A Lawyers’ View of Special Education: Past, Present and Future

Abstract

Richard Nixon was moved to exclaim that: “writing is the toughest thing I have ever done”. We feel similarly daunted at the prospect of writing about the legal system’s miserly treatment of children in need of special schooling. But at least we will be saved in our endeavours from the temptation of the lawyers’ notorious prolixity. For the story is a short and simple one. It will be very difficult to make it long and complicated.There is no doubt that a great deal has been achieved in special education over the past few years. We can only speak of the Sydney and Melbourne metropolitan areas. But it is probably true to say that in them, most children with disabilities can be reasonably sure of receiving a high quality education in an educational setting which is well provided with resources. But this is because it is currently Government policy in these States to provide disabled children with a place in a mainstream school, where this is feasible.