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Are There Too Many Due Process Cases? An Examination Of Jurisdictions With Relatively High Rates Of Special Education Hearings, Andrew A. Feinstein, Michele Kule-Korgood, Joseph B. Tulman
Are There Too Many Due Process Cases? An Examination Of Jurisdictions With Relatively High Rates Of Special Education Hearings, Andrew A. Feinstein, Michele Kule-Korgood, Joseph B. Tulman
University of the District of Columbia Law Review
Congress enacted, and President Ford signed, the Education for All Handicapped Children Act (EAHCA) in 1975 to ensure that children with disabilities had access to a free appropriate public education. As the Supreme Court emphasized in Smith v. Robinson:[T]he Act establishes an enforceable substantive right to a free appropriate public education. See Board of Education of Hendrick Hudson Central School Dist. v.Rowley, 458 U.S. 176, (1982). See also 121 Cong. Rec.37417 (1975) (statement of Sen. Schweiker: "It can no longer be the policy of the Government to merely establish an unenforceable goal requiring all children to be in school. [The …