Education of the Handicapped Act Amendments: Hearings, Ninety-third Congress, First Session, on H.R. 4199 ...

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Page 61 - The District of Columbia shall provide to each child of school age a free and suitable publicly supported education regardless of the degree of the child's mental, physical or emotional disability or impairment.
Page 77 - In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right which must be made available to all on equal terms. We come then to the question presented: Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other 'tangible...
Page 53 - The mentally retarded person has a right to proper medical care and physical therapy and to such education, training, rehabilitation and guidance as will enable him to develop his ability and maximum potential.
Page 91 - The deprivation of plaintiffs' rights of "... due process of law in violation of the 14th amendment of the United States Constitution in that it...
Page 61 - If sufficient funds are not available to finance all of the services and programs that are needed and desirable in the system, then the available funds must be expended equitably in such a manner that no child is entirely excluded from a publicly supported education consistent with his needs and ability to benefit therefrom. The inadequacies of the District of Columbia Public School System, whether occasioned by insufficient funding or administrative inefficiency, certainly cannot be permitted to...
Page 102 - California issued an order and memorandum for a preliminary injunction requiring that "... no black student may [in the future] be placed in an EMR class on the basis of criteria which rely primarily on the results of IQ tests as they are currently administered if the consequence of use of such criteria is racial imbalance in the composition of EMR classes.
Page 77 - Sec. 8. Institutions, programs and services for the care, treatment, education or rehabilitation of those inhabitants who are physically, mentally or otherwise seriously handicapped shall always be fostered and supported.
Page 91 - Equal Protection Clause of the 14th Amendment of the United States Constitution.
Page 101 - ... been inappropriately classified as educable mentally retarded and placed and retained in classes for such children. The complaint argued that the children were not mentally retarded, but rather "the victims of a testing procedure which fails to recognize their unf amiliarity with the white middle class cultural background and which ignores the learning experiences which they may have had in their homes.
Page 60 - The defendants are required by the Constitution of the United States, the District of Columbia Code, and their own regulations to provide a publicly-supported education for these 'exceptional' children. Their failure to fulfill this clear duty to include and retain these children in the public school system, or otherwise provide them with publicly-supported education, and their failure • to afford them due process hearing and periodical review, cannot be excused by the claim that there are insufficient...

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