PARENS PATRIAE, POLICE POWER AND THE EXCEPTIONAL CHILD

• NCJ Number: 54392
• Author(s): W M NOLAN
• Date Published: 1977
• Length: 191 pages
• Sale Source: UMI Dissertation Services
• Publication Type: Thesis/Dissertation
• Language: English
• Country: United States of America
• Note: UNIVERSITY OF FLORIDA - DOCTORAL DISSERTATION

Annotation

THE EDUCATION OF THE EXCEPTIONAL CHILD AS IT IS AFFECTED BY PARENS PATRIAE AND THE POLICE POWER DOCTRINE IS DISCUSSED. THE HISTORY OF EDUCATIONAL CONTROL IN THE UNITED STATES IS PRESENTED.

Abstract

LITIGATION ON BEHALF OF EXCEPTIONAL CHILDREN IN THE EARLY 1970'S RESULTED IN THE EXPANSION AND IMPLEMENTATION OF PROGRAMS FOR THESE CHILDREN IN THE PUBLIC SCHOOLS. EVEN AFTER THE LITIGATION AND THE RESULTANT LEGISLATION, AN ESTIMATED 60 PERCENT OF THESE CHILDREN WERE WITHOUT SERVICE BY 1975. THE LIMITED PROGRESS MADE IN THIS AREA IS TRACEABLE TO THE JUDICIAL PRECEDENT DEFINING THE RELATIONSHIP BETWEEN THE STATE AND THE EXCEPTIONAL CHILD. THE DEVELOPMENT OF THIS RELATIONSHIP THROUGH THE JUDICIAL INTERPRETATION OF THE STATE'S POWER UNDER PARENS PATRIAE AND POLICE POWER WITH RESPECT TO COMPULSORY EDUCATION IS THE FOCUS OF THIS STUDY. AS THE UNITED STATES BECAME A REPUBLIC WITH A NEED FOR AN EDUCATED CITIZENRY, THE STATE WAS REQUIRED TO ASSUME A MORE DOMINANT ROLE IN EDUCATION. THE JUSTIFICATION FOR THIS LARGER ROLE INVOLVED THE DOCTRINES OF PARENS PATRIAE AND POLICE POWER. PARENS PATRIAE JUSTIFIED THE INTERVENTION OF THE STATE IN BEHALF OF THE CHILD AND HIS EDUCATION. POLICE POWER JUSTIFIED THE POLICE TO PROTECT THE WELFARE OF THE STATE, EVEN IF IT MEANT EXCLUDING SOME EXCEPTIONAL CHILDREN FROM THE PUBLIC SCHOOLS. UNTIL RECENTLY, THE EXERCISE OF POLICE POWER TOOK PRECEDENCE OVER THE EXERCISE OF PARENS PATRIAE WHERE A CONFLICT EXISTED. INCREASED JUDICIAL RECOGNITION OF THE RIGHTS OF STUDENTS HAS FORCED THE STATE TO EXERCISE ITS PARENS PATRIAE POWER TO PROTECT THESE CHILDREN. ADVOCATES FOR EXCEPTIONAL CHILDREN HAVE BEEN SUCCESSFUL IN FORCING THE STATE TO PROVIDE EDUCATIONAL OPPORTUNITIES FOR THESE CHILDREN. THE EXTENT OF THESE SERVICES REMAINS A QUESTION. HOWEVER, THERE IS HOPE THAT THE PROCESS SAFEGUARDS CAN GO FAR TO IMPROVE THE EDUCATIONAL OPPORTUNITIES AVAILABLE TO EXCEPTIONAL CHILDREN. REFERENCES AND CITED CASES ARE LISTED. (AUTHOR ABSTRACT MODIFIED--MLC)