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ERIC Number: ED082394
Record Type: Non-Journal
Publication Date: 1972-Dec
Pages: 21
Abstractor: N/A
Reference Count: N/A
Right to Education-Civil Action No. 71-42.
White, Ruth M.
Reviewed are the progress and implications of Pennsylvania's Civil Action No. 71-42 which resulted in a consent agreement between the Pennsylvania Association for Retarded Children and the Commonwealth of Pennsylvania effectively guaranteeing public education to all retarded children between the ages of 6 and 21 years. Noted are statutes which had previously been used to exclude the retarded from public education. Testimony is reviewed which claimed the failure to provide notice and a hearing prior to exclusion to be unconstitutional and that evidence is lacking to support the assumption that certain retarded children are untrainable. The end result of the consent agreement is seen to be a zero reject system, with school districts responsible for locating previously excluded children. The agreement is explained to order the state to refrain from postponing school entrance, to refrain from denying homebound instruction, to provide free education for every person between 6 and 21 years, to provide a preschool program for the retarded if such a program exists for regular students, to provide opportunity for a hearing if a child's educational status is to be changed, and to reevaluate the educational assignment of every mentally retarded child not less than every 2 years. Litigation is reported to be in progress in 20 states to secure equal educational rights for retarded children. Appended are summaries of 10 pending or completed court cases, a summary of the right to education suit, and references. (DB)
Publication Type: N/A
Education Level: N/A
Audience: N/A
Language: N/A
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Location: Pennsylvania