COMMENT: From Mainstreaming to Marginalization?— IDEA’s de Facto Segregation Consequences and Prospects for Restoring Equity in Special Education

Kerrigan O’Malley *

Some judicial opinions are so iconic in their sentiment and pervasive in their reach as to become imprinted on the nation’s collective conscience. Such is the case with these words from Chief Justice Warren in the Supreme Court’s 1954 Brown v. Board of Education decision, holding that racially segregated educational facilities violate an individual‘s rights under the Fourteenth Amendment‘s Equal Protection Clause. In the broader context, these words represent an enduring aspiration that continues to inform policy and signals the need for course correction when legal or judicial discourse strays from equality principles.

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