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Children With Emotional Disturbance

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There normally are two laws that are used for the diagnosis of children emotional and behavioral challenges to receive specialized help. The section 504 of the vocational and rehabilitation act of the year 1973, which is a civil right law, offers prohibition for programs receiving federal funds from discriminating children with disabilities (Constantine et al.2014). Under particular circumstances, the Act requires that the school districts make accommodation for the children suffering from emotional disorders. The additional federal law, the Individuals with Disabilities Education Act (IDEA), authorizes that students who are eligible should receive access to special education (Wiley & Brigham, F010). The access should additionally be related to services and the fact that the services are tailored to meet the unique educational needs that the child requires. The reason as to why section 504 is a civil rights law is meant to guarantee that the discrimination of the disabled children is outlawed. The reference to a disabled person according to the section is in reference to the one whom:
Possessing a mental or physical ...
... condition that limits one or more major life activities is the main condition for one is classified as having impairment. The individual, to be referred as disabled, should have a history of such a specific impairment and finally is regarded to have such impairment (Nordness, Epstein & Cullinan, 2013). The group that is normally entitled to receiving educational services, as well as special treatment, is the individual having mental or physical impairment limiting the major life activities. The fact that learning is regarded as a major life activity, the children diagnosed with emotional disorders and had demonstrable difficulty in learning is eligible under the section 504. In addition, it does not mean that the children who have been evaluated and found eligible are placed in the special education classes. Those students who normally qualify for services under section 504 have to be taught in the regular classes unless the access proves to be impossible. The law dictates that no one can prevent the disabled child from exercising their right in regard to the free, as well as public education. Thus, the objective of the section is to offer accommodations to make sure that all the children have equal opportunities for competing in their regular classes (Nordness & Cullinan, 2013).
The qualification for section 504 follows that it has to be serious enough that the child needs specialized accommodation, as well as services. The determination of the substantial limitations must not be in reference to the ameliorative impacts of the mitigating measures. Thus, the implication of thus paradigm entails the fact that question on whether the child possesses substantial limitation relating to a specific area is answered before the intervention. The mitigating factors that are incorporated in the section include things such as assistance technology, medicine, psychotherapy, learned behavioral modifications as well as reasonable accommodations. The children who are normally covered under Section 504 entail those children having less serious disabilities or rather the children who would not qualify for the same under the IDEA but have a disability (Cloth, Evans, Becker, & Paternite, 2014).
Provisions of Section 504
On the occasion, that a child is found to be eligible under section 504, the school is mandated to develop a plan for section 504. The plan encompasses the evidence-based interventions, appropriate accommodations as well as the related services which normally are research based. The plan has to offer the eligible child with an equal success opportunity and should be based on individual needs of the child as well as in comparison to the age of their non-disabled peers. The section is normally described as the free appropriate public education (FAPE) under Section 504, entails standards relating to equal opportunity and being a standard for educational benefit to IDEA. Many stakeholders mistakenly assume section 504 plan entails a checklist for checking the eligibility of children. The development if an efficient 504 plan is meant to satisfy the specific needs of the child and not a template that school districts just make available (Della, & Pedersen, 2005).

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