ERIC Number: ED194960
Record Type: RIE
Publication Date: 1980
Reference Count: N/A
The Education of the Handicapped Act: Some Recent Case Developments.
O'Donnell, Thomas P.
The Education for All Handicapped Children Act of 1975 was intended to eliminate the need for disabled children to go to court to obtain equal access to public education. Despite the measure's intentions, court activity has continued since the measure went into effect in 1977, not only to resolve issues that had been litigated prior to the act's passage, but also to resolve questions regarding interpretation of the act itself. The issues that have been raised during the first two years of the act's existence include the necessity for exhausting administrative remedies when complaints are filed concerning evaluation or placement of children; standards of "appropriateness" in educational programs; and the financial responsibility of state agencies in meeting claims for damages. A review of the cases in which these issues have been raised indicates that, to a large extent, the issues remain to be resolved and that the law may ultimately alter the scope and identity of our educational system. (Author/PGD)
Descriptors: Access to Education, Court Litigation, Disabilities, Due Process, Elementary Secondary Education, Equal Education, Federal Legislation, Legal Responsibility, Mainstreaming
Not available separately; see EA 012 963.
Publication Type: Speeches/Meeting Papers; Opinion Papers
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Identifiers: Education for All Handicapped Children Act
Note: Chapter 11 of "School Law in Contemporary Society" (EA 012 963). For related documents, see EA 012 963-980.