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<STRONG>Legal Issues of Special Education is for university faculty staff teaching courses on education law and policy. It also serves as a resource for students conducting research, government officials, and professionals in these fields. Combating discrimination on the basis of disability and special needs education is an area that is receiving increased attention from the European Commission and the Member States. This is reflected in the fact that the year 2003 has been designated the European Year of Disabled Citizens. This timely book is about raising awareness of the rights of disabled people to full equality and participation in all areas. It aims to show that disability is an issue of concern to all of us.
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SPECIAL EDUCATION
Yearbook of the European Association for Education Law and Policy Volume 5
The titles published in this series are listed at the end of this volume.
Special Education Yearbook of the European Association for Education Law and Policy
Edited by
Jan De Groof and
Gracienne Lauwers
SPRINGER-SCIENCE+BUSINESS MEDIA, B.v.
A C.I.P. Catalogue record for this book is available from the Library of Congress.
ISBN 978-90-481-6394-6 ISBN 978-94-017-3050-1 (eBook) DOI 10.1007/978-94-017-3050-1
Printed an acid-free paper
AII Rights Reserved © 2003 Springer Science+Business Media Dordrecht Originally published by Kluwer Academic Publishers in 2003 No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work.
Table of Contents
Introduction Jan De Groo! and Gracienne Lauwers (editors)
Vll
PART 1 Trends and New Thinking in Europe on Special Needs Education Lode De Geyter
3
Overview of the Funding of Special Needs Education in Europe Cor Meijer
9
Judging Special Educational Needs: The Contribution of the Courts to the Developing Law of Special Educational Needs in England and Wales Neville Harris Special Educational Needs and Disability Discrimination: New Departures in Education Law in England and Wales: Rights of Children with Disabilities in the UK Ann Blair Special Education Law in the United States Charles 1. Russo and Ralph D. Mawdsley The Rights of Children with Special Needs in the Russian Federation Gracienne Lauwers Integration of Disabled Children in Compulsory Education in Russia Viki Vandenbussche Updated by Jan De Groo! Legal Aspects Concerning the Accommodation of Learners with Special Educational Needs in the Systemic Evaluation Programme of the South African Department of Education Cecilia Bouwer and Anna-Barbara du Plessis
11
31
51
69 79
91
vi
Table of Contents
Aspects of Equality and Special Needs Education in South Africa: Reflections on Education White Paper 6 of the South African Department of Education: Special Needs Education - Building an Inclusive Education and Training System (July 2001) lohan Beckmann, Elmene Bray and Simeon Maile
111
PART 2 Questionnaire on Special Educational Needs and the Law in Europe
139
Belgium Pol Ghesquiere
143
England and Wales Paul Meredith
145
France Andre Legrand
151
Spain Antonio Embid Irvjo and Fernando Gurrea Cassamayor
161
Germany Hans-Peter Fiissel
167
Austria Rainer Fankhauser
171
Norway Stig Klingstedt