation Act or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Up until the 1970’s, however, children with disabilities were being denied this right. Congress passed landmark legislation to redress this injustice, beginning with the Vocational Rehabilitation Act of 1973, and culminating with the Individuals With Disabilities Education Act. These new federal laws strived to end educational discrimination against children with disabilities, by guaranteeing all children have access to a free and appropriate education in the best environment possible. These laws made clear what schools and other public entities obligations were for the education of the disabled, and also proposed specific measures to be taken for their protection, thereby ensuring that all citizens had access to an education and the self-sufficiency and education provides. The Impact of Section 504 of the Vocational Rehabilitation Act of 1973, and the Individuals with Disabilities Education Act (IDEA) 2004, on the Education of Children with Disabilities The notion that public education is essential for a well functioning republic has a long history in the United States. The chief goal of an education is to produce a measure of self-sufficiency in an individual (Hannon, 1997). An individual is expected to determine his or her own course and not to be dependant, but function independently, and an education is the means to achieve this goal. Up until the 1970’s, education for those with disabilities did not foster independence, in fact the result was the exact opposite. People with disabilities weren’t expected to be self-sufficient, instead often ended up dependent on public funds and programs for support. (Stroman, 2003) In order to change this prevailing notion about disability, Congress first had to recognize that the rights of a section of the population were being denied, and second, they had to enact laws to safeguard the rights of these citizens. With Section 504 of the Vocational Rehabilitation Act of 1973 (P. L. 93-112) and the first Individuals with Disabilities Education Act of 1975 (P. L. 94-142), the federal government took the first steps in making sure that all with disabilities were guaranteed a â€Å"free appropriate public education† that was to be provided in the â€Å"least restrictive environment. † (Switzer, 2003) These new guiding principles were to ensure that children with disabilities were to obtain the education they deserved. These two federal laws changed how children with disabilities were educated by 1) clearly defining disabilities, 2) making education meet the needs of an individual, instead of a one-size-fits-all solution, 3) clearly defining the school’s responsibilities, and 4) adding procedural safeguards to protect the rights of the children. Education as a fundamental right for all is based on the Fourteenth Amendment of the Constitution of the United States. (Hurwitz, 2008) The amendment protects us from any state depriving us of life, liberty or property, without due course of law. Children with disabilities were being deprived of an appropriate education. In its landmark decision, Brown v. Board of Education (1954), the Supreme Court affirmed that educational opportunities fell under the protection clause of the Fourteenth Amendment, and that state laws denying black children equal educational opportunities was unconstitutional. (Hannon, 1997) The language the court used made it clear that denying any group or classification of people educational opportunities was unconstitutional. (Stroman, 2003) Education had to be extended to all, on equal terms regardless of race or disability. Federal legislation was necessary to standardize all of the existing laws different states had regarding the education of children with disabilities. Section 504 of the Vocational Rehabilitation Act of 1973 Section 504 of the Vocational Rehabilitation Act of 1973 was designed to protect students with various educational handicaps, either physical or mental. (Hurwitz, 2008) Any entity that received funding from the federal government was now barred by law from discriminating against anyone with an educational handicap. This new law defined a â€Å"qualified handicapped person† as someone who had a physical or mental impairment that significantly limits one or more major life activities. (Sattler, 2008) A major life activity is defined in terms of function. Does the impairment limit functions, like walking, seeing, hearing, speaking, or learning? With this broad definition of disability, a wide range of individuals are covered under this act. Children that require special education, as well as children with various medical conditions that prevent them from functioning adequately in the classroom, are all protected under Section 504. The language used in Section 504 reflects the time period in which it was written. Stroman, (2003) points out that what was once cutting edge scientific terminology may over time take on new meanings which could have negative connotations with the public. In the United States â€Å"handicap† has been replaced with the term â€Å"disabled. † Legislation subsequent to Section 504 has reflected this change. Section 504 requires schools to provide a free and appropriate education for all children with disabilities. It further mandates that children with disabilities be educated in the least restrictive environment. Sattler, 2008) This requirement forces schools to accommodate children with disabilities so that their education is comparable to those children without disabilities. While it’s not always possible to accommodate every condition, the schools must make an appropriate effort. Some examples of accommodation include, giving preferential seating to a child with difficulty walking, or providing a structured learning environment to child with a learning disability. Schools are also required to provide special education services to accommodate children with more severe types of disabilities. Under Section 504, schools are required to establish procedural safeguards to protect the rights of children with disabilities and also their parents or guardians. (Sattler, 2008) Parents are encouraged to work with the schools to ensure their children are receiving appropriate assessments, along with reasonable accommodations from the schools. There must also be periodic reviews of the child’s education plans. If the parents don’t agree with the schools’ assessments, they have the right to take the school districts to federal court. Section 504 was an important first step in providing a free and appropriate education for all children in this country. It has had a meaningful impact on the education of children with disabilities by first, defining who is protected, and the school’s responsibility in meeting the educational needs of those children, and second, setting up procedures to ensure the rights of these children and their parents are protected. Perhaps more importantly, Section 504 laid the groundwork for the disability legislation that followed it. Individuals with Disabilities Education Act Congress enacted the first Individuals with Disabilities Education Act (IDEA) in 1975. The law was originally called the Education for all Handicapped Children Act and has been subsequently updated, expanded, and amended several times. (Hurwitz, 2008) In 1990, President Bush signed into law the act that changed the name of the Education for all Handicapped Children to the Individuals with Disabilities Education Act. (Jacob amp; Hartshorn, 2003) The law introduced several important concepts that have become hallmarks of special education today. In providing a free and appropriate education for children with disabilities, IDEA introduced the concept of an individual education plan for children in special education. Schools could no longer take a one-size-fits-all approach to special education. (Switzer, 2003) Each child with disabilities would be provided with a plan on how to receive an appropriate education. Another important concept introduced in IDEA was â€Å"zero reject† (Hurwitz, 2008). No child could be rejected from receiving services, no matter how severe the disability. Whereas Section 504 interpreted disability in a broad sense, IDEA defines disability very specifically. The law defines 13 distinct categories of disability, including impairments such as mental retardation, emotional disturbance, and autism. (Sattler, 2008) All of these disabilities require special education services from the schools. A child with a medical disability, such as diabetes, while eligible for accommodation under Section 504, would not be covered under IDEA, because its narrower definition of disability. IDEA deals specifically with children in special education. Even with narrowing its definition of disabilities, IDEA covers a wide range of disabilities. The education for a child with a disability such as deaf-blindness, would be very different from the education of a child with autism, both covered by IDEA (Hannon, 1997) In order to provide an appropriate education for children with diverse kinds of disabilities, IDEA has mandated that all children have an individualized educational program (IEP). An IEP is a written document that explains the child’s needs and how the school or public agency is going to meet those needs. Sattler, 2008) An IEP must include information like the child’s present level of performance, goals, services needed, and accommodations needed. The IEP must be renewed annually and it is transferable if the child moves. In this way IDEA attempts to provide unique solutions for children with specific educational needs. In addition to providing an IEP for children in special education IDEA also requires school s to provide a full and appropriate individual initial evaluation to determine the child’s disability and educational needs. (Sattler, 2008) Specific criteria must be applied to the evaluation. The evaluation must use multiple assessment tools and strategies. It must use multiple types of information, such as academic, developmental, and medical information. The evaluation must use technically sound instruments, administered by trained and knowledgeable personnel. The assessment procedures should be non-discriminatory in nature and comprehensive in scope. This type of comprehensive evaluation is hoped to identify the nature of the child’s disability and the measures necessary to provide and appropriate IEP. Schools are also required to provide an education in the least restrictive environment under IDEA. If possible, children with disabilities should be educated in a general education classroom with an appropriate accommodation. (Hurwitz, 2008) This practice is called â€Å"mainstreaming† or â€Å"inclusion. † The rationale behind inclusion is that it may increase children’s academic achievement and self-esteem, and decrease the stigma associated with disabilities. (Sattler, 2008) IDEA also includes many procedural safeguards to protect the rights of children with disabilities and their parents. Under Section 504, parents can go directly to federal court in order to resolve disputes with schools. IDEA requires parents to try and find an administrative solution before allowing them to go to court. (Sattler, 2008) However, IDEA stresses the importance of parents being involved in all of the decisions regarding their children’s education. Parents of children with disabilities are to be given the opportunity to be members of the groups that make placement decisions, such as the IEP team. Parents also have the right to have independent evaluations of their children, at no cost to the parents. Finally parents have the right to a due process complaint. The complaint can be regarding any matter relating to the identification, evaluation, or placement of the child. The complaint must be heard and resolved in a reasonable time frame. If the school and the parent cannot resolve the complaint, the next step is mediation, where an independent mediator attempts to resolve the issues. If mediation fails, a due process hearing is convened, where an impartial hearing officer hears evidence from both sides and makes a decision based on the evidence whether or not the child received a free and appropriate education. Finally, the parents have the right to appeal the decision of the due process hearing. Sattler, 2008) Under IDEA the procedural safeguards are clearly defined and designed to ensure a free and appropriate education in the least restrictive environment. Conclusion Although Section 504 and IDEA both require schools to provide a free and appropriate education to all children, IDEA strives to clarify just what exactly that phrase means and how to achieve that goal. The definition of disability is narrowly defined. A method for meeting the needs of each individual child with disabilities is provided in the form of the individualized education program. A school’s responsibilities are also more clearly defined under IDEA than Section 504. Finally, the procedural safeguards are also more specific. Implementation of IDEA has not been without problems. In fact, school districts lobbied against the bill because of the costs. (Switzer, 2003) In defining a free and appropriate education, IDEA makes it clear that school districts and public entities must provide an appropriate education free of charge if the child is covered under the law. (Hurwitz, 2008) Problems with assessment have also arisen. IDEA mandates the usage of technically sound instruments in the assessment of disability. Flanagan (1995) pointed out that a more reliable measure was needed for the assessment of emotional disturbance, one of the 13 disabilities defined by IDEA. Finally, arguments have been made against the least restrictive environment clause. McDonough (2008) argues that a relaxing of the mainstreaming requirement of IDEA would benefit students with autism spectrum disorders, allowing them to receive the specialized education they require, and reliving the burden on general education teachers from the classroom disruptions common to the disorder. Unfortunately there is a huge amount of litigation associated with these two federal laws. The vague language used in these laws is open to many different interpretations. Who is to say what is â€Å"appropriate† in a â€Å"free and appropriate education? † How can you quantify a â€Å"substantially† limited â€Å"major life activity? † And just what constitutes a â€Å"major life activity? † Parents and school districts, alike, aren’t sure how to interpret some of these phrases, and are quite willing to litigate in order to clarify the issue. (Switzer, 2003) This leaves some important educational decisions in the hands of the courts instead of educators. Controversies aside, the Individuals with Disabilities Education Act, as well as Section 504 of the Vocational Rehabilitation Act, have had a profound impact on education in the United States. Both laws seek to identify individuals who had previously been denied access to education, and provide them with a means obtaining the self-determination that an education can provide. Finally, both laws try to hold those accountable for providing an education to all of the citizens of our country. Self-determination is a privilege most of us take for granted.

Tuesday, March 10, 2020

History repeats itsself Essays

History repeats itsself Essays History repeats itsself Paper History repeats itsself Paper The most solemn humbug which does duty as a profound historical reflection is, that history repeats itself, a quote cyclic historians live by, having been their doctrine for over a century. This belief that our past directly influences the present and future is a way of life for some people; and is a very realistic belief. Through our past experiences, we as humans learn, grow, and develop Into creative beasts. When I was young, my life was crafted Into the masterpiece It Is today. In kindergarten, through the meticulous and crazy surroundings, my extreme sense of amour was crafted by my uncles. The memory In question was at a Christmas at my grandmas house, we had Just opened our presents, and I had gotten -a game which still holds the number one spot In my heart Crop: The Legend of the Gobos. Whilst the game was cutesy and fun In nature, my less than experienced uncles began playing it, and immediately starting raging. The language was. Colorful to say the least. I remember when I finally got my hands on the game, my uncles still encircling the faintly glowing green LED, awaiting for someone to finally beat the first couple of screens. I was finally handed the controller, and with my 5 year old vocabulary proceeded to berate the game. From calling the cutesy unreachable gobos potsherd, to calling the game a poop covered game, that language and love of attention was etched onto my psyche, forever being a part of my life. From small events such as overcoming a booboo, to the constant attention one received as a newborn; every event in our lives moulds us into the people we are today. Even though we may not believe in it, our past greatly influences our futures, much like cyclic historians view points.

Sunday, February 23, 2020

Technical Writing Essay Example | Topics and Well Written Essays - 1000 words - 9

Technical Writing - Essay Example The product’s description reflects the quality of the product through specifics and imagery. For example, the purpose of this description is to invite awe and desire of the diamond ring in the intended audience so that he or she will purchase it. The description needs to state the specific 4 C’s of the diamond, i.e. cut, clarity, color, and carat weight to properly inform the consumer and to be compared to with competitors. If the audience has this information, he or she will be able to make an informed decision of whether or not to buy the product. I would propose that Micron should immediately rewrite their descriptions, set up short workshops with sales personnel to teach them how to use the product and provide easier means of acknowledging and functioning the new features via video demonstration in the store. Darlene should recommend to Claude to become hands-on with the product as much as possible to self-teach as they wait for enhanced, appropriate instructions and descriptions from the company. Rather than drop the motto and quit selling it, Claude and the other staff members should self-teach to ensure good customer

Friday, February 7, 2020

Was the Spanish Inquisition Politically, Socially, or Religiously Essay

Was the Spanish Inquisition Politically, Socially, or Religiously Motivated - Essay Example The Spanish Inquisition started in 1478 by the Catholic monarchs of Spain, Ferdinand II and Isabella I, by the promulgation of the Tribunal of the Holy Office of the Inquisition. It was not officially abolished till 1834. As a result of the said Inquisition, many people had their properties confiscated, and were tortured, maimed and even murdered, all in the name of religion. It was an effort on the part of the monarchs to ensure that Christianity became the only religion in their kingdom. Thereby not only were the Jews and Muslims living within the Spanish realm forced to convert to Christianity on pain of death, but it was ensured that the new converts stuck to the orthodox beliefs and did not revert to their â€Å"pagan† ways of before. But just what was the real motivation behind the Inquisition has been a topic of debate for many over the years. The various possible motivations include political, socio-economic, and, of course, religious. According to those who put forward the political motivation theory, the main reason behind the introduction of Inquisition was that the monarchs wanted to increase their political authority throughout Spain and ensure that their writ was followed. Thus, they ensured, through torture or a threat thereof, that their political authority was established.

Wednesday, January 29, 2020

Hippa and Information Technology Essay Example for Free

Hippa and Information Technology Essay In this checkpoint I will be discussing certain questions that involve HIPPA and information technology. With technology growing every single day, there are questions that are always involved when dealing with medical record issues. One question would be what advantages could a standardized medical records database offer? What HIPPA issues could arise? And why do you believe technology in the medical records management industry is so far behind other industries? These are the questions I will be answering in this checkpoint. I will start off by talking about the advantages a medical records database could offer. The main advantage of a standardized medical records database would be the convenience. To be able to locate a file with the push of a button would make work for the staff a lot faster. With paper documents it could take hours for another physician or hospital to obtain the information they would need. Another advantage would be the time it would take for a person to travel to and from their physician office to obtain their records for another facility. What HIPPA issues could arise? The main issue when dealing with medical records being online would be their patient’s information staying safe. In these days too many people are able to access sites and databases that should be secure. With people being able to hack and steal identities, this is a major problem when it comes to HIPPA issues. Another issue that could arise would be a patient not signing the forms to allow information to be posted. If a patient does not sign their name, their information should not be put online or given to any other individual. Who do you believe technology in the medical records management industry is so far behind other industries? I believe that the medical record management industry is behind others is because of security. The information that this industry deals with is very sensitive and should be protected at all costs. There are several laws that are in place to insure the protection of the patients and if any of their information were to be leaked, the facility would be in a position for legal action.

Tuesday, January 21, 2020

No Need to Worry about Our Forests and Trees :: Argumentative Persuasive Argument Essays

No Need to Worry about Our Forests and Trees Trees have been with us since the beginning of time. We have been using its products for just as long. They have been used to fashion weapons, used as wheels, used for us to write with and to have something to write on. Most importantly they have been and continue to be used to provide shelter for us. I feel trees are an important resource for us and to stop using this important resource would be an injustice to society. Trees are there to be admired and to help our ecosystem survive but they are also there to provide for the things we need in life. An important example of how trees are helping people in extraordinary ways in by the use of tree products as cancer drugs. According to Sally Christensen, "taxol is created by using three one hundred year old pacific yew trees or roughly sixty pounds of bark." Taxol is very helpful in fighting ovarian cancer when conventional methods no longer work. This drug has been responsible for saving many lives (Christensen 552). Christensen herself was saved with this drug. Sallie Tillsdale calls Christensen very selfish for killing trees to help save herself. She says it is people versus trees. I feel it is life versus life. If a few trees have to be cut down so a person can go on living then this is a choice that I as a person am willing to make. No one is going to tell me that I cannot have a chance at life because a group of environmentalists say that is wrong. It is quoted by Walter T. Stace, "If a man's actions were wholly determined by chains of causes stretching back into the remote past, so that they could be predicted beforehand by a mind which knew all the causes, it was assumed that they could not in that case be free." One of the main needs of lumber is for building homes. This need skyrocketed after the 1950s. The need for new housing was tremendous and the need for lumber just kept growing. The need for lumber dramatically increased when people wanted shaker style roofs, wood flooring and wood siding (Robinson 25). Today things have changed slightly. Now we use vinyl siding for our homes. So that has helped a little. But we still need to frame a house so that it will stand up and at this point I do not know of anything else that will get the job done.

Sunday, January 12, 2020

Our identity is constantly changing Essay

Our identity is constantly changing; we never truly know who we are. In many movies and books we often see the line â€Å"I need to go and find who I really am.† In our society, we understand and relate to the ambition of finding oneself. We also recognize that it is not suggesting that we have misplaced our body or left it behind but that we need to realize our true identity and learn who we are. Identity is defined as the combination of personal, social and cultural experiences that combine to form an individual’s identity. Our identity is determined by what others think of us and the qualities we have. As we grow older we discover new things and how we identify ourselves. Everyone wears a mask of what they think society wants them to be and we need to be able to rip that faà §ade off and show the world of our true identities. Our identity is never still and it never will be, even after we pass away. It is the result of continuous interaction with our surroundings. P eople in our lives such as friends, family, teachers, idols and classmates affect the way we identify ourselves. They are a big factor in building up our identity. In many cases, some people’s identity has been shaken due to poor body image and physical appearance and this has contributed significantly to one’s identity. Events in the past that we have gone through can also have an impact on our identity and how we view it. Death is witnessed all around the world every day. People die due to sickness, war, old age, suicide, fights gone wrong, accidents, and many more ways. If someone close to a person died, it may change the person’s personality and identity entirely. When we learn and understand about our background history and culture. This can sometimes be the wakeup call for people who are lost and are finding out who they truly are. For example; you find out that your grandparent fought in a war to protect his/her country. You feel a sense of pride and are obliged to help your country by joining the navy or army. All individuals make the development from child to teenager to adult. During this growth, our identity is always in movement as we attempt to discover ourselves. As a child, we are moulded by our parent’s beliefs and values. The way we are brought up is crucial to identity development at a young age as we are very strongly influenced by the personalities of those around us. We are encouraged to be like what our parents are like. We aspire to be like them in every way possible. At a young age, toddlers often copy their  parents and follow their actions. Whether it is actions, words or even music, we always copy them and aspire to be like adults around us as we grow up. However, once people reach their teenage years, many people forge their own identity and clash with their parent’s teachings and rebel against them. This is when many teenagers realise that they don’t want to do what their parents want them to do. Usually this is caused by developing any relationship with someone and they change a person’s belief and thoughts introducing them to a new perspective of things. â€Å"True identity is something people must create for themselves by making choices that are significant and that require a courageous commitment in the face of challenges.†- Thomas Merton. This quote shows us that our identity is not something that we are born with and that it can’t change at all, but in fact, our identity is something that changes every minute, after every decision and after every idea we have. In a book called â€Å"Halo† by Zizou Corder, the main character goes on a journey to find herself and throughout the novel; we see her changing into a young woman instead of this child who is innocent and sheltered from evil. We also see that her identity changes as she sees life in a different perspective when she is taken from her family three times, we see her grow into a doctor and find love. She says the line â€Å"until you know who you are, you’re no one† this line shows us that we need to find out who we are. We can go on a long journey and we will still come back home. We never stop moving and always are changing our identity. Our identity is always and constantly changing due to the fact that we never stop learning new things, meeting new people and are always moving. Although many people get confused with the pathway of their identity, they usually find the right way and keep moving forward. People always find who they are and wake up from their rebellious years and find the right path for their future. Our identity always changes in response to life experiences. Everyone wears a mask of what they think society wants them to be and we need to be able to rip that faà §ade off and show the world who we truly are.