Neurodiversity in Public Schools: A Critique of Special Education in America

Authors

Pallavi M. Vishwanath

Abstract

This Note provides a comparative critique to the special education practices in the U.S. and Canada. The Note reasons that a country or democracy is most benefitted when there is a recognized governmental duty to maximize the potential of every student via public education. The Note further exposes how a difference in governmental duty to provide equal education drastically affects students’ dignity and potential. This Note describes the history of the American public education system; explains the development of special education in the United States and the ambiguous governmental duty to educate American students; and discusses Canadian case law regarding special education to show that providing access to equal educational opportunities promotes a healthy democracy. Ultimately, this Note argues that in defining education as a right, rather than a service, America can better establish equality in public education and foster the human potential of all students to become productive members of society.

Recommended Citation

Pallavi M. Vishwanath, Neurodiversity in Public Schools: A Critique of Special Education in America, 47 Hastings Const. L.Q. 595 (2020).
Available at: https://repository.uclawsf.edu/hastings_constitutional_law_quaterly/vol47/iss4/6