Not a Bad Idea: The Increasing Need to Clarify Free Appropriate Public Education Provisions Under the Individuals with Disabilities Education Act

PdfPDF by Michele L. BeattyMay-15-2013

Category: Notes, Number 2, Print Edition, Volume 46

The Supreme Court has long stressed the importance of providing equal education opportunities to children.  Additionally, the Court has emphasized that the Due Process Clause prohibits school personnel from removing a student for violating its code of conduct “absent fundamentally fair procedures to determine whether the misconduct has occurred.”  The rights of disabled children to receive an equal education, including fundamental procedural-due-process rights, have developed considerably in the past three decades.

Efforts to ensure disabled students receive the same opportunities as their nondisabled peers are reflected in both federal and state laws.  The first congressional breakthrough occurred with the passage of the Education for All Handicapped Children Act of 1975 (EHA).  Over time, amendments improving the EHA were made, and it is now better known as the Individuals with Disabilities Education Act (IDEA). . .

Read the full Note here.


Author: Michele L. Beatty

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