As a basic construct for recommending measures to correct the prevailing inequities in special education, this comment examines the de facto segregation impact IDEA stemming from the Supreme Court's interpretive rulings and from the Act's own enforcement norms. The analysis further identifies the equality compromising consequences of specific IDEA provisions and considers prospects for restoring equity to special needs service delivery in these areas, with a particular focus on tuition reimbursement for private school. Respecting the historical alignment of the law of race discrimination in education and the law of disability education rights, the analysis identifies inequities that prevail at the intersection of disability, special education service needs, and poverty. This perspective is offered with a view toward establishing the thesis that IDEA, despite its aspirational equality premise, has been interpreted and implemented in a manner that marginalizes disabled students from minority and economically disadvantaged groups.
Response or Comment
Kerrigan O'Malley, From Mainstreaming to Marginalization? IDEA's De Facto Segregation Consequences and Prospects for Restoring Equity in Special Education, 50 U. Rich. L. Rev. 951 (2016).