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Ensuring Equal Access: Rights of Students with Disabilities in Public Schools

Public schools are mandated to comply with Section 504 of the Rehabilitation Act of 1973 and Title II of the ADA. These laws prohibit discrimination against students based on disability, ensuring they receive equal access to educational programs and services. Schools must provide reasonable accommodations, maintaining educational benefits on par with those of nondisabled peers. Integration of students with disabilities into mainstream classrooms is essential, with removal from regular education occurring only when necessary. Adequate support and resources are critical for promoting inclusivity.

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Ensuring Equal Access: Rights of Students with Disabilities in Public Schools

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  1. Students with disabilities

  2. Public schools must abide by Section 504 of the Rehabilitation Act of 1973 and Title II of the ADA (What was Title II? Do you remember?) • Prohibit discrimination on the basis of disability • Must promote equal access to and participation in programs and services

  3. Students with disabilities receive benefits and services comparable to those given to their nondisabled peers • Schools cannot discriminate by denying a student the opportunity to participate from a benefit or service • Must provide the opportunity to participate from a benefit or service that is equal to those provided to others

  4. Must provide a benefit or service that is as effective as services given to others • Must not provide a lower quality benefit than those provided for others

  5. Children with disabilities must be educated with their nondisabled peers “to the maximum extent appropriate” • “Removal…from the regular educational environment” occurs “only when the nature or severity of the disability is such that regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.”

  6. Reasonable Accommodations • Modifying rules, policies, or practices • Providing aids, services, or assistive technology • For some students, the method of teaching some or all of the curriculum may need to be modified • Pull out programs, resource rooms, provide services in the regular education classes, diluted curriculum in programs

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