RELATED SERVICE PROVISIONS OF PUBLIC LAW 94-142: ISSUES AND RULINGS (PL94-142).

Abstract

The difficulties in interpreting and implementing the related services required under the Education for All Handicapped Children Act of 1975 have generated many state and federal court cases, state and local administrative hearings, and federal policy letters. However, these court cases, hearings, and policy letters have resulted in some contradictory rulings pertaining to the provision of related services. The purpose of this study was to (1) examine the issues associated with the provision of related services, (2) determine how they have been resolved in these administrative and judicial procedures, and (3) more clearly delineate what related services must be provided by school districts. This study utilized a descriptive research design. Using a documentary analysis method, state and federal court cases, state administrative hearings, and federal policy letters were analyzed. The analysis was divided into two major sections: issue analysis and issue resolution. The issue analysis section included the background of both the subject and the issues, as well as the specific interpreting body. The issue resolution section included the rulings and the rationale for each division. Data from each court case, administrative hearing, and policy letter were recorded on an individual analysis form. Data from each individual analysis form were then recorded on a corresponding matrix specifically designed to display information in relation to each research question. As a result of this study, it was determined that two issues generated policy interpretations or rulings by the courts, state administrative hearings, and/or policy letters. The first issue pertained to the definition of related services and whether or not a specific service was a related service within the federal definitions. The second issue revolved around the determination of a student's need for a service or eligibility for a service. An analysis of the rulings indicated that school districts were required to provide the contested related service in 67% of the cases in this study. It was also determined that the interpreting bodies broadened the definition of related services by ruling school districts to provide services that were not named or defined in the federal regulations of Public Law 94.142.