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Disabled Education - A Critical Analysis of the Individuals with Disabilities Education Act (Hardcover)
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Disabled Education - A Critical Analysis of the Individuals with Disabilities Education Act (Hardcover)
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Enacted in 1975, the Education for All Handicapped Children Act -
now called the Individuals with Disabilities Education Act (IDEA)
provides all children with the right to a free and appropriate
public education. On the face of it, the IDEA is a shining example
of law's democratizing impulse. But is that really the case? In
Disabled Education, Ruth Colker digs deep beneath the IDEA's
surface and reveals that the IDEA contains flaws that were evident
at the time of its enactment that limit its effectiveness for poor
and minority children. Both an expert in disability law and the
mother of a child with a hearing impairment, Colker learned
first-hand of the Act's limitations when she embarked on a legal
battle to persuade her son's school to accommodate his impairment.
Colker was able to devote the considerable resources of a
middle-class lawyer to her struggle and ultimately won, but she
knew that the IDEA would not have benefitted her son without her
time-consuming and costly legal intervention. Her experience led
her to investigate other cases, which confirmed her suspicions that
the IDEA best serves those with the resources to advocate strongly
for their children. The IDEA also works only as well as the rest of
the system does: struggling schools that serve primarily poor
students of color rarely have the funds to provide appropriate
special education and related services to their students with
disabilities. Through a close examination of the historical
evolution of the IDEA, the actual experiences of children who
fought for their education in court, and social science literature
on the meaning of "learning disability," Colker reveals the IDEA's
shortcomings, but also suggests ways in which resources might be
allocated more evenly along class lines.
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