ERIC Number: ED242086
Record Type: RIE
Publication Date: 1981
Reference Count: 0
IEP's: A Gateway for Legal Entanglement.
Connors, Eugene T.; Vacca, Richard S.
The section of the Education for All Handicapped Children Act (P.L. 94-142) detailing "appropriate education" as a function of an Individualized Education Program (IEP) regulates a variety of educational considerations. Arguing that the IEP is in fact "the hub of the special education wheel," the authors of this document begin by detailing the program's particulars and reviewing landmark court cases relating to (1) the IEP's content and its involvement in student discipline and (2) the right of handicapped pupils to participate in extracurricular activities. Following sections on the IEP and accountability--including a review of seven categories of "causes of complaints"--and on the expanding concept of educational negligence, definitions and court cases involving each of the possible grounds for claiming malpractice in relation to the IEP are reviewed: (1) negligence, (2) intentional or negligent misrepresentation, (3) breach of contract, and (4) a claim under 42 USC 1983 (constitutional tort). Remaining sections concern problems plaintiffs must address to carry forward a claim involving the IEP--the child's ability to learn, achievement level, classification and placement--and grounds for plaintiff claims. It is concluded that the IEP represents the one facet of P.L. 94-142 most conducive to legal challenges relating to educational malpractice. (JBM)
Publication Type: Legal/Legislative/Regulatory Materials; Reports - Research
Education Level: N/A
Audience: Researchers; Administrators; Practitioners
Authoring Institution: N/A
Identifiers: Education for All Handicapped Children Act