Education Rights and the Special Needs Child

Child and Adolescent Psychiatric Clinics of North America, 11, (2002) 859-868

San Diego Legal Studies Paper

10 Pages Posted: 1 Jul 2019

See all articles by Margaret Dalton

Margaret Dalton

University of San Diego School of Law

Date Written: 2002

Abstract

Children with disabilities and other physical and mental differences were systematically excluded from American public education until approximately 40 years ago. At that time, various cultural and political forces converged, bringing these children into the education system, albeit not completely or equally, even currently. For children with mental disabilities rather than-or in addition to-physical disabilities, inclusion has been even slower. This article gives a broad overview of special education law as it currently exists, with an emphasis on issues relating to children with mental health impairments, an area frequently ignored by educators. Although this article uses federal code and regulations, it is important to note that most states have similar laws in place. Federal legislation and case law set the minimum for what the law requires. Individual states have the opportunity to raise these minimums to a higher level for the benefit of all children with special needs.

Keywords: Children with disabilities, special education rights, individualized education program, learning disabilities, developmentally disabled chidlren

JEL Classification: A00, A10, K10

Suggested Citation

Dalton, Margaret, Education Rights and the Special Needs Child (2002). Child and Adolescent Psychiatric Clinics of North America, 11, (2002) 859-868; San Diego Legal Studies Paper . Available at SSRN: https://ssrn.com/abstract=2957676

Margaret Dalton (Contact Author)

University of San Diego School of Law ( email )

5998 Alcala Park
San Diego, CA 92110-2492
United States

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