ERIC Number: ED204908
Record Type: RIE
Publication Date: 1981-Feb
Due Process: A Right for Some but Not for All.
Zimmerman, William W.
The author points out that although parents have the right to due process as mandated by P.L. 94-142 (the Education for All Handicapped Children Act), the schools have the advantage over parents in terms of time, money, resources, and determination. Findings from a national survey of due process hearings included that hearings are requested for three basic reasons (appropriate program, appropriate placement, and appropriate evaluation); that there are 970 certified hearing officers with a range of 141 in South Carolina to 0 in Nevada; and that the appeals of decisions and noncompliance rate is only 13% of all decisions rendered. Among conclusions were that the expected numbers of due process hearings has failed to materialize; those requesting hearings are among the upper and middle class or have attained assistance from the State Developmental Disability Advocacy Agency; and minorities, the poor, and poor minorities are continuing to receive a second rate educational program, if any. It is proposed that professional organizations assume an activist child advocate position. (SB)
Publication Type: Speeches/Meeting Papers; Information Analyses; Reports - Research
Education Level: N/A
Authoring Institution: N/A
Note: Paper presented at The Council for Exceptional Children Conference on The Exceptional Black Child (New Orleans, LA, February, 1981, Session T-32).