Do juveniles with disabilities have a right to education?
While the right to education is a universal human right under international conventions, many do view it as a “privilege” in the United States. The US Supreme Court has specifically stated that education is a privilege and not a right. However, that was only in reference to the federal constitution. Since there is no reference to the right to education in the US Constitution, it was then left to each state to include such rights within their own laws – and luckily for all the youth in this nation – every state has specifically included the right to education within their state constitution. So it IS a right and NOT a privilege within each state. Additionally, even though education is not a right at the federal level, specific federal laws were implemented to ensure that specific groups such as the disabled and homeless receive the same level of education as other students. When specifically addressing students, one should turn to the federal laws under IDEA and Section 504. Under IDEA,
