Respond to this 250 words 2 apa citations As we continue to discuss and evaluate the constitutional rights that the people should have and that should be followed, "new" issues present themselves.

Respond to this 250 words 2 apa citations 

As we continue to discuss and evaluate the constitutional rights that the people should have and that should be followed, "new" issues present themselves.  These are no new issues; they are the same issues, that due to today's technology, the evidence is being pointed out.  As a former Service Member, now a disabled veteran, I can relate to the people that suffer indignity and separation from the masses, and my disability does no compare to others.  As people continue with the mindless thought that they have, we will continue to have the mindset of "Separate but Equal." 

Consequences if the case had been decided differently 

The fact is that some people forget that we have laws that protect the students, parents, and teachers, that we have tools to guide us and prepared us to be better than our predecessors.   If society study, do research, they will find that these laws are bein in place from some time, but they do not unless benefits them more than the other part.  IDEA has been around for almost 45 years.  It has been presented as the Rehabilitation Act in the 1970s and then as the American Disabilities Act in the 1990s.  So as it seems the act or law is not new, it just reformed for today's society to better understand the concepts and what it is implied and how to apply it. 

What is IDEA?  What does the act provide?  IDEA is the Individuals with Disabilities Education Act, and it is a four-part piece of American legislation that ensures students with a disability are provided with Free Appropriate Public Education that is tailored to their individual needs.  IDEA provides children with intellectual disabilities and physical impairments academic and financial resources to have an equal opportunity for education.   When a student is qualified as disabled, schools must construct and enact an Independent Educational Plan (IEP) for that student to remain in compliance with the IDEA statutes, as parents it is crucial to recognize the benefits that will present for the children.  I have a son with ADD, and he is in a 504 educational plan at school, where he has more time to do the schoolwork and homework to comply with the class and school educational requirements.  This act or law will not limit the child, will help improve and thrive in the present and the future.

In the case of T.K. vs. New York Department of Education (2016), it is regarding a  student with disabilities that has been the recipient of severe bullying.  As a parent, what do you do to help in the situation?   As any responsible parent should ensure that the school intervenes and put a stop to it, in the case of T.K. vs. NYDE (2016), it was not productive because the bullying continued towards the student.  So, the parents decided to remove him from the school and enrolled him in a private one and then sued the NYDE to compensate for the cost of tuition at the private school.  No parent should suffer, and neither the student if the laws that are out there are implemented and used the correct way to avoid incidents as the one mentioned—the lower court rule in favor of the NYDE.  The plaintiff appealed in the 2nd Circuit Court of Appeals, and the court ruled in favor of them.   The determination was that the school failed by not providing the accommodation needed or required for the student based on the disability on hand and stipulated by IDEA (2004).  Also, the teachers and administration failed by not providing a safe learning environment, not only for the student in question, for all the students in general.  The Court stated, "In practice, this means that states have an affirmative obligation to provide a basic floor of opportunity for all children with disabilities or, as we recently described it, an education 'likely to provide progress, not regression..." 

What would have happened if the court ruled the other way?  That was the case of the Board of Trustees of the University of Alabama vs. Garrett (2001) provided a precedent that the Eleventh Amendment protected States from financial compensation when sued by employees with disabilities.  As the IDEA is analyzed and understood, the case presented one of the four articles that determine the assistance and implementation of it.  That article is the one that states that students with disabilities must be given, "provisions related to formula grants that assist in providing a free appropriate public education in the least restrictive environment for children with disabilities ages three to 21" (sites.ed.gov).  The fact that the school did not address the bullying and did not make an accommodation for it in her education program put them in violation of IDEA.

In many cases, there is only one choice of a public school, and the only alternative is a private school, and this is the issue that has been faced today; it should be required to have more schools that can accommodate students with disabilities.  Here at Osceola County, the schools have a lot of schools that have teaching positions, that works and teach students with disabilities, and as well as assistant teachers and paraprofessionals, that help the students to thrive and understand the school and classwork.  If the ruling were reversed, the power to hold schools accountable for IDEA violations would have been greatly diminished.  It would have set a precedent that could or would destroy the IDEA, and set into motion a chain of events and court cases already ruled in favor of the IDEA student.  The courts instead stated if schools cannot provide an appropriate education in the public sector, they must offer it in the private sector, thus expanding students' rights.