ERIC Number: ED261508
Record Type: Non-Journal
Publication Date: 1985
Reference Count: N/A
The Meaning of "Appropriate" Educational Programming under the Education for All Handicapped Children Act.
Myers, John E. B.; Jensen, William R.
Southern Illinois University Law Journal, v1984 n3 p401-41 1985
The article examines the concept of "appropriate" educational programming as mandated under P.L. 94-142, the Education for All Handicapped Children Act. A description of the approaches to the question in effect before the Supreme Court's decision in the case of the Board of Education versus Rowley begins the article. The effect of the Rowley decision on the "appropriate" concept is explored, as is the test of whether an educational program benefits the child. Difficulties with this concept are noted as is the resulting impact on the question of the court's role in such cases. Case law developments after the Rowley case affect cases in three areas: (1) residential placement, (2) least restrictive placement, and (3) extended year programming. A method is proposed for determining appropriateness based on such factors as consistency of the proposal with the Individualized Education Program, the measurement of progress, and the selection of educational goals. It is further suggested that programming is inappropriate if it is a clear and substantial departure from the norm expected for similarly situated handicapped children. (CL)
Publication Type: Journal Articles; Reports - Descriptive
Education Level: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Board of Education v Rowley; Education for All Handicapped Children Act