Journal of Education and Psychology


Vol. 27 No. 2 , Pages 231 - 254 , 2004

The Legal Guideline of Education for Disabled Students: An Analysis of Legislation and Court Cases in America (Article written in Chinese)

Joseph M. CHIN

Abstract

Historically, children with physical or mental disabilities were denied the right to a free and appropriate education by being excluded from schools. However, through a series of litigation and legislation, starting from the 1970s, addressed the rights of disabled children, states and local school districts have been required to provide needed educational services to children with disabilities to guarantee them the right to a proper education. Focusing the courts’ consistent interpretations of federal legislation protecting the rights of children with disabilities, this paper aims to examine the main policy changes for education provided for children with disabilities. Court cases related to comprehensive individual testing, individual education program, least restrictive environment, free appropriate education, exclusion of special education students, zero reject, and reimbursement for the costs of unilateral parental placement have been reviewed. It is found that the legal guideline emerged from the court cases mandates, with regard to disabled students, that equality of opportunity may require a different and more extensive program be offered.

Keywords: special education; American education; education for disabled students

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