Right to Education for the Handicapped in West Virginia

1981 was the International Year of the Disabled Person. During that year handicapped individuals received much attention from the press. Hopefully this publicity will result in an increased awareness of the existence of handicapped persons in our society, the special problems they have, and also their special abilities. Of the legal issues concerning handicapped individuals, the one receiving the most attention is the right to education. Many changes have occurred in the legal requirements placed on state and local educational agencies, and these changes in the law have caused dramatic changes in the attitudes of parents, teachers, administrators, and others towards the education of handicapped persons. As a result of these changes, all parties concerned are seeking to learn about the legal requirements regarding the education of handicapped persons. This article is intended to provide a general survey of the relevant law as it applies in West Virginia and is directed primarily at the attorney whose legal counsel is sought involving these issues. The article examines the historical background of legal developments which have lead up to the present legal requirements, the constitutional and statutory bases for the right to special education, and a survey of recent procedural, substantive, and remedial issues with which courts are currently grappling. The survey will examine only primary and secondary education for handicapped individuals, and will not include post-secondary education (higher education), vocational or adult education, or education of incarcerated individuals. Because many of the issues discussed are themselves the subject of detailed examination in numerous law review articles and treatment in other periodicals, the article does not attempt to provide an in-depth explanation of each issue. Rather, the article is intended as a beginning reference point for the attorney in West Virginia