Attitude, Legislation, and Litigation (Name) (Institution) Attitude, Legislation, and Litigation The historical marginalization of people with disabilities limits their chances to equitably participate in basic activities. In some cases, it has resulted in the victimization of these persons within the institutions of learning as a result of psychosocial factors…
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It was until the mid-1970s that human rights advocacy, litigation, and other forms of legislation came into play. The turning point came in 1975 following the inauguration of the Education of All Handicapped Children Act. Since then, a series of legislations have been put in place to integrate students with disabilities within the overall education system. These developments were instrumental in the realization of inclusive education across the globe. Several countries have so far adopted progressive laws that seek to protect the rights of students with disabilities within the education system (Hodge, 2010). According to Winzer & Mazurek (2000), the contemporary special education system has been designed to enable students with disabilities exploit their full potential. These design acknowledges the difference that exists between students with disabilities and the average students. It thus accomodates the special needs of every individual student and seeks to embed this understanding deep within the overall education system. The succes of the entire process largely depends on external forces such as legislation, politics and ethics. The Americans with Disabilities Act (ADA, 1990) stipulates that all students with disabilities should be given unrestricted access to educational programs. It also criminalizes all forms of discrimination against persons with disabilities, specifically within the education sector. Similarly, the United Nations has developed policies aimed at promoting the rights of children with disabilities. For instance, the United Nations Standard Rules for the Equalization of Opportunities for Persons with Disabilities (1993) was pivotal in the birth of inclusive education. The inclusion model seeks to address social justice that forms the basis of normalization within the general education system. Generally, the inclusion model seeks to make students with disabilities a part of the local community. This is achieved by accommodating such students in the local schools rather than segregating them in special schools. As such, these students interact with people from their community thus enabling them to develop problem-solving and cognitive skills. In the event that the students with disabilities are isolated in special schools, the realization of normalization remains would be a mirage. The principle of inclusion eliminates elements of discrimination and shapes the general attitude towards people with disabilities (Konza, 2008). Despite the recognition of students with disabilities within the general education system and the consequential adoption of strategies to normalize and provide education for all, a myriad of issues still threaten the successful implementation of the process. The commitment towards inclusive education is too demanding. The first challenge is the establishment of national standards of education which are very competitive. Secondly, the increasing litigation on education policies and bureaucractic demands call for increased flexibility amongst educational practitioners. Lastly, the overall student performance or assessment; based on examination results, confronts the success of the process. Most schools focus on the overall academic excellence thus students with probable academic challenges are hardly offered a chance. In essence, schools that consider high-performing students admit more students as compared to schools that have opportunities
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Floodgates of litigation. The issue of floodgates of litigation has consistently appeared in the courts, especially when it comes to certain cases which seem to create a path through which more cases can be filed to the courts, based on a determination that had not previously been done.
The law is clear on the required procedure to be followed in handling personal injury claims. The solicitors of both parties can agree on the nature and amount of compensation to be made and the case is settled out of court. The essence of this alternative dispute resolution mechanism is time and cost saving.
The 18th and the 19th century American women faced all manners of oppression. They were expected to stay at home to nurture children and take care of homes. As such, they were not expected to be heard, but to be seen. This implied that men dominated over them in all matters in society.
It also includes the protection of the rights of the underrepresented groups such as women. It aims at fostering diversity and compensating for the ways in which such underrepresented groups have historically been excluded through programs that
While transportation times may depend on the size and capabilities of the school district, an hour is generally too long of a commute for students with significant disabilities to travel. There may be exceptions, such as in rural areas where a limited number of locations within the district are set up to provide such services.
Since then it has been bolstered and expanded through the re-authorizations in 1997 and 2004. In addition, the No Child Left Behind Act (NCLB) included several provisions for mandating and measuring the success of equal treatment. This has resulted in several cases of litigation as the Department of Education enforces the guidelines of NCLB and schools seek additional funding (Studies find growing discontent with NCLB, 2005).
Emphasis has been given on hiring learned and well trained teachers who would also be supportive and friendly. But with the rising demands of standard education and students’ performance teachers face new challenges. In keeping with
In this case, legal action is the move to enforce the rights in question, to get the compensation to be met, or for the retribution of the injured party. Some of the legal action modes that may be taken include: mediation or litigation.
Litigation, may take the form
Three of those techniques are arbitration, mediation, and litigation. The organization I selected to analyze the application of these techniques was a former employer of mine. All three of these techniques were used by
In case the offending party is found to be guilty, then they are required to compensate the injured persons or provide for compensation for the property. Tort law is not static but continually dynamic to
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