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The first and foremost of these is, what is ultimately, “the right thing to do.” While we may or may not agree on the answer to this question, as well as those that follow, many advances have been made in our society to deal with disabled individuals in the most humane and ethical way possible. In 1975, Public Law (PL) 94-142 was passed. This law has several parts, each pertaining to a different aspect of discrimination, or nondiscrimination, of disabled persons. This law was passed in hopes of avoiding not only the horrific scenarios found in Nazi propaganda films such as Selling Murder, but further to guarantee all disabled individuals a fair chance at life: to live to the fullest extent of their capabilities and fulfill their potentials. In the film, Selling Murder, Nazi officials convey to the public that disabled people are a threat to the world community, and that they are living a “life without existence.” It goes further and says that not only should those who are disabled be quarantined and banished from society, but for their own sake they should be sterilized, and ultimately killed. Labeling the mass deaths of disabled persons “mercy killings,” the film explains how they, the disabled, are unable to function as “real” human beings, and that if they had the mental facilities to make the choice, they would choose death over such a menial existence. Showing gruesome photos of the severely physically disfigured, the propaganda seeks not only to convince, but to scare the masses into agreement. On the other hand, films such as Regular Lives demonstrate the ability of disabled individuals not only to survive, but to flourish and better their communities through their own efforts. It demonstrates the necessity to include disabled students in any and all ways possible in order to help them adapt to a social environment as normal as is possible. PL 94-142 states that all disabled students are guaranteed a FAPE (free and public education). With this comes the formulation of an IEP (individualized education plan). This grants students a goal guided objective list for their education. The IEP team constructs a vision for the student, one year at a time. This vision projects past one year, however, and gives insight as to where the student may be in several years. Next, the IEP lists the students current performance levels in relation to norms correlating with age and grade. Also on the IEP are goals and objectives, specific measurable goals which the team projects that the student will be able to attain over the course of that year. In addition, Ohio requires that by age sixteen, all students must be provided, or help to form a transition plan for making the switch to adult living, be it post-secondary education or vocational training, or skills for finding and keeping a job and maintaining a daily home life, with or without the assistance of others, disabled or not. Is there a universal answer, or is it relative? We as a society have developed our answer to this question: PL 94-142. This law states that no disabled person may be excluded from a FAPE. Students receiving an evaluation, which may include standardized or criterion evaluations, along with vision or hearing screenings, will be evaluated without bias: they will take evaluations in their own language, and tests will be free from ethnic, racial, or otherwise discriminatory elements. All students will be given an IEP. This plan is constructed by a team of teachers, parents, administrators, and other specialists who ultimately seek to guide the individual and allow him to fulfill his greatest potential. The student will likely also be involved in this process if possible. Is there or can there be a process for resolving the issue? In addition to PL 94-142, laws have since been made to further refine this mandate, and to further enhance the lives of disabled individuals. In 1990, IDEA (Individuals with Disabilities Education Act) was passed; it added autism and brain injury to the list of disabilities eligible for special education. Further, in 1997, IDEA was amended to read that disabled students should also work as much as possible from the curriculum of typical students. It also emphasized the importance of regular education teachers in the IEP team. This IEP team is essential to the welfare of the student, both academically and socially. It will guide him on a path that will set the pace for his life. The makeup of the IEP is a crucial mix; it must contain individuals from different disciplines, namely those in which the student has difficulty, as well as others in which the student may excel. The parents of the individual, as well as typical classroom teachers and special education teachers are key as well, as they will most likely be able to lend the most insight into the progress and potential of the child. Through careful evaluation and compilation of an appropriate IEP, students will be able to be placed in the least restrictive environment possible for their abilities- an inclusive education. As is stated in Hardman, page 47, “Inclusive education may be defined as placing students with a disability in a general education setting while making available the necessary supports (or support networks) to ensure an appropriate educational experience.” What is the impact of process and power? PL 94-142 grants parents a great deal of authority in the process of their child’s education. Under PL 94-142, parents are granted the following rights: all authority over who may or may not view the child’s school records, the right to have their child tested and retested to evaluate the level of his/her disability, the right to agree or disagree as to whether or not the child is placed in special education, and, if the school disagrees, the right to a fair hearing to decide the educational path at the child, during which time the student will maintain his current education setting, be it special education or a typical setting. Additionally, the previously mentioned IEP team will formulate an plan for each student based on his performance on evaluations, as well as input from specialists or those who have had experience with the student. The parents will also be an active part of this team, as will the student, upon reaching the ability level to do so. At minimum, this IEP team must have four members: the parent or parents of the student, a regular education teacher to provide insight into the typical school curriculum, a special education teacher who may help to explain any special adaptations the student may need, and a local education agent, often a school principal or special education supervisor to be of help in allocating and budgeting needed resources for the student. As well, the student is encouraged to help in this process if able to, as well as may other individuals as the group deems necessary, such as a translator if the family does not speak English, or another teacher or administrator to explain evaluation results to those involved. What is the relevance/necessity of making moral judgments when formulating a course of action? Disabled people have been discriminated through time. They have been played as Jesters for entertainment, banished as havens for evil spirits, and massacred simply for being different. They have been subject even to sterilization, seen as people unfit to breed. We are forced to ask ourselves- why then, does it matter? Hardman states on page 52, “Social justice and equality for all people should be of paramount importance in the design and delivery of all curricula.” Fair and equal treatment of disabled persons matters because they, like all other citizens of this country, are people. They are born in this country with the guarantee that they will be granted “life, liberty, and the pursuit of happiness.” With this in mind, it is our moral and ethical obligation to “hold these truths to be self evident, that all men are [indeed] created equal.” This country was founded on these beliefs, and as we continue our progress forward with laws such as PL 94-142, we support this creed. Bibliography: Word Count: 1412
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