Running Head: Research Reviews of Federal Laws 1

Education 525: Legal and Ethical Issues

Research Reviews of Federal Laws

Katrich C. Williams

Education 525

Fall 2014

Dr. Brenda Dean

Carson – Newman University

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Americans with Disabilities Act

The Americans with Disabilities Act was established in 1990 by President George W.

Bush. It was created so that disabled people have the right to use public areas and spaces. This

law was the first law that gave rights to people with disabilities. This law gives those same

people the right to work. Under this law, there is no discrimination between able and disabled

people working. This law has made sure that that disabled workers were treated fairly on their

job. For example, if a disabled worker was injured or hurt while on the job, they could not be

fired.

There are also benefits of working under this law. For instance, a worker that is

employed with a computer programming company has hurt his leg on the job. As a result from

his injury, his has developed paralysis in his leg. He can neither bend nor move his leg. Because

of this injury, he cannot perform his job as effectively. Under the ADA, his job cannot fire him,

and they must make his job accommodations for him. They could possibly offer him a part-time

schedule, they can reassign him to a vacant position, and/or they can purchase new equipment

for him to use his upper body strength instead of his legs.

The ADA is divided into four sections; Title I, Title II, Title III, and Title IV. Title I says that

employers are required to accommodate those employees that have a disability. Title II says

that public places such as restaurants, museums, and libraries many not discriminate against

disabled employees. Title III says that employers may be required to provide transportation for

their disabled employers. Title IV says that the state and local governments are not allowed to

discriminate against those that are deemed handicapped.

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Paul D. Coverdell Teacher Protection Act

While being a part of the No Child Left Behind Act, congress passed the Paul D. Coverdell

Teacher Protection Act in 2001. The purpose of the Paul D. Coverdell Teacher Protection Act is

to make sure teachers, principals, and other school professionals have the tools that they may

need to use in order to keep order, discipline, and a good learning environment.

The Paul D. Coverdell Teacher Protection Act’s mission is to make sure that it protects

school officials from being held responsible from being sued for injuring a child while they are

disciplining them. The term “teacher” can include an instructor, a board of education member,

an administrator or principal, an educational professional, or even a person that is not actually

an educational professional, but one who takes care of the discipline at the school.

Unfortunately, an individual of a school district is not protected under this law.

As mentioned before, the Paul D. Coverdell Teacher Protection Act’s goal is to protect

teachers from being held responsible for neglect. This law says that the teacher is not to be held

responsible for any harm that is caused by an act of the teacher on behalf of the school if the

teacher was doing his or her teaching duties, was licensed properly where the activities took

place, or if the damage was not caused by the teacher operating a motor vehicle.

Even though the goal of the Paul D. Coverdell Teacher Protection Act was to help limit

the suits that were filed against teachers, the National Education Association (NEA) and other

teacher unions didn’t approve of the plan. The NEA has often complained that the Paul D.

Coverdell Teacher Protection Act isn’t a good plan to protect teachers from all areas of legal

issues.

Section 504 of the Rehabilitation Act

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The Section 504 of the Rehabilitation Act is a national law that protects individuals that

are disabled from being discriminated against. Even though Section 504 makes sure that

students with disabilities have the same access to education as abled students, it doesn’t

require the school to give an Individualized Education Plan (IEP) that is designed to meet the

student’s needs.

The Section 504 of the Rehabilitation Act is not necessarily an educational law. It actually

derives from the 1920 law that addressed employment and vocational rehabilitation. Since that

was the case, the definition of a person with a disability isn’t the same definition that’s

associated with the Individuals with Disabilities Education Act (IDEA). The definition includes

any person that has a physical or mental impairment which considerably puts a limit one or

more of a person’s major life activities. Students who are eligible for the section 504 don’t

necessarily qualify for IDEA.

The U.S. Department of Education’s Office of Civil Rights (OCR) normally enforces Section

504. As soon as a person complains to the OCR within 180 days of the alleged incident, that

agency investigates the situation and they give the proper punishments. The group of people

that are protected under the Section 504 is not as large as those that are protected by the

American with Disabilities Act (ADA). Section 504 only controls those organizations that receive

federal funds.

Students with handicapped conditions outside of the public education are still protected

under the Section 504 act. Students that go to Title 1 schools that are handicapped are also

protected under the Section 504.

The Family and Medical Leave Act

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The Family and Medical Leave Act was established in 1993. It was designed to give pay to

employees for up to twelve weeks if they needed time off due to serious medical conditions or

the birth or adoption of a child. Employees are eligible to be protected under this Act if they

have worked for their employer for at least a year and for 1,250 hours within the previous

twelve months.

Employees must be paid while on leave if they gave birth to a child, if they had to care

for their spouse, son or daughter, or their parent is seriously ill, and/or if they have been

diagnosed with a serious health condition and are unable to perform their job efficiently. The

employee may have to give an advanced notice of leave in order to be protected under this law.

An employee’s leave may not be granted if certain requirements aren’t met. The employee must

give their employer a 30 notice in advance to the time that they are leaving.

While the employee is on leave, he or she must keep the company’s health insurance

that is under the “group health plan.” When the employee returns to work from their leave,

most of them will return to their original position with the same pay and same benefits. If an

employee chooses to use FMLA, they cannot be fired.

It is against the law for an employer to interfere and or deny the rights that are provided

under FMLA. An employer cannot fire or discriminate an employee for reasons that are unlawful

to FMLA. If needed, the U.S. Department of Labor will come and investigate any employer to

check for violations.

FMLA has no effect on any Federal or State law that is against discrimination and it

cannot surpass and State or local law that provides greater family or medical leave rights.

No Child Left Behind Act

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The No Child Left Behind Act became a Federal law in 2002 by President George Bush.

This Act represented President Bush’s educational improvement plan and it contained many

changes to the Elementary and Secondary Act (ESEA).

The No Child Left Behind Act changed the federal government’s role in K-12 education by

simply paying more attention to school success as it was measured by student achievement.

This Act also has President Bush’s four basic education improvement plan principles: Stronger

accountability for results, increased flexibility and local control, expanded options for parents,

and a focus on teaching methods that have been proven to work.

The No Child Left Behind Act has had a major effect on public education in the United

States. The hundreds of pages that this Act contains have had some positive effect on every

public school in the country. More than anything else, the law has made a significant difference

in the lives of child and families as more pressures for accountability have been placed on the

schools.

The Title 1 section of the law provided large financial aid package for local schools. Title

1 was meant to improve the reading and math skills of students that were less fortunate. Under

this, local schools received funds based on the number of poor students enrolled.

The No Child Left Behind Act requires that all students be tested at least three times in

science throughout their years in school. The law says that schools are to measure the

proficiency of all students in science and that the tests must be given no less than one time in

grades 3-6, 6-9, and 10-12.