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Document Number: 6040

Legal Rights: The Overrepresentation of Culturally and Linguistically Diverse Students in Special Education - Special education in the United States is largely controlled by federal laws covering two related issues: (1) the guarantee of a free and appropriate education, and (2) anti-discrimination laws protecting students with disabilities. This brief summarizes relevant laws, including the Individual with Disabilities Act (IDEA), Section 504 of the Rehabilitation Act, Title II of the Americans with Disabilities Act and Title VI of the 1964 Civil Rights Act. In addition, this brief discusses practical application of the laws, hypothetical examples of how the legal procedures might work in reality and the process for filing complaints with the Office of Civil Rights. It also lists resources for those seeking further information. (Kevin Welner, National Center for Culturally Responsive Educational Systems, 2004)...

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