IMPLICATIONS OF THE PARENTAL RIGHT TO UNILATERALLY REVOKE CONSENT OF SERVICES ON THE RIGHTS OF A CHILD WITH LEARNING DISABILITIES UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT

The Supreme Court and Congress have recognized the importance of education in American society as early as the 1950s when the Court in Brown v. Board of Education declared education to be “perhaps the most important function of state and local governments.” While education has traditionally been under the control of local governments, the federal government has an invested interest in ensuring that children mature into functioning adults who contribute positively to society at large. In 1975, Congress enacted the Education for All Handicapped Children Act “to ensure that all children with disabilities have available to them a free appropriate public education [(FAPE)] that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living” and “to ensure that the rights of children with disabilities and parents of such children are protected.” In 1990, Congress renamed this act as the Individuals with Disabilities Education Act (IDEA), but the substance of the original act remained unchanged. The Office of Special Education and Rehabilitative Services (OSERS), a component of the U.S. Department of Education, administers the IDEA, providing federal funds to school districts in order to provide educational and related services to students with disabilities. View More