ERIC Number: EJ1210589
Record Type: Journal
Publication Date: 2019
Pages: 13
Abstractor: As Provided
ISBN: N/A
ISSN: ISSN-1360-3116
EISSN: N/A
The Rights to Educational Self-Determination under the Individuals with Disabilities Education Act
Russo, Charles J.
International Journal of Inclusive Education, v23 n5 p546-558 2019
The United States Senate's unwillingness to ratify the Convention on the Rights of the Child (CRC) notwithstanding, the Individuals with Disabilities Education Act (IDEA) contains significant safeguards protecting the rights of students with disabilities, acknowledging their participation rights in decisions about their futures. In the first of just two examples, as students 'age out' of special education, they participate in developing individualised transition plans guiding their movements to post-school activities. Second, the IDEA transfers parental access rights to students, granting them sole control over their educational records on turning 18 unless they are adjudicated incompetent under state law.Against this background, this paper opens by considering the U.S. Senate's reluctance to ratify the CRC. The paper next reviews the history of rights in the U.S. before examining how the IDEA affords students with disabilities considerable opportunities to participate in planning their futures both through transition planning and taking control over their educational records. The article ends by reflecting on how the IDEA comports with the CRC in protecting the rights of students with disabilities to self-determination.
Descriptors: Self Determination, Educational Legislation, Equal Education, Federal Legislation, Students with Disabilities, Parents, Student Records, Parent Rights, Student Rights, Childrens Rights, Individualized Education Programs, Transitional Programs, Civil Rights, Privacy, Special Education
Routledge. Available from: Taylor & Francis, Ltd. 530 Walnut Street Suite 850, Philadelphia, PA 19106. Tel: 800-354-1420; Tel: 215-625-8900; Fax: 215-207-0050; Web site: http://www.tandf.co.uk/journals
Publication Type: Journal Articles; Reports - Descriptive
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Individuals with Disabilities Education Act
Grant or Contract Numbers: N/A