January 1985
Law & Contemporary Problems;Winter1985, Vol. 48 Issue 1, p63
Academic Journal
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.


Related Articles

  • R.E. v. New York City Dep't of Educ. Mathews, Lindsay // Urban Lawyer;Winter2013, Vol. 45 Issue 1, p319 

    The article focuses on the New York Court case R.E. v. New York City Dep't of Educ., which dealt with private school tuition reimbursement in cases where a child's proposed individual education program (IEP) fails to provide a free appropriate public education (FAPE) under the Individuals with...

  • Legal Cases That Shape School Psychology Practice. OSHER, DANIEL A. // Communique (0164775X);Dec2016, Vol. 45 Issue 4, p8 

    The article discusses several lawsuits in the U.S. that influenced school psychology practice as of December 2016. These lawsuits include Hendrick Hudson Dist. Bd. of Ed. v. Rowley dealing with special education law, Gregory K. v. Longview School Dist dealing with the appropriateness of...

  • Bidding (Fair)well to Due Process: The Need for a Fairer Final Stage in Special Education Dispute Resolution. COPE-KASTEN, CALI // Journal of Law & Education;Summer2013, Vol. 42 Issue 3, p501 

    The article discusses due process of law in the U.S. and a call for a fairer final stage in special education dispute resolution matters in America as of July 2013. Legal rights for disabled students are addressed in relation to the U.S. Congress' passage of the Education for All Handicapped...

  • Md. Parents Seek Legislation To Shift IEP Burden of Proof. SAMUELS, CHRISTINA A. // Education Week;11/12/2014, Vol. 34 Issue 12, p8 

    The article presents a post from the journal's education blog "On Special Education," reporting on continued legal efforts by those involved in the 2005 U.S. Supreme Court case Schaffer v. Weast to change the burden of proof requirements surrounding individual education plan challenges in Maryland.

  • INCLUSION AND THE LAW. TAYLOR, KELLEY R. // Education Digest;May2011, Vol. 76 Issue 9, p48 

    The article reports on legal requirements surrounding equality in school environments for students with disabilities. Two laws are described, the U.S. Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973. IDEA and Section 504 both require that all...

  • WHO'S THE BOSS?: THE NEED FOR THOUGHTFUL IDENTIFICATION OF THE CLIENT(S) IN SPECIAL EDUCATION CASES. Cannon, Yael Zakai // American University Journal of Gender, Social Policy & the Law;2011, Vol. 20 Issue 1, p1 

    The article focuses on the need for the identification of clients when an attorney represents a minor in special education cases in the U.S. Topics include the U.S. Individuals with Disabilities Education Act (IDEA), the different models of legal representation for special needs clients, and...

  • Due Process Hearing Case Study. Bateman, David F. // Teaching Exceptional Children;Nov/Dec2008, Vol. 41 Issue 2, p73 

    The article presents a case study of a due process hearing regarding a student who was diagnosed with a learning disability. The student was not found to have a learning disability by the school, but was diagnosed with a disability by an independent educational evaluation (IEE). Information...

  • What's so special about an IEP? Darden, Edwin C. // Phi Delta Kappan;Mar2013, Vol. 94 Issue 6, p66 

    The article discusses legal aspects of the U.S. Individuals with Disabilities Education Act (IDEA) and its emphasis on the Individualized Education Program (IEP) in light of a mother's lawsuit against Massachusetts' Dracut School District on behalf of her son who had a combination of...

  • Group Proposes Alternative to IEP Due Process System. Samuels, Christina A. // Education Week;5/8/2013, Vol. 32 Issue 30, p24 

    The article discusses a proposal from the American Association of School Administrators (AASA) to create an alternative to the due process system for individualized education programs (IEPs) under the Individuals with Disabilities Education Act, which would provide an outside consultant to...


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics