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Remedial and Special Education
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Free Appropriate Public Education for Handicapped Children

Congressional Intent and Judicial Interpretation

James Yanok, PhD

James Yanok, PhD, is an assistant professor of special education at the State University of New York, College at New Paltz. He received his doctorate from Kent State University, Dr. Yanok's current research interests include the legal rights of the handicapped and post secondary educational programming for the learning disabled. He has published articles in each of these areas of inquiry.

The precise meaning of the legal term free appropriate public education has become the subject of increasing litigation throughout the United States. An analysis of the Supreme Court decisions in Hendrick Hudson District Board of Education v. Rowley (1982) and Irving Independent School District v. Tatro (1984) reveals that the obligation of the schools to provide free appropriate public education does not require that special education services be sufficient to maximize the potential of a handicapped child. Rather, the law requires only that a basic floor of opportunity be provided which consists of access to specialized instruction and related services which are individually designed to provide educational benefit. Subsequent rulings of the Supreme Court uniformly have adhered to the legal precedents established in these two landmark judicial decisions.

Remedial and Special Education, Vol. 7, No. 2, 49-53 (1986)
DOI: 10.1177/074193258600700209
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