ERIC Number: ED113847
Record Type: RIE
Publication Date: 1975
Reference Count: N/A
Legal Aspects of Educating the Developmentally Disabled.
Turnbull, H. Rutherford, III
A major legal development in the 1970s has been the extension of the principle of egalitarianism to the developmentally disabled, particularly the mentally retarded. The principle that all persons, however unequal they may be in terms of their development, should be treated equally in the sense of being granted equal opportunities has been expressed by professional educators and the courts. Equal protection, the "access" theory, due process, and procedural requirements are involved. Typically, the courts have set forth detailed procedural requirements for implementing a judicially recognized right to education. These include notification of affected parties, evaluation and placement of children, periodic reexamination, and establishment of classification criteria. The case law on the right to education is also a state matter, as nearly all state constitutions provide for education for the children of the state. Most of the specific procedural and substantive changes in the law have taken the form of implementation of a "zero-reject policy," a policy that al children have a right to publicly supported education. (Author/IRT)
Descriptors: Court Litigation, Due Process, Elementary Secondary Education, Emotional Disturbances, Equal Protection, Exceptional Persons, Handicapped Children, Mental Retardation, Physical Disabilities, State Legislation
Available only as part of complete document, see EA 007 648
Publication Type: Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Note: Chapter 14 of EA 007 648