Education for All Handicapped Children Act
Encyclopedia
The Education for All Handicapped Children Act (sometimes referred to using the acronyms EAHCA or EHA, or Public Law (PL) 94-142) was enacted by the United States Congress
in 1975. This act required all public schools accepting federal funds to provide equal access to education
and one free meal a day for children with physical and mental disabilities. Public schools were required to evaluate handicapped children and create an educational plan with parent input that would emulate as closely as possible the educational experience of non-disabled students.
The act also required that school districts provide administrative procedures so that parents of disabled children could dispute decisions made about their children’s education. Once the administrative efforts were exhausted, parents were then authorized to seek judicial review of the administration’s decision. Prior to the enactment of EHA, parents could take their disputes straight to the judiciary under the Rehabilitation Act of 1973. The mandatory system of dispute resolution created by EHA was an effort to alleviate the financial burden created by litigation pursuant to the Rehabilitation Act.
EHA was revised and renamed as Individuals with Disabilities Education Act
in 1990.
. The school district in Cumberland, Rhode Island
originally agreed to subsidize Tommy’s education by placing him in a program for special needs children at the Emma Pendleton Bradley Hospital. The school district later decided to remove Tommy from that program and send him to the Rhode Island Division of Mental Health, Retardation and Hospitals, which was severely understaffed and under funded. This transfer would have constructively terminated Tommy’s public education. Tommy’s parents appealed the school district’s decision through the administrative process created by EAHCA. Once the administrative process was exhausted, the Smiths sought judicial review pursuant to the EAHCA, § 504 of the Rehabilitation Act, and 42 U.S.C. § 1983.
The United States Supreme Court held that the administrative process created by EHA was the exclusive remedy for handicapped students asserting their right to equal access to education. "Allowing a plaintiff to circumvent the EHA administrative remedies would be inconsistent with Congress’ carefully tailored scheme…We conclude, therefore, that where the EHA is available to a handicapped child asserting a right to a free appropriate public education, based either on the EHA or on the Equal Protection Clause
of the Fourteenth Amendment
, the EHA is the exclusive avenue through which the child and his parents or guardian can pursue their claim." The court based its decision on a contextual analysis of the applicable statutes. To permit a student to rely on § 504 or the § 1983 would be to effectively eliminate the EHA, because it would circumvent the EHA’s requirement that petitioners first exhaust their administrative options before seeking judicial intervention.
In the face of this Supreme Court decision, the United States Congress passed an amendment to the EHA which explicitly over-ruled the Supreme Court's decision in two ways: (1) The amended law allowed parents to collect attorney's fees upon winning a case against the school. (2) The amended law permitted parents to bring a lawsuit under either EHA, § 504, or § 1983 once the administrative remedies had been exhausted.
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
in 1975. This act required all public schools accepting federal funds to provide equal access to education
Education
Education in its broadest, general sense is the means through which the aims and habits of a group of people lives on from one generation to the next. Generally, it occurs through any experience that has a formative effect on the way one thinks, feels, or acts...
and one free meal a day for children with physical and mental disabilities. Public schools were required to evaluate handicapped children and create an educational plan with parent input that would emulate as closely as possible the educational experience of non-disabled students.
The act also required that school districts provide administrative procedures so that parents of disabled children could dispute decisions made about their children’s education. Once the administrative efforts were exhausted, parents were then authorized to seek judicial review of the administration’s decision. Prior to the enactment of EHA, parents could take their disputes straight to the judiciary under the Rehabilitation Act of 1973. The mandatory system of dispute resolution created by EHA was an effort to alleviate the financial burden created by litigation pursuant to the Rehabilitation Act.
EHA was revised and renamed as Individuals with Disabilities Education Act
Individuals with Disabilities Education Act
The Individuals with Disabilities Education Act is a United States federal law that governs how states and public agencies provide early intervention, special education, and related services to children with disabilities...
in 1990.
Functional relationship between EHA, the Rehabilitation Act, and the equal protection clause
The Supreme Court decided that EHA would be the exclusive remedy for handicapped students asserting their right to equal access to public education in Smith v. Robinson, 468 U.S. 992 (1984). The petitioner, Tommy Smith, was an eight year old student who had cerebral palsyCerebral palsy
Cerebral palsy is an umbrella term encompassing a group of non-progressive, non-contagious motor conditions that cause physical disability in human development, chiefly in the various areas of body movement....
. The school district in Cumberland, Rhode Island
Cumberland, Rhode Island
Cumberland is a town in Providence County, Rhode Island, United States, incorporated in 1746. The population was 33,506 at the 2010 census.-History:...
originally agreed to subsidize Tommy’s education by placing him in a program for special needs children at the Emma Pendleton Bradley Hospital. The school district later decided to remove Tommy from that program and send him to the Rhode Island Division of Mental Health, Retardation and Hospitals, which was severely understaffed and under funded. This transfer would have constructively terminated Tommy’s public education. Tommy’s parents appealed the school district’s decision through the administrative process created by EAHCA. Once the administrative process was exhausted, the Smiths sought judicial review pursuant to the EAHCA, § 504 of the Rehabilitation Act, and 42 U.S.C. § 1983.
The United States Supreme Court held that the administrative process created by EHA was the exclusive remedy for handicapped students asserting their right to equal access to education. "Allowing a plaintiff to circumvent the EHA administrative remedies would be inconsistent with Congress’ carefully tailored scheme…We conclude, therefore, that where the EHA is available to a handicapped child asserting a right to a free appropriate public education, based either on the EHA or on the Equal Protection Clause
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
of the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
, the EHA is the exclusive avenue through which the child and his parents or guardian can pursue their claim." The court based its decision on a contextual analysis of the applicable statutes. To permit a student to rely on § 504 or the § 1983 would be to effectively eliminate the EHA, because it would circumvent the EHA’s requirement that petitioners first exhaust their administrative options before seeking judicial intervention.
In the face of this Supreme Court decision, the United States Congress passed an amendment to the EHA which explicitly over-ruled the Supreme Court's decision in two ways: (1) The amended law allowed parents to collect attorney's fees upon winning a case against the school. (2) The amended law permitted parents to bring a lawsuit under either EHA, § 504, or § 1983 once the administrative remedies had been exhausted.
External links
- Article on EAHCA
- Individuals with Disabilities Education ActIndividuals with Disabilities Education ActThe Individuals with Disabilities Education Act is a United States federal law that governs how states and public agencies provide early intervention, special education, and related services to children with disabilities...