Abstract
Despite laws in every state mandating universal free instruction for children entering public school, millions of students who require special education have been excluded from the programs they need. Although formal special education classes began almost eighty years ago, they were often of little value to their intended beneficiaries. Classified as “feebleminded,” “imbeciles,” or worse, mentally and physically handicapped children were segregated in rooms apart from the rest of the school population, received inferior educational services, and were very often institutionalized. Other such children were denied access to educational programs entirely.
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References
347 U.S. 483 (1954) and extensive discussion cited therein.
Id. at 493.
Pennsylvania Association for Retarded Children v. Commonwealth of Pennsylvania, 334 F. Supp. 1257 (F.D. Pa. 1971) and 343 F. Supp. 279 (E.D. Pa. 1972). The testimony of Dr. I. Ignacy Goldberg detailing the history and requirements of special education programs is especially relevant here.
22 Pennsylvania Code, Chapter 13.
348 F. Supp. 866 (D.D.C. 1972).
Catherine D. v. Pittenger, Civil No. 74-2435 (E.D. Pa., Order, June 27, 1975).
419 F. Supp. 960 (E.D. Pa. 1976), aff’d, 557 F.2d 374 (3rd Cir. 1977).
Examples of early litigation brought to define and develop the rights of children include Fial-kowski v. Shapp, 405 F. Supp. 946 (E.D. Pa. 1973); Panitch v. Wisconsin, 371 F. Supp. 935 (E.D. Wis. 1974); Harrison v. Michigan, 350 F. Supp. 846 (E.D. Mich. 1972); Lebanks v. Spears, 60 F.R.D. 135 (E.D. La. 1973); Maryland Association for Retarded Children v. Maryland, Equity No. 100-182-77676 (Cir. Ct. 1974). For additional early cases see The Right of Handicapped Children to an Education: The Phoenix of Rodriguez, 59 CORNELL L. REV. 519 (1974).
20 U.S.C. §§ 1401, et seq.; 34 C.F.R. Part 300.
Section 504 is cited as 20 U.S.C. § 794; for its implementing regulations see 34 C.F.R. Part 104 (formerly 45 C.F.R. Part 84). Title IX is 20 U.S.C. §§ 1681 et seq.,—for regulations see 34 C.F.R. Part 106; Title VI is 42 U.S.C. § 2000(d).
20 U.S.C. § § 3311 et seq. See Central York School District v. Commonwealth of Pennsylvania, 349 A.2d 167 (Pa. Cmwlth. 1979); see also Irwin v. McHenry Community Consolidated School District, as cited in Education Daily, May 4, 1979.
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© 1982 Plenum Press, New York
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Goldberg, S.S. (1982). Introduction. In: Special Education Law. Springer, Boston, MA. https://doi.org/10.1007/978-1-4615-9245-7_1
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DOI: https://doi.org/10.1007/978-1-4615-9245-7_1
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