TITLE

THE ALLURE OF LEGALIZATION RECONSIDERED: THE CASE OF SPECIAL EDUCATION

AUTHOR(S)
NEAL, DAVID; KIRP, DAVID L.
PUB. DATE
January 1985
SOURCE
Law & Contemporary Problems;Winter1985, Vol. 48 Issue 1, p63
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article discusses the legalization of special education under the Education for All Handicapped Children Act of 1975 (EAHCA) including the legislative process leading to its passage and implementation, the concept of legalization and how legalization shaped special education policy. It cites the legal concepts and procedures of EAHCA including the notion of right or entitlement, the quasi-contractual individualized education program (IEP) and the provision of due process and appeal procedures. It points to legalization as a powerful tool where those who undertake the legalization of a policy area must take into account the context under which the policy is introduced to determine the appropriateness of legalization against alternative policy courses.
ACCESSION #
58720053

 

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