ERIC Number: ED232418
Record Type: Non-Journal
Publication Date: 1982
Reference Count: N/A
Educational Policymaking through the Civil Justice System.
Hill, Paul T.; Madey, Doren L.
Interviews in eight school districts in six states were conducted to examine the consequences of using civil justice procedures to allocate instructional services (as in P.L. 94-142, the Education for All Handicapped Children Act). The study sought to determine consequences of P.L. 94-142 in three areas: (1) the effects on the legal system; (2) the effects on local public service systems, particularly public schools; and (3) the effects on beneficiaries (handicapped children). Local responses to four laws protecting the right of various groups (elderly, women, handicapped adults, and language minority children) were measured for comparison. Among findings were that the effects on the courts were slight, as the vast majority of special education disputes had been resolved informally; the effects on the school system were real but limited, as many special education administrative units have been established to settle disputes; and the effects on handicapped children were positive in terms of service growth and availability of expensive services. The major finding, however, was that the introduction of civil justice procedures has had an enormous effect on local school policy, despite the low volume of litigation. (CL)
Descriptors: Case Studies, Civil Rights, Compliance (Legal), Court Litigation, Disabilities, Elementary Secondary Education, Legal Problems, School Policy
Rand Corporation, The Institute for Civil Justice, 1700 Main Street, Santa Monica, CA 90406 ($8.00).
Publication Type: Reports - Evaluative; Reports - Research
Education Level: N/A
Authoring Institution: Rand Corp., Santa Monica, CA. Inst. for Civil Justice.
Identifiers - Laws, Policies, & Programs: Education for All Handicapped Children Act