12 J.L. & Educ. 235 (1983)
Board of Education of the Hendrick Hudson Central School District v. Rowley: Utter Chaos

handle is hein.journals/jle12 and id is 253 raw text is: Board of Education of the Hendrick
Hudson Central School District v.
Rowley: Utter Chaos
BONNIE POITRAS TUCKER*
Introduction
The United States Supreme Court's recent inaugural decision in-
volving the scope of the Education for All Handicapped Children Act
of 1975,1 Board of Education v. Rowley,2 wherein the Court ruled
that the Westchester County public school district is not required to
provide a deaf student with a sign language interpreter in the class-
room, represents an extraordinary example of judicial usurpation of
the legislative function. However provocative that resolution, such a
pragmatic, rather than legal, determination exceeds the Court's pro-
scribed function or power.
The obvious rationale for the Court's blatant disregard of Congres-
sional intent was its unspoken fear that a contrary result would have
opened the floodgates by allowing every seriously handicapped child
in the nation to receive full-time individualized educational assis-
tance where needed. Although the ultimate effects of requiring the
states to comply with the Act may, indeed, have served to place over-
whelming constraints on the states' ability to provide educational ser-
vices to all children, the Court is not empowered to ignore the clear
legislative mandate recognized by the district court, the Second Cir-
cuit and the one concurring and three dissenting members of the Su-
preme Court.
* Attorney, Brown & Bain, Phoenix, Arizona. B.S., Syracuse University (1961); J.D., Univer-
sity of Colorado (Order of the Coif, 1980). Editor in Chief, University of Colorado Law Review,
1979-80. Law Clerk to the Honorable William E. Doyle, Tenth Circuit, U.S. Court of Appeals,
1980-81. Author: Perspective on Camenisch, 8 J. COL. & UNiv. LAw 409 (1981-82): Mental
Health Services for Deaf Persons: Proposed Legislation, ARiz. ST. L.J. 673 (1980); Section 504
of the Vocational Rehabilitation Act of 1973 and Post-Secondary Education for the Deaf, 50
U. COL. L. Rav. 341 (1979).
1 20 U.S.C.A.  1401 et seq. (1976).
2 42 CCH S. CT. BULL. B 4099 (June 28, 1982).

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