The purposes of the study were to: present a historical orientation to educational opportunities provided for the mentally retarded; describe the circumstances that have led to litigation; present accounts of court cases dealing with the educational rights of the retarded; and provide school administrators with a concise and accurate body of information concerning educational rights of the mentally retarded. The study was completed by means of a search of related scholarly literature, state and federal statutes and constitutions, and recent litigation involving the educational rights of the mentally retarded.In the public schools, the principle of equal rights has rarely been considered applicable to the mentally retarded. While the legislative branch of government has taken the initiative in providing tax-supported education for normal children, the mentally retarded have been compelled to secure educational equality through the judicial system.Although the issue of equal access to public education for the mentally retarded has been definitively resolved by the courts, dissatisfaction with the quality of educational programsfor the retarded and the methods used to determine special class placement has continued to create legal problems for school administrators. The requirements for education of the mentally retarded have been changing rapidly and school administrators have had difficulty keeping pace with these changes. Federal courts have found many administrative policies concerning special education for the retarded to be in violation of the due process and equal protection clauses of the Fourteenth Amendment.Recent litigation involving special education for the retarded has focused on: the right of the mentally retarded student to receive an education in the least restrictive setting; the right of parents to participate in all decisions concerning assignments of their children to classes for the mentally retarded; the right of the minority group student to have his academic potential evaluated on the basis of IQ tests which reflect his cultural background; and the right of the mentally retarded student to periodic reassessment of his ability.Numerous court decisions have established the responsibility of the public school system to provide education to the handicapped as well as normal children. A major problem currently facing special educators has been finding ways to continue special services for the retarded without imposing stigma.
| Identifer | oai:union.ndltd.org:BSU/oai:cardinalscholar.bsu.edu:handle/176278 |
| Date | January 1975 |
| Creators | Frost, Gary D. |
| Contributors | Riegle, Jack D. |
| Source Sets | Ball State University |
| Detected Language | English |
| Format | v, 97 leaves ; 28 cm. |
| Source | Virtual Press |
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