Book and test reviews. Goldberg, S. S. (1982). Special education law: A guide for parents, advocates and educators. New York: Plenum, 229 pp., $24.50
✍ Scribed by Gilbert R. Gredler
- Book ID
- 101364387
- Publisher
- John Wiley and Sons
- Year
- 1984
- Tongue
- English
- Weight
- 156 KB
- Volume
- 21
- Category
- Article
- ISSN
- 0033-3085
No coin nor oath required. For personal study only.
✦ Synopsis
In this book on special education law, Goldberg looks at the impact that federal and state legislation has had over the last ten years. In addition to discussing The Education for All Handicapped Children Act (PL 94-142), the author reviews such legal decisions as the PARC case; the Frederick L. v. Thomas case, which helped define how learning disabled children should be identified; discriminatory test practices; and procedural guidelines for special education hearings.
Excerpts from a number of legal decisions also are incorporated into the book. This is a worthwhile approach, for it is important for the reader to note at first hand the reactions of the court to the educational problems with which it is presented. The Frederick L. v. Thomas case is discussed in some detail. This case dealt with how learning disabled children should be identified within the Philadelphia schools. The court mandated a change, stating that the identification methods in use were "somewhat haphazard and ineffective" and noting that only 1300 of the estimated 8000 learning disabled students in the system were identified. Out of this decision came a drastic change in how learning disabled children were to be selected in that school system. However, ten years after the fil- ing of that suit, the question of the number of children to be considered learning disabled still is a controversial issue in Philadelphia. The present school superintendent complains that the rapid increase in the number of children being identified as learning disabled is questionable (Lock, 1984). Obviously, a number of these educational issues are difficult to resolve, and further litigation can be expected.
Goldberg also discusses in detail the provisions of PL 94-142 and makes important comments on the individualized educational plan and due process procedures. There is a helpful discussion on the confidentiality of records. The author traces the development of the right of parental access to educational records. Passage of the Family Educational Rights and Privacy Act (the "Buckley Amendment") in 1974 provided a means of resolving some of the problems relating to the collection, dissemination, and confidentiality of personal information found in school records. It is important to remember that prior to 1974, parental access to psychological records was not legally permitted in schools. Another important aspect of the Buckley Amendment is the provision for the parent to request deletion of information that is considered in'accurate or misleading.
There is also a discussion of the special education hearing. Goldberg mentions that the most critical testimony in the hearing will be that of the school psychologist. He also says that private psychological examinations are usually "more thorough in every respect," due to the fact that the expert has more time available. However, before this statement is accepted as definitive, a further review of appeal cases should be undertaken. A study of several cases by this reviewer indicates that both school psychologists and private experts have been faulted for not providing adequate examinations. For example, in one case in South Carolina, the school psychologist was criticized for not assessing the auditory discrimination deficit of a learning disabled child. In a California case, the 525