ERIC Number: ED195034
Record Type: Non-Journal
Publication Date: 1980
Reference Count: N/A
The Courts and the Handicapped and Public Schools.
Von Brock, Robert C.
This paper takes a brief look at how several courts have interpreted the Education for All Handicapped Children Act, generally known as Public Law 94-142, and the Rehabilitation Act of 1973, generally referred to as Section 504. The questions under consideration include the right of an individual to sue under 94-142 and 504; the definition of the "least restrictive educational placement"; and disciplining the handicapped student. A summary of the current court decisions follows. (1) The law mandates that all handicapped be given a free appropriate education. (2) Parents have a right to sue if convinced that the public schools are not providing proper services to their child. (3) Should the school lose such a suit, the schools may be liable for attorneys' fees. (4) Handicapped children are expected to be provided as much interaction with nonhandicapped children as practical. (5) A handicapped child may not be disciplined by suspension or expulsion. (6) A child who is frequently disciplined may be judged a handicapped child. (7) All services required by the individualized educational program must be provided at public expense, including special therapy. (Author/MLF)
Publication Type: Reports - Descriptive
Education Level: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Education for All Handicapped Children Act; Rehabilitation Act 1973