Ruth Colker
- Published in print:
- 2013
- Published Online:
- March 2016
- ISBN:
- 9780814708101
- eISBN:
- 9780814708002
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814708101.003.0002
- Subject:
- Education, Early Childhood and Elementary Education
This chapter discusses the historical and legislative background to the adoption of the Education for All Handicapped Children Act (EAHCA) in 1975. It begins with an overview of the evolution of laws ...
More
This chapter discusses the historical and legislative background to the adoption of the Education for All Handicapped Children Act (EAHCA) in 1975. It begins with an overview of the evolution of laws requiring the education of children with disabilities, with particular emphasis on issues of exclusion and segregation. It then examines Congress's passage of the Elementary and Secondary Education Act in 1965 and the Education of the Handicapped Act in 1971 in response to cases in which courts concluded that the constitutional rights of children with disabilities were being violated by their exclusion from school or by their receiving inferior education in segregated classrooms. It also explores the legislative history of the EAHCA and highlights the link between disability discrimination in education and racial segregation. Finally, it analyzes some of the important concepts of the EAHCA that are still basic to federal disability education law, including a free and appropriate public education and individualized education programs.Less
This chapter discusses the historical and legislative background to the adoption of the Education for All Handicapped Children Act (EAHCA) in 1975. It begins with an overview of the evolution of laws requiring the education of children with disabilities, with particular emphasis on issues of exclusion and segregation. It then examines Congress's passage of the Elementary and Secondary Education Act in 1965 and the Education of the Handicapped Act in 1971 in response to cases in which courts concluded that the constitutional rights of children with disabilities were being violated by their exclusion from school or by their receiving inferior education in segregated classrooms. It also explores the legislative history of the EAHCA and highlights the link between disability discrimination in education and racial segregation. Finally, it analyzes some of the important concepts of the EAHCA that are still basic to federal disability education law, including a free and appropriate public education and individualized education programs.
Colin Ong-Dean
- Published in print:
- 2009
- Published Online:
- February 2013
- ISBN:
- 9780226630007
- eISBN:
- 9780226630021
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226630021.003.0002
- Subject:
- Education, Early Childhood and Elementary Education
This chapter examines how and why the Education for All Handicapped Children Act of 1975 (EAHCA) and its successor, the Individuals with Disabilities Education Act (IDEA), have fallen short of ...
More
This chapter examines how and why the Education for All Handicapped Children Act of 1975 (EAHCA) and its successor, the Individuals with Disabilities Education Act (IDEA), have fallen short of ambitious promises for social reform. It explains that the educational rights of disabled children, established in the Act (EAHCA), arose within a broad context of social reform and highlights the limitations of the provisions of EAHCA. This chapter argues that the EAHCA has only succeeded in enabling parents to raise individualized, technical disputes over their children's disability diagnoses and needs.Less
This chapter examines how and why the Education for All Handicapped Children Act of 1975 (EAHCA) and its successor, the Individuals with Disabilities Education Act (IDEA), have fallen short of ambitious promises for social reform. It explains that the educational rights of disabled children, established in the Act (EAHCA), arose within a broad context of social reform and highlights the limitations of the provisions of EAHCA. This chapter argues that the EAHCA has only succeeded in enabling parents to raise individualized, technical disputes over their children's disability diagnoses and needs.
Ruth Colker
- Published in print:
- 2013
- Published Online:
- March 2016
- ISBN:
- 9780814708101
- eISBN:
- 9780814708002
- Item type:
- book
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814708101.001.0001
- Subject:
- Education, Early Childhood and Elementary Education
Enacted in 1975, the Education for All Handicapped Children Act—now called the Individuals with Disabilities Education Act (IDEA)—provides all children with the right to a free and appropriate public ...
More
Enacted in 1975, the Education for All Handicapped Children Act—now called the Individuals with Disabilities Education Act (IDEA)—provides all children with the right to a free and appropriate public education. On the face of it, the IDEA is a shining example of law's democratizing impulse. But is that really the case? This book digs beneath the IDEA's surface and reveals that the IDEA contains flaws that were evident at the time of its enactment that limit its effectiveness for poor and minority children. Both an expert in disability law and the mother of a child with a hearing impairment, the author learned first-hand of the Act's limitations when she embarked on a legal battle to persuade her son's school to accommodate his impairment. Her experience led her to investigate other cases, which confirmed her suspicions that the IDEA best serves those with the resources to advocate strongly for their children. The IDEA also works only as well as the rest of the system does: struggling schools that serve primarily poor students of color rarely have the funds to provide appropriate special education and related services to their students with disabilities. Through a close examination of the historical evolution of the IDEA, the actual experiences of children who fought for their education in court, and social science literature on the meaning of “learning disability” the book reveals the IDEA's shortcomings, but also suggests ways in which resources might be allocated more evenly along class lines.Less
Enacted in 1975, the Education for All Handicapped Children Act—now called the Individuals with Disabilities Education Act (IDEA)—provides all children with the right to a free and appropriate public education. On the face of it, the IDEA is a shining example of law's democratizing impulse. But is that really the case? This book digs beneath the IDEA's surface and reveals that the IDEA contains flaws that were evident at the time of its enactment that limit its effectiveness for poor and minority children. Both an expert in disability law and the mother of a child with a hearing impairment, the author learned first-hand of the Act's limitations when she embarked on a legal battle to persuade her son's school to accommodate his impairment. Her experience led her to investigate other cases, which confirmed her suspicions that the IDEA best serves those with the resources to advocate strongly for their children. The IDEA also works only as well as the rest of the system does: struggling schools that serve primarily poor students of color rarely have the funds to provide appropriate special education and related services to their students with disabilities. Through a close examination of the historical evolution of the IDEA, the actual experiences of children who fought for their education in court, and social science literature on the meaning of “learning disability” the book reveals the IDEA's shortcomings, but also suggests ways in which resources might be allocated more evenly along class lines.
Ruth Colker
- Published in print:
- 2013
- Published Online:
- March 2016
- ISBN:
- 9780814708101
- eISBN:
- 9780814708002
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814708101.003.0003
- Subject:
- Education, Early Childhood and Elementary Education
This chapter describes the story of Amy Rowley and her family to show how the Education for All Handicapped Children Act (EAHCA) has affected the lives of children with disabilities. It examines ...
More
This chapter describes the story of Amy Rowley and her family to show how the Education for All Handicapped Children Act (EAHCA) has affected the lives of children with disabilities. It examines three themes that emerge from the Supreme Court case involving Amy, who is deaf. First, Amy's story reveals the enormous toll on the family as her parents persevered for years to help her obtain an interpreter in the classroom. Second, her story demonstrates that victories can often be shallow because of the ability of a school district to resist a court order. Third, her story exemplifies that justice delayed is justice denied, because a child can never truly recover lost education. The chapter also highlights the continued shortcomings of the EAHCA, which later became the Individuals with Disabilities Education Act (IDEA), that are apparent throughout Amy's story.Less
This chapter describes the story of Amy Rowley and her family to show how the Education for All Handicapped Children Act (EAHCA) has affected the lives of children with disabilities. It examines three themes that emerge from the Supreme Court case involving Amy, who is deaf. First, Amy's story reveals the enormous toll on the family as her parents persevered for years to help her obtain an interpreter in the classroom. Second, her story demonstrates that victories can often be shallow because of the ability of a school district to resist a court order. Third, her story exemplifies that justice delayed is justice denied, because a child can never truly recover lost education. The chapter also highlights the continued shortcomings of the EAHCA, which later became the Individuals with Disabilities Education Act (IDEA), that are apparent throughout Amy's story.
Ruth Colker
- Published in print:
- 2013
- Published Online:
- March 2016
- ISBN:
- 9780814708101
- eISBN:
- 9780814708002
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814708101.003.0005
- Subject:
- Education, Early Childhood and Elementary Education
This chapter discusses Congress's attempts to amend the Education for All Handicapped Children Act (EAHCA), which was later replaced by the Individuals with Disabilities Education Act (IDEA), after ...
More
This chapter discusses Congress's attempts to amend the Education for All Handicapped Children Act (EAHCA), which was later replaced by the Individuals with Disabilities Education Act (IDEA), after 1975. It begins with an overview of 1977 amendments, followed by amendments in 1983 and 1986 including those dealing with attorney fees and infants and toddlers with disabilities. It then examines amendments made during the 1990s as well as the concerns expressed by some special education advocates that the special education law (now renamed IDEA) was not serving the needs of poor and minority students. It also considers amendments relating to eligibility, individualized education programs, racial disproportionality in disability identification, private school education, and the ability of school districts to discipline children with disabilities. The chapter concludes with an assessment of 2004 amendments to the IDEA.Less
This chapter discusses Congress's attempts to amend the Education for All Handicapped Children Act (EAHCA), which was later replaced by the Individuals with Disabilities Education Act (IDEA), after 1975. It begins with an overview of 1977 amendments, followed by amendments in 1983 and 1986 including those dealing with attorney fees and infants and toddlers with disabilities. It then examines amendments made during the 1990s as well as the concerns expressed by some special education advocates that the special education law (now renamed IDEA) was not serving the needs of poor and minority students. It also considers amendments relating to eligibility, individualized education programs, racial disproportionality in disability identification, private school education, and the ability of school districts to discipline children with disabilities. The chapter concludes with an assessment of 2004 amendments to the IDEA.
Bruce J Dierenfield and David A. Gerber
- Published in print:
- 2020
- Published Online:
- January 2021
- ISBN:
- 9780252043208
- eISBN:
- 9780252052088
- Item type:
- book
- Publisher:
- University of Illinois Press
- DOI:
- 10.5622/illinois/9780252043208.001.0001
- Subject:
- Law, Constitutional and Administrative Law
In 1988, Sandi and Larry Zobrest became agents in the struggle for disability rights when they sued a suburban Tucson, Arizona, school district to obtain public funding for the signed language ...
More
In 1988, Sandi and Larry Zobrest became agents in the struggle for disability rights when they sued a suburban Tucson, Arizona, school district to obtain public funding for the signed language interpreter their deaf son Jim needed in high school. Such funding would have been unproblematic under the Education for All Handicapped Children Act (later retitled the Individuals with Disabilities Education Act) if Jim went to a public high school, but they were intent on his attending a Roman Catholic school. The law was unclear on the legality of public money assisting students with disabilities to attend religiously affiliated schools, but it had long been a general principle of interpretation of the Establishment Clause of the First Amendment in the U.S. Supreme Court that governments must be cautious about dispensing public resources to religious institutions. Their successful lawsuit represents a classic American clash of rights. This history of the Zobrests’ lawsuit begins well before they went to court. The narrative extends back to Jim’s birth in 1974, a pediatrician’s diagnosis of deafness, and the efforts of his parents, who are not deaf, to seek resources for their son’s education prior to high school. It analyzes their desire to mainstream Jim for preparation for life in the hearing world, not in the Deaf community, and the succession of choices they made to that end.Less
In 1988, Sandi and Larry Zobrest became agents in the struggle for disability rights when they sued a suburban Tucson, Arizona, school district to obtain public funding for the signed language interpreter their deaf son Jim needed in high school. Such funding would have been unproblematic under the Education for All Handicapped Children Act (later retitled the Individuals with Disabilities Education Act) if Jim went to a public high school, but they were intent on his attending a Roman Catholic school. The law was unclear on the legality of public money assisting students with disabilities to attend religiously affiliated schools, but it had long been a general principle of interpretation of the Establishment Clause of the First Amendment in the U.S. Supreme Court that governments must be cautious about dispensing public resources to religious institutions. Their successful lawsuit represents a classic American clash of rights. This history of the Zobrests’ lawsuit begins well before they went to court. The narrative extends back to Jim’s birth in 1974, a pediatrician’s diagnosis of deafness, and the efforts of his parents, who are not deaf, to seek resources for their son’s education prior to high school. It analyzes their desire to mainstream Jim for preparation for life in the hearing world, not in the Deaf community, and the succession of choices they made to that end.
Ruth Colker
- Published in print:
- 2013
- Published Online:
- March 2016
- ISBN:
- 9780814708101
- eISBN:
- 9780814708002
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814708101.003.0004
- Subject:
- Education, Early Childhood and Elementary Education
This chapter describes the story of Michael Panico and his family to show how the Education for All Handicapped Children Act (EAHCA), which was later replaced by the Individuals with Disabilities ...
More
This chapter describes the story of Michael Panico and his family to show how the Education for All Handicapped Children Act (EAHCA), which was later replaced by the Individuals with Disabilities Education Act (IDEA), has affected the lives of children with disabilities. It narrates how Michael's parents had to fight for years with the assistance of pro bono legal counsel in order for him to win the right to attend a private school that could give him an adequate education. It examines the Supreme Court case involving Michael—the dispute in this case arose over the content of the individualized education program proposed by the school district on June 28, 1979, for the 1979–1980 school year (fourth grade)—and shows that his story reflects the sloppy way in which many school districts implemented the EAHCA in the early days of enforcement.Less
This chapter describes the story of Michael Panico and his family to show how the Education for All Handicapped Children Act (EAHCA), which was later replaced by the Individuals with Disabilities Education Act (IDEA), has affected the lives of children with disabilities. It narrates how Michael's parents had to fight for years with the assistance of pro bono legal counsel in order for him to win the right to attend a private school that could give him an adequate education. It examines the Supreme Court case involving Michael—the dispute in this case arose over the content of the individualized education program proposed by the school district on June 28, 1979, for the 1979–1980 school year (fourth grade)—and shows that his story reflects the sloppy way in which many school districts implemented the EAHCA in the early days of enforcement.
