...Disability Discrimination Act 1992 Act No. 135 of 1992 as amended This compilation was prepared on 8 January 2010 taking into account amendments up to Act No. 124 of 2009 The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, Canberra Contents Part 1—Preliminary 1 2 3 4 5 6 7 8 9 10 11 12 12A 13 14 1 Short title [see Note 1].......................................................................1 Commencement [see Note 1].............................................................1 Objects...............................................................................................1 Interpretation .....................................................................................2 Direct disability discrimination .........................................................8 Indirect disability discrimination.......................................................9 Discrimination in relation to associates .............................................9 Discrimination in relation to carers, assistants, assistance animals and disability aids...............................................................10 Carer, assistant, assistance animal and disability aid definitions.........................................
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...Running head: HISTORY OF SPECIAL EDUCATION LAW According to National Assessment of Educational Progress (NAEP), an IEP, or Individualized Education Program, is “a written statement for each individual with a disability that is developed, reviewed, and revised in accordance with Title 42 U.S.C. Section 1414(d).” (NAEP Glossary) Each source I studied stressed the concept of “individualized” plans because each program is tailored to specifically meet the needs of that particular student through a series of assessments, meetings and medical diagnoses. Recognizing that the content of the IEP is legally binding, it’s important to ensure that what is included in the IEP safeguards the needs of the student and that the student needs are being met? So after Further research I discovered a site that put the definition of an IEP in easily understandable terms: [An IEP] is a legally binding document that spells out exactly what special education services your child will receive and why. So by doing the IEP not only would It will include the students classification, placement, services such as a one-on-one aide and therapies, academic and behavioral goals, a behavior plan if needed, percentage of time in regular education, and progress reports from teachers and therapists. What is and we see that these plans contain information about the child’s classification, such as autism, deaf-blindness, orthopedic impairment or mental retardation for example, which requires the special...
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...Legal Protection Provided against Disability Discrimination — Evaluation of the Appropriateness of the Disability Anti-discrimination Laws Name Institution Date Introduction The evolution of the world has been accompanied by a number of social developments. Some of these social developments have included equality policies, and as far as disability is concerned, this has been one of the critical areas of concern[1]. The concern has been extended in a number of areas, especially jurisprudence. The rationale is that people with disabilities have often been condemned to contend with discrimination, a social injustice. On the other hand, jurisprudence is as an avenue of guaranteeing justice for all. Various legal steps have been developed, including the formulation of laws. This paper seeks to examine the outright nature of these steps in taming disability discrimination. Disability anti-discrimination laws Central to the disability anti-discrimination legal steps are the legal stipulations underlying the Universal Declaration of Human Rights and bill of rights, which have often served as a framework for inequality policies. In particular, the universal Declaration of Human Rights is considered as a common standard for achieving social justice for all people across the world. What is well noticeable from all the articles in the Universal Declaration of Human Rights is the emphasis for treating every person...
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...6000 Title: Americans with Disabilities Act of 1990 (ADA) Submitted to Meet the Requirements of Integrated Studies 6000 Submitted by: Kirk L. Williams Jr. On Sunday, July 19, 2015 To Dr. Ronald J. Hunady Table of Contents Topics Page I. Introduction 3 II. Project Purpose 3 III. Project Methodology 3 IV. Body of the Paper 4 V. Conclusions 13 VI. References 14 I. Introduction I am a retired Army combat Veteran diagnosed with Post Traumatic Stress Disorder (PTSD). In addition, I am a survivor of Renal Cell Carcinoma commonly known as kidney cancer. Transitioning into the civilian sector made me curious about how civilians deal with American with disabilities. The Americans with Disabilities Act of 1990 (ADA) is a civil rights law that protects employees with disabilities. The law prohibits employers from discriminating against individuals with physical and mental disabilities and the chronically ill. The Vocational Rehabilitation Act of 1973 was the first law to prohibit the discrimination of disabled in federally funded activities. This law did not protect the disabled under the Civil Rights Act of 1964. Therefore, in 1990 Congress passed the Americans with Disabilities Act to protect this class of citizens. II. Project Purpose To learn the applicable laws and protections afforded employees under the ADA. III. Project Methodology I will research the laws governing the ADA by using books...
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...personalities, situations, and races. The topic that will be discussed today is the Americans with Disabilities Act of 1990 (ADA). The topics that will be covered will consist of the law itself, any amendments, and most importantly ADA rights to the employee. First lets discuss the ADA act of 1990. According to Snell and Bohlander’s book Managing Human Resources “the ADA, prohibits employers from discriminating against individuals with physical and mental disabilities and the chronically ill.” This law is to be enforced to any employer with 15 or more employees. According to Snell’s and Bohlander’s book “The law defines a disability as “(a) physical or mental impairment that substantially limits one or more of the major activities; (b) a record of such impairment; or (c) being regarded as having such an impairment.” Note the law also protects people “Regarded” as having a disability- for example, individuals with disfiguring burns. (1) This is particularly important for one to know especially in a management role. Since the regarded part of the ADA act of 1990 can be very broad and subjective. Another important piece of information is that the law says that as a hiring manager or company one is not allowed to ask the potential employee what their disability is. In addition one can not ask the potential employee to conduct any medical examination in regards to their disability. One is able to ask the potential employee to explain how he/she will perform a specific task that...
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...Parmele Law Firm, the experts in Social security disability law Since it was founded several years ago, Parmele Law Firm has assisted thousands of people with disability get Social Security disability benefits owed to them in order to continue living their lives to the fullest. At Parmelele Law Firm, we have vast knowledge in disability law; this factor, alongside our zealous attitude and compassion to fight for our clients rights has seen the law firm spread it wings across the Midwest. The law firm is committed to helping individuals and families residing in the states of Missouri, Kansas and Illinois to obtain social security disability benefits. Parmele Law Firm understands that social security disability is not in an entitlement program; instead it is an insurance benefits scheme that workers have paid for over the years...
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...Kenyata York December 5, 2012 SPE 526 ABSTRACT Individuals with disabilities have the same passion, drive, determination and ambitions of traditional students. Students living with disabilities are just as capable of learning and retaining information just like traditional students in the classroom. In today’s society, there are an abundance of laws and regulations that are in place to protect and educate individuals with disabilities. However, the idea of educating individuals with disabilities was not always a positive and fair thought in the United States. Throughout history, the laws and regulations for students with disabilities have been created to establish equality and opportunity for educational advancement. Some of the laws and regulations include the creation of the Education for Handicapped Act (EHA), the Individual with Disability Education Act (IDEA), and legislation to have teachers trained to work with students who are “mental challenged” and deaf. Individuals with disabilities have the same passion, drive, determination and ambitions of traditional students. Students living with disabilities are just as capable of learning and retaining information just like traditional students in the classroom. In today’s society, there are an abundance of laws and regulations that are in place to protect and educate individuals with disabilities. However, the idea of educating individuals with disabilities was not always a positive and fair thought in the United States...
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...students that have disabilities and gifted students. The history of special education have covered many issues throughout the years. There have been many laws and regulations created to help protect individuals with disabilities. This paper will report on the past history of special education, the laws associated with Individuals with Disabilities Education Act (IDEA), and how the current and future challenges of special education affect the laws. What is Special Education? Special Education was created to teach students with disabilities at no cost to the parents. Special Education in the past involved schools that did not support or recognize students with disabilities. Today Special Education have progressed to provide services to all students no matter what their disabilities are. Special Education is a program that establish guidelines and expectations that teachers, parents, and students follow, in order for the student to receive the proper help they need (Heward, 2009). Disabilities could be labeled as physical, mental, emotional, or gifted. Special Education are services that are put in place after an evaluation process of the student. The services offered by the Special Education program would be offered to students inside the classroom, as well as being pulled out of the classroom for one-on-one attention. Special education offers education to students who may require additional support to be successful students in school. All students with disabilities are eligible...
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...Several federal statutes, as well as many state statutes, prohibit disability discrimination against students by educational institutions (Kaplin & Lee, 2014). Federal and state disability discrimination laws require colleges and universities, as places public accommodations, to provide appropriate accommodations for otherwise qualified students with disabilities. But if the student misconduct is related to the nature of the disability, and the conduct would otherwise violate the college's code of student conduct, administers must face a difficult choice. (Kaplin & Lee, 2014). These statutes require public and private schools to provide equal educational opportunities to students with disabilities, including reasonable accommodations to students...
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...Inclusive Education Inclusive Education is a learning environment where children with and without disabilities are taught together, as equals. This approach is different to more traditional approaches to the education of children with disabilities, such as the SPED model used in the Philippines, that involve segregating CWDs into separate classes or even separate schools. Inclusive Education is recognized by teachers, families and policy makers to be a more beneficial way of ensuring that children with and without disabilities achieve their full educational potential. The LCD Philippines Foundation Inclusive Education program was initiated in 2005 in response to a perceived need for a remodification of the current educational system for CWDs in the Philippines. Working in partnership with the Department of Education, other national NGOs and 19 Community Support Groups (made up of volunteer parents and volunteer organisations), amongst other partners, the program involves creating awareness among stakeholders; improving access to Inclusive Education in schools and communities through providing accessible features, equipment and appropriate teacher training; adopting an holistic approach to address the needs of CWDs through comprehensive health management and rehabilitation interventions (including a program developed by one of our CHIIPS Interns – ICARE) and research and data gathering. In addition the Inclusive Education in collaboration with the Economic Empowerment programme...
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...Education of Individuals with Disability Name: Institution: Education of Individuals with Disability History of Special Education In the early 18th century, people with disability were often ignored, obscured, or put to death. First efforts to provide education for disabled students were focused on students with sensory problems such as the deaf and blind. During the 19 and early 20th century, schools that were specialized in providing education to students with disability emerged in United States and Europe. The extremely published story of Helen Keller influenced the introduction of education for disabled people in America. In 1887, Anne Sullivan who was Helen’s teacher said that he will not give up in offering education to the deaf and the blind, and she succeeded in teaching a five year old Helen how to communicate (Ashbaker, 2011, p. 25). Prior to 1965, there were no free education services provided to students with serious disabilities. These students were barred from attending school. Most of the students with severe disabilities used to put up in institutions. Many students who had mild disabilities and were not in a position to complete high school without any help did not have any other alternative other than dropping out of school. To appreciate developments that have placed disabled students in normal learning classroom, it is important to understand the legislative history that led to this move. Back in 1954, there was a civil rights case that involving...
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...Employment Law Compliance Plan Carrie "Shellie" Cobbs Human Capital Management HRM 531 Linda Johnson March 15, 2015 Employment Law Compliance Plan atwood and allen consulting memorandum to: Traci Goldeman from: Shellie Cobbs subject: Employment Law compliance plan for Landslide Limousine date: March 15, 2015 cc: Bradley Stonefield I have researched several employment laws for Mr. Stonefield’s Landslide Limousine Company and there are four laws that I will outline for Mr. Stonefield to consider complying with in his new business venture. I will discuss in this memo the Civil Rights Act of 1964 regarding employment discrimination, The Americans with Disabilities Act of 1990 regarding people with disabilities, Equal Pay Act of 1963 regarding wage discrimination between men and women, and lastly the Texas Minimum Wage Act regarding the least amount of an hourly wage payable in the state of Texas. I will give a brief summary of each of the four Acts and consequences for noncompliance. Civil Rights Act of 1964 The Civil Rights Act of 1964 is regulated and enforced by the Equal Employment Opportunity Commission (EEOC). As a new business, if you receive any federally funded monies such as grants, assistance, or subsidies The Civil Rights Act of 1964 applies to you. The EEOC “enforces laws that prohibit discrimination based on race, color, religion, sex, national origin, disability, or age in hiring, promoting, firing, setting wages, testing, training, apprenticeship...
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...those with disabilities important or relevant in the classroom. Therefore, disabled students did not receive fair or equal treatment. Over the past century teachers, governments, and families have worked to create laws and regulations to ensure that students with disabilities have fair and equal treatment in schools. This paper will discuss the history of special education and law and acts that were created to help the field. In addition, current and future challenges of special education are also examined. Keywords: special education, No Child Left Behind, Individuals with Disabilities Education According to the United States Department of Education there were 6 million children from the age of birth to 21 that received special education services in 2009-2010 (Department of Education). In addition, since the federal government started reporting child data in 1977 the percentage of students receiving special education services has doubled from 23.8% to 42.3%. With encouraging statistics like those mentioned it seems like the United Sates has always been innovators of special education. However, this is actually not the case. When the founding fathers of education established the foundations of school, individuals with special needs were not considered. In fact, individuals with disabilities have historically been discriminated upon and have struggled for acceptance (GCU, 2010). Educational institutions even promoted the exclusion of children with disabilities (GCU, 2010)...
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...Bullying Info and Facts Defining Bullying Behavior What is bullying? At first glance, it might appear that this behavior is easy to define. A common image of bullying might be of a physically intimidating boy beating up a smaller classmate or of one child shoving another inside a hallway locker. While that is still considered bullying, it's important to know that bullying behaviors can be much more complex and varied than historical stereotypes. For example, while some bullying is physical and easy to recognize, bullying can also occur quietly and covertly, through gossip or on a smart phone or the internet, causing emotional damage. As a starting point, there are elements that are included in most definitions of bullying. Although definitions vary from source to source, most agree that an act is defined as bullying when: * The behavior hurts, humiliates, or harms another person physically or emotionally. * Those targeted by the behavior have difficulty stopping the action directed at them, and struggle to defend themselves. * There is also a real or perceived “imbalance of power,” which is described as when the student with the bullying behavior has more “power,” either physically, socially, or emotionally, such as a higher social status, or is physically larger or emotionally intimidating. Many definitions also include: * The types of Bullying: The behavior can be overt and direct, with physical behaviors, such as fighting, hitting or name calling, or it...
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...Education and the Laws Associated with the Individuals with Disabilities Education Act (IDEA) Latrena Y. Haynes Grand Canyon University: SPE - 526 March 05, 2014 Abstract Special education is a type of education for students with special needs. The term is usually abbreviated as SPED which can also mean Saving People Every Day. This includes people who are different from normal people whether they are a baby, toddler, young adult, or an adult. This includes people who have a disability who are often overlooked at because of their disability. This also includes people who just want the same treatment and an education given to them as a normal or regular person. This paper will explore the history of education and the laws associated with the Individuals with Disabilities Education Act (IDEA). It will also discourse the current and future challenges that the laws have on special education. The History of Special Education and the Laws Associated with the Individuals with Disabilities Education Act (IDEA) The history of special education started back a long time ago in the 1900s when people was going to court versing the other to fight for an education for students with disabilities. Children with disabilities were overlooked and not accepted by the general population (Heward, 2009). No matter when they born or where they was born, if they had a disability then discrimination always occurred. Back in the days, educating a child with a disability was unheard of...
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