Argument Outline

So...I did my argument outline wrong and ended up basically writing my paper, in an outlined form.  I posted my introduction section in the last post so for this one I'll post the next section.  To reflect upon this, it was really hard!  It took a ton of time and a lot of thought to how to incorporate my research into my argument and how to format it.  Although I did the outline wrong, putting it in outline form actually did help me organize my thoughts and the structure of each paragraph/section.  Here is my second section!

1. Section 1: Laws regarding inclusion and special needs students
   While continually attempting to provide the best education for their son, the Forsyth’s faced difficulties obtaining an Individualized Education Program for Sean in his first school.  Unfortunately, the school district was in total right with the law to deny the IEP for Sean under their own qualifications to grant this to a student.  Laws regarding inclusion do “not represent a defined legal requirement.”  Instead, the word inclusion in a legal sense serves as a representative word containing notions of equality rather than strict guidelines (CITE SOURCE 2).  While the government acknowledges students with disabilities should have equal rights and opportunities to education, they do not go to the lengths needed to insure this happen.  Two federal laws prohibiting discrimination against special needs students exist, the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973.  Essentially, IDEA lays out specific requirements for schools while Section 504 allows more flexibility.
1. Writer Kelley Taylor, a former NASSP general counsel, states, “IDEA and its amendments are designed to ensure that students with disabilities have maximum access to the educational benefits of the public school system” (CITE SOURCE 2).  With this said, the act embodies two fundamental principles: a free and appropriate public education (commonly referred to as FAPE) and the provision of a least restrictive environment.
1. IDEA exists to protect students with disabilities and is founded off of the belief that every student, regardless of disabilities, deserves a free and appropriate public education.
2. Additionally, IDEA stretches further to provide an education for students with special needs as it requires schools to provide services in the least restrictive environment possible.  To provide the least restrictive environment for special needs students, schools are required to include these students at all times, with the only exception is “when the nature of severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be attained satisfactorily” (CITE SOURCE 1).
3. With such federal criteria for schools to practice inclusion and provide students with the best possible educational settings, it seems puzzling as to why Sean Forsyth was not able to obtain an IEP.  Although IDEA goes to great lengths to insure equality of special needs student’s education, it also states strict qualifications for a student to be eligible for the protection stated in the law.  While Sean suffers autism, he falls at the higher functioning end of the spectrum, and did not qualify for protection granted under IDEA.  
4. At this point, Section 504 comes into play.  “Section 504 also prevents programs that receive federal financial assistance from excluding individuals with disabilities” as it continues to promote equality in the schooling system (CITE SOURCE 2).  As opposed to IDEA, Section 504 allows students with minor disabilities, such as hearing and speaking disabilities, to qualify for its regulations.  Sean’s Asperger’s Syndrome falls under the qualifications and eligibility of Section 504, not IDEA.  
5. The issue came into play, however, in Sean’s situation, when the school acknowledged Sean’s autism, yet denied him access to an IEP.  Where IDEA requires an IEP for those students who qualify under its criteria, Section 504 “only recommends that a written plan be established for a protected student” (CITE SOURCE 2).  Through this part of Section 504, the school district lawfully denied Sean an Individualized Education Program.
2. Although federal laws provide adequate protection for highly disabled students, they lack the necessary accommodation for students on a high functioning level yet still disabled, such as Sean.  With the belief that all students deserve an equal education in this country, regardless of disabilities, these laws have provided great challenges and obstacles for students like Sean to actually obtain this.