Sharing the Short Bus: Eligibility and Identity Under the IDEA
Wendy Fritzen Hensel
Georgia State University College of Law
Hastings Law Journal, Vol. 58, No. 6, 2007
Georgia State University College of Law, Legal Studies Research Paper Series No. 2008-04
This article explores the impact of the rising number of children in special education on eligibility under the Individuals with Disabilities Education Act. At the heart of the eligibility debate is the question of which children are disabled enough to qualify for protection and services under the statute. Although many scholars have evaluated the parameters of disability under the ADA, few have done so in the context of the IDEA. This article explores this issue and concludes that calls to restrict the protected class to the truly disabled, as defined to include only those children with the most severe impairments, represent a retrenchment of the medical model of disability and would erode the gains made in reducing the stigma of disability in American education.
Number of Pages in PDF File: 57
Keywords: special education, disability, education, discrimination, public policy
JEL Classification: I2, I28, J71, J78, K4Accepted Paper Series
Date posted: August 17, 2007 ; Last revised: September 28, 2008
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