Georgia Law Review, Vol. 32, No. 2 (Winter 1998), pp. 393-473


Congress has established a complex set of laws regarding the education of disabled students. This Article discusses the obligations the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and the Individuals with Disabilities Education Act impose on schools and focuses on how courts interpreting these statutes address the decisions of educators regarding how best to educate disabled students. Professor Dupre brings to light a striking contrast between how courts regard the decisions of educators in higher education as opposed to the decisions of educators in primary and secondary schools, routinely according the former considerable deference while often pointedly rejecting the recommendations of the latter. The author explains the multifaceted reasons underlying this difference in deference and proposes a more uniform framework for review that she maintains would both meet the mandates of the federal law while preserving the virtue of the educational program for both disabled and nondisabled students.