미국에서의 장애인교육권보호법제에 관한 고찰

A Study on the U.S. Legal Systems for Protecting the Right to Education of Persons with DisabilitiesBaek, Jong-InOur constitution recognizes unequivocally the right of people to dignity, to live in the community as a member, to exercise their legal capacity, and to ensure their full and equal enjoyment of the rights. These constitutional values are basically realized through the right of equal opportunity of education. It strengthens individual capacity and establishes the chance people to participate the community on an equal basis with others. The enactment of the Special Education for Persons with Disabilities Act has meaningful value in ensuring persons with disabilities access to an appropriate education and in improving educational results for them.However, since neither the academic study for normative concept and context nor any subsequent rule of this act is yet done, we need to discuss how this act should be worked for the persons with disabilities' best interest. Our education system for the handicapped and legislative direction thereof are strongly affected by U.S legal system on the education for the persons with disabilities. Therefore, study on the education policy for students with disabilities in U.S legal system is meaningful work for explicitly recognizing and understanding the purposes and contents of our Special Education Act.This paper examines several acts for the persons with disabilities in U.S. First of all, it provides a brief overview of constitutional basis of educational right of the persons with disabilities and focuses on three main legal grounds for validating the education for the them; Section 504, the ADA and the IDEA. Through this analysis, it proposes the contextual means and directions on newly enacted the Special Education for Persons with Disabilities.