ERIC Number: ED173444
Record Type: Non-Journal
Publication Date: 1979-Apr
Reference Count: N/A
The Role of the Educational Evaluator in Malpractice Litigation; Stratagems for Change.
Kean, Michael H.
Recent legislation and court decisions have upheld the right of every child to a quality education. Public Law 94-142, The Education for All Handicapped Children Act, requires that all states provide an appropriate education for all handicapped children. Given that special education is a civil right, it is inevitable that educational malpractice and special education become entwined. Three noteworthy court cases are: (1) Frederick L. v. School District of Philadelphia--involving screening tests for learning disabilities; (2) Daniel Hoffman v. New York City Schools--regarding a four-year old with a minor speech impediment who was diagnosed as mentally handicapped and never retested; and (3) Doe v. Griles--a class action suit on behalf of 113 exceptional children in the Fort Wayne, Indiana Community School District who were served by only four teachers. To implement P. L. 94-142, schools should provide evaluation services for collecting data on students, deliver full educational services (including regular class placement, appropriate programming, and safeguards), and encourage parental involvement. The special education evaluation unit should provide services related to student evaluation, program improvement, individualized curriculum planning, and recommended research studies. (GDC)
Descriptors: Accountability, Change Strategies, Compliance (Legal), Court Litigation, Databases, Educational Legislation, Educational Malpractice, Evaluation Needs, Evaluators, Exceptional Child Services, Literature Reviews, Mainstreaming, Parent School Relationship, School Responsibility, Special Education, Student Needs
Publication Type: Speeches/Meeting Papers; Information Analyses
Education Level: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Education for All Handicapped Children Act