ERIC Number: ED132718
Record Type: RIE
Publication Date: 1976
Reference Count: 0
The "Special" Child Goes to Court. Trends in Education Series.
Kirp, David L.
The promise of law reform in this area is real: it imposes formal rationality on school sorting practices, provides heretofore excluded handicapped youngsters with some educational services, and provokes both publicity and the appearance of change. The peculiar nature of the problem and certain structural and organizational attributes of present day special education programs make it difficult to translate legal reform into educational reality. Thus far, the courts that have spoken to the rights of special children have done so in quite broad terms. This is less the case with respect to due process, where judges can rely on well-established precedents in other institutional contexts, than with respect to substantive remedies. Courts can insist on adherence to constitutional standards in defining the minimum obligation of school districts. But school district practice will have profound influence on what role courts ultimately play. If bridges between the special and regular school worlds can be constructed and if children can be assured of discrete (and discreet) help without having to bear the label "special," then many of the concerns will simply vanish. (Author/IRT)
Descriptors: Court Litigation, Elementary Secondary Education, Equal Education, Handicapped Students, Mainstreaming, Mental Retardation, Special Education, Student Placement
The University Council for Educational Administration, 29 West Woodruff Avenue, Columbus, Ohio 43210 ($3.00)
Publication Type: Books
Education Level: N/A
Authoring Institution: University Council for Educational Administration, Columbus, OH.