Parents as Advocates: Examining the History and Evolution of Parents' Rights to Advocate for Children with Disabilities under the IDEA

Abstract

Parents of handicapped children all too frequently are not able to advocate for the right of their children because they have been erroneously led to believe that their children will not be able to lead meaningful lives.However, over the past few years, parents of handicapped children have begun to recognize that their children are being denied services which are guaranteed under the Constitution.It should not, however, be necessary for parents throughout the country to continue utilizing the courts to assure themselves a remedy." 1 As this quotation illustrates, the right of parents to advocate on behalf of their children with disabilities was an important focus of the initial enactment of the Education for All Handicapped Children Act (EHCA) in 1975. 2 Since that time, Congress has amended the law four times, 3 including renaming the Act the Individuals with Disabilities Education Act (IDEA) in 1990.4 After each legislative revision, the Department of Education has issued regulations to implement the latest iteration of the law.5In addition to legislative action affecting parental rights between 1975 and 2006, the United States Supreme Court has heard ten cases requiring the justices to construe the IDEA.6 The resulting opinions have also impacted parents' ability to advocate for

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