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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). 235

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