When the Teachers and Parents Can’t Agree, Who Really Decides? Burdens of Proof and Standards of Review Under the Education for all Handicapped Children Act

Authors

• Thomas F. Guernsey, University of Richmond - School of Law

Abstract

In 1975, the United States Congress passed, and President Ford signed into law, the Education for All Handicapped Children Act (hereinafter the Act or EAHCA). The key provision of the Act was that each handicapped child was entitled to a Free and Appropriate Public Education (hereinafter FAPE). Congress provided extensive procedural protections to ensure that the school authorities provided children with a FAPE. The extensive procedural protections included parental participation in most decisions affecting the child's educational program. ...

Document Type

Article

Publication Date

1988

Recommended Citation

Thomas F. Guernsey, When the Teachers and Parents Can’t Agree, Who Really Decides? Burdens of Proof and Standards of Review Under the Education for all Handicapped Children Act, 36 Cleve. St. L. Rev. 67 (1988).