Summary of Argument The plaintiff claims that segregation of disabled students in early education into separate special needs classrooms is the beginning of a long road of discrimination against the student. Arguing that by not including all students in the general education classroom, schools are instilling harsh opinions on those with mental disabilities. By this, preventing students with disabilities from the …show more content…
Education and Careers
The special education programs are often focused on characteristics of a student's disability, not necessarily their educational needs. This puts a serious damper on the opportunities that will be available to the student in the future. While learning to cope with their disability and take care of themselves is important, it does not allow special education students to learn the same curriculum as the other classes that is meant to ready a student for college, trade school or a career after high school. Until 1997, special education students were not even included in statewide school assessments.
As previously mentioned, not only are special education students denied the same opportunities in school, they are discriminated against by their peers. This institutionalized view that starts at an early age carries on into workplaces and the overall consensual view on disabled rights, “[b]ecause physical and cognitive differences are viewed as elements of human diversity, those ascribing to the social model assert that society is responsible for assigning negative connotations to disability and constructing environments that limit, if not inhibit, accessibility; this includes access to education, health care, entertainment, and job prospects.” It’s clear that this view is established early in part with the segregation of special needs …show more content…
This can come in the form of an institution or care at home. With medicaid funding, home care is not always an option for people, often forcing people to choose to be admitted just to get the care they need. In 1999, “the United States Supreme Court held in Olmstead v. L.C. that unjustified segregation of persons with disabilities constitutes discrimination in violation of title II of the Americans with Disabilities Act. The Court held that public entities must provide community-based services to persons with disabilities when (1) such services are appropriate; (2) the affected persons do not oppose community-based treatment; and (3) community-based services can be reasonably accommodated, taking into account the resources available to the public entity and the needs of others who are receiving disability services from the entity.” This allows for the option of community based care, however the funding does not always allow it. With community based and in home care costing more and medicaid funding being limited, people are often left with no choice, “[medicaid, the public health care financing program for low-income people, is the single-largest payer, accounting for 44% of LTSS