Defining an "Appropriate Education" Under the Education for All Handicapped Children Act of 1975

The educational rights of handicapped children have long been neglected due to a combination of societal indifference and ignorance. Judicial recognition of the educational rights of handicapped persons only began in the early 1970's when constitutional challenges were brought against school systems that excluded handicapped children from attending school. Federal statutory reforms, however, have gone much further than the constitutionally-based decisions of the early 1970's. This Comment focuses on the Education for All Handicapped Children Act, the primary federal statute for securing educational rights of handicapped children. Because the Act is relatively new, case law providing guidance for judicial decision making is just beginning to evolve from the Act, notwithstanding judicial reluctance to confront difficult questions regarding educational policy. Much of the early litigation under the Act challenged the failure of school districts to comply with the Act's procedural requirements. While state compliance with the Act's procedures continues to be monitored by advocates of the handicapped, judicial challenges are now moving into the substantive rights provided by the Act. This Comment examines and further defines the Act's broad substantive right to a "free appropriate education" for all handicapped children.