ERIC Number: ED111049
Record Type: RIE
Publication Date: 1975
Reference Count: 0
Legal Aspects of Educating the Developmentally Disabled. NOLPE Second Monograph Series on Legal Aspects of School Administration, No. 6. ERIC/CEM State-of-the-Knowledge Series, No. 31.
Turnbull, H. Rutherford, III
A major development of the law in the 1970s has been the extension of the principle of egalitarianism to the developmentally disabled, particularly the mentally retarded. In recent years numerous judicial decisions have overruled the practices of school districts that have excluded developmentally disabled children from educational programs. This monograph examines these cases and discusses their underlying legal principles, including the emerging "right to education" and the Fourteenth Amendment rights to equal protection and due process. The implications of the cases are explained for school authorities, who must identify, evaluate, and place handicapped children in appropriate educational programs. State constitutional and statutory provisions for educating the handicapped that help to explain the development of the legal aspects of educating the developmentally disabled are also examined. The appendix contains proposals for state legislative action to respond to the judicially established right to education mandates. (Author/MLF)
Descriptors: Classification, Compensatory Education, Court Litigation, Developmental Disabilities, Due Process, Educational Practices, Elementary Secondary Education, Equal Education, Exceptional Persons, Handicapped Children, Intelligence Tests, Legal Responsibility, Mainstreaming, Mental Retardation, School Administration, Special Education, State Legislation
National Organization on Legal Problems in Education, 825 Western Avenue, Topeka, Kansas 66606 ($4.95)
Publication Type: Books
Education Level: N/A
Sponsor: National Inst. of Education (DHEW), Washington, DC.
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.; ERIC Clearinghouse on Educational Management, Eugene, OR.