Special Education

Education Law takes care of any legal issues around education. There are many areas of education where law dictates how things work. Here we take a brief look at some areas that are covered by education law.

EMPLOYMENT

Just like any other business anyone who works for an educational institution, such as a school, college or university, must act and be treated according to the normal employment laws.

EUROPEAN LAW

There are European laws that dictate certain areas of education law. This is likely to increase in the near future, with the Lisbon Treaty going through. This means that many of the education laws are likely to be uniform across Europe.

INSTITUTION RESPONSIBILITIES

There are certain responsibilities set out by law that educational institutions must abide by. They have a duty to teach certain things (depending on the type of institution) and sometimes they have certain procedures which they must follow. For example secondary schools must teach certain subject, such as English, Maths and Science.

TRAINING

Anyone working in education must be trained sufficiently to fulfil their specific role. School teachers have to have formal training, both to make sure they have the skills to teach children and to make sure they know their subject areas sufficiently.

CHILD CARE

Educational institutions have a duty of care. Those looking after children must be deemed fit to take on such a role. This can include background checks so everything possible is done to make sure children are safe in their care.

SPECIAL NEEDS

Institutions have a legal obligation to meet the needs of those with special needs to make sure that they are given the same opportunities as others.

HEALTH & SAFETY

There are health and safety guidelines that must be followed. Premises must be deemed safe for purpose. Compensation might be payable if an institution is found to be liable for an injury that has occurred while the victim was at the premises.

DISCRIMINATION

Students (and teachers) cannot be discriminated against for any reason. Everyone must be treated equally irrespective of gender, age, race, sexuality or religion.

FINANCE & FUNDING

Certain rules apply as to how different institutions can acquire funding. For example, states schools have to be free for all. Different regulations apply to state and private institutions, as they do depending on what type of institution they are (e.g. schools and universities are treated differently).

STUDENT ADMISSION

This is an area that has been much debated recently. Rules that decide who has the right to attend a specific school are set out by law, something that is based on the geographical areas in which they live. Many parents have been known to dispute these decisions.

STUDENTS TAKING ACTION AGAINST EACH OTHER

Although rare, there are some occasions where students have taken legal action against each other using Education Law Solicitors, with the most common reason being that they have been bullied by the student in question.

DISCIPLINE

There are laws stating forms of discipline that can be carried out. In the past physical punishment was legal but this is no longer the case. There can also be disputes where children have been excluded from school.

POSSESSION OF SUBSTANCES

Certain substances are banned by law from premises. Illegal drugs are obviously not allowed, but cigarettes and alcohol are also not deemed acceptable at certain premises. This mostly applies to schools.

SEARCHING

Students are allowed to be searched on occasions but only when there is sufficient suspicion that they have broken rules. This can include searching pocket, bags and lockers.

Andrew Marshall ©




By: Andrew Marshall

Once a child is diagnosed with autism, families have many questions and concerns. One of the major dilemmas is determining how a child with autism will be educated. Each child is different with unique qualities; the education of each child with autism is determined by their needs and strengths.

Autism is considered to be a spectrum disorder. It is a disorder characterized by symptoms that include repetitive behaviors or interests, deficits in social interaction and deficits in verbal and nonverbal communication. Furthermore, children with autism often have unusual responses to sensory stimulation. Children with autism may also display symptoms that include an inability to form relationships, delay in the development of speech, lack of imagination, repeated patterns of activities, extreme aloofness and insistence on consistency in routines and isolated areas of strong ability.

Research has determined that early intervention is crucial for children with autism. Early interventions include services from speech therapists, occupational therapists, adapted physical education, applied behavior analysis, social skills training and other therapies. Some of the services are provided through the local school district; however, many families choose to hire private therapists and aides.

Children with autism are eligible for special education services under the federal law once they turn three years old. The services include children who are in both general education and special education classes. Some parents keep their children in a general education class for their education with support services being provided for specialized needs. Many children with autism are educated in a special education class. Special education classes are designed specifically for students with disabilities and are taught by a special education teacher. A child can also be serviced by a resource specialist who is a special education teacher who either goes into a general education class or pulls students with disabilities out of the general education class. The related services that are available include school psychologists, school nurses, speech specialists, physical/occupational therapists and behavioral therapists. Other special education services available are community-based training for the older child and summer school for many special day class students. Services vary according to the child’s needs. A child with autism may have difficulty with communication and may need services specifically focusing on speech and language development. A child with Asperger’s disorder which is on the autism spectrum may have average or above average intelligence but may still be in need of services.

Services required for a child with autism will most likely change over time. The most important thing a family can do once a diagnosis of autism is determined, is to seek support and services. Recent reports reveal one of every 166 children is diagnosed with autism. Fortunately, the exposure of the topic is providing extensive and exciting research and hope!

http://www.newsforautism.com/pages/Home.html

About the Author: Theresa McFarland, M.A. has over 20 years of experience providing services to children and adults who have disabilities including autism. For up to date news on topics related to autism, please visit: http://www.newsforautism.com/pages/Home.html

“Your Online Magazine for Autism Related Issues!”




By: Theresa McFarland

If you or your child has autism, some of the most basic things you can study and learn are your rights. Every American citizen is protected under the constitution, and there are special laws that have been passed to help protect people with autism and other disabilities. By knowing the laws that protect you or your autistic loved ones, you can live in a world that provides better opportunities to everyone, regardless of not only disability, but also race, gender, and ethnicity. This is simply the first step to creating a more tolerant world in general.

The first law with which you should become acquainted is I.D.E.A., or the Individuals with Disabilities Education Act. The I.D.E.A. covers children ages 3 to 21 and provides autistic children with the special educational programs they need. The I.D.E.A. gives parents the right to be involved with education decisions concerning their child made by the school. Your child first needs to be assessed to qualify under the I.D.E.A., and this is best done by a private professional. In the end, your child has the right by law to receive a free public education that is appropriate for his or her skill level. If your public school has no such program, they are required to find one or create one at no cost to you.

Also become familiar with and knowledgeable about the American Disabilities Act. Under this act, discrimination due to disability is prohibited in the workforce, as well as with state and local government, public accommodations, the United States Congress, public transportation, and telecommunications. For example, if you are autistic, but have the skills to do a certain job, you cannot be refused the job because of your autism.

Other laws provide rights for people with autism so that they are constitutionally equal to others. One such law says that people with autism have the right to vote, and accommodations must be made so that this is possible. Another says that autistic individuals cannot be refused housing based on disability. Others provide equal rights in all other aspects of life, and these should especially be studied if your loved one with autism is in a health care institution. By knowing the law and how it applies to yourself or others with autism, you can be sure that justice is upheld. If you have questions, local law officials should be ready and willing to answer you or provide you with material to answer your own questions. Remember that ignorance of the law is not a valid excuse for anyone, so be an advocate for yourself or others with autism to prevent mistreatment.




By: Jonathan Sullivan