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Professionalization as a Policy Choice: British Special Education in Comparative Perspective

Published online by Cambridge University Press:  13 June 2011

David L. Kirp
David L. Kirp
Affiliation:
University of California
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Abstract

Policies may be characterized in several distinct and competing ways: as best resolved by professional expertise, as fit for political determination, as properly treated in terms of legal rights, as appropriately subject to bureaucratic norms, or as sensibly left to market determination. The consequences of the choice among these frameworks is apparent in contrasting the British and American approaches to a particular policy issue, the education of handicapped children. That analysis reveals the utility of maintaining a policy scheme which builds in a tension among the competing frameworks.

Type
Research Article
Information
World Politics , Volume 34 , Issue 2 , January 1982 , pp. 137 - 174
Copyright
Copyright © Trustees of Princeton University 1982

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References

1 The discussion of frameworks borrows at least in spirit from other and very diverse attempts to examine the implications of choosing among ways of ordering the world, including: Barry, Brian, Sociologists, Economists, and Democracy (London: Collier-Macmillan, 1970)Google Scholar; Sherwin, Michael, Logic of Explanation in Psychoanalysis (New York: Academic Press, 1969)Google Scholar; Lindblom, Charles, Politics and Markets (New York: Basic Books, 1977)Google Scholar; Shklar, Judith, Legalism (Cambridge: Harvard University Press, 1964)Google Scholar; Thompson, E. P., Whigs and Hunters (New York: Pantheon Books, 1975)Google Scholar; Foucault, Michel, Madness and Civilization (New York: Vintage Books, 1973)Google Scholar; Diesling, Paul, Five Types of Decision and Their Social Conditions (Urbana: Illinois Press, 1962)Google Scholar; Edelman, Murray, Political Language: Words That Succeed and Policies That Fail (New York: Academic Press, 1977)Google Scholar; Kline, Morris, Mathematics: The Loss of Certainty (New York: Oxford University Press, 1980)Google Scholar; Polayni, Michael, Personal Knowledge (Chicago: University of Chicago Press, 1958)Google Scholar; Lindblom, Charles and Cohen, David, Usable Knowledge: Social Science and Social Problem Solving (New Haven: Yale University Press, 1979).Google Scholar

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8 The discussion of British special education policy rests heavily on interviews with key figures in the fields. These interviews assume special importance because of the paucity of relevant writing. In most instances, interviewees were unwilling to be quoted for the record, and for that reason specific interviews are not cited in the notes. Those interviewed include: Naomi Angeli, Children's Legal Centre; John Bagley, Principal, Department of Education and Science (DES); John Banks, Assistant Secretary, DES; Professor Tessa Blackstone, Institute of Education, University of London; W. K. Brennan, former Assistant Education Officer for Special Education, Inner London Education Authority (ILEA); Kenneth Burgin, Principal, Economic Analysis, DES; Geoffrey Cockerill, former Undersecretary, DES; George Cooke, Vice-Chairman, Warnock Committee, Secretary General of Society of Education Officers, former Chief Education Officer, Lincolnshire; Dr. D.M.C. Dale, Institute of Education, University of London; John Fish, Staff Inspector for Special Education, Her Majesty's Inspectorate (HMI); Doreen Flint, National Society for Mentally Handicapped Children and Adults; Richard Gray, The Spastics Society; John Hedger, Assistant Secretary, DES, and Secretary to the Warnock Committee; Dr. Seamus Hegarty, National Foundation for Educational Research, Slough; Professor Jeffrey Jowell, Faculty of Law, University College, University of London; Dr. Harry Judge, Department of Education, Oxford University; Professor Maurice Kogan, Department of Government, Brunei University; Peter Litton, Undersecretary, DES; Eric Lord, HMI; Stuart Maclure, Editor, Times Educational Supplement; Bert Massey, Royal Association for Disablement and Rehabilitation (RADAR); Peter Mitchell, RADAR; Dr. Peter Mortimore, head of educational research, ILEA; Peter Newell, Advisory Centre for Education; Patricia Pearce, parent governor, Alexander Priory, London; Morag Plank, Campaign for the Mentally Handicapped (CMH); Philipa Russell, Voluntary Council for Handicapped Children; Stanley Segal, Ravenswood Village Community, Berkshire; Tony Smythe, National Association for Mental Health; Barry Taylor, Chief Educational Officer, Somerset; Felicity Taylor, education writer, London; Winifred Tumin, parent member of Warnock Committee; Lord Vaizey, professor, Brunei University; Mary Warnock, Chairman of Warnock Committee, and senior research fellow at St. Hughes College, Oxford; Professor Klaus Wedell, Institute of Education, University of London; Shirley Williams, former Secretary of State, DES; Allison Wortheimer, Campaign for the Mentally Handicapped; Lady Janet Young, Minister of State, DES. Marleen Fouché assisted with the interviewing.

9 Public Law No. 94–142, 89 Stat. 773 (1975), codified at 20 USC §§1401–1461.

10 Special Educational Needs: Report of the Committee of Enquiry into the Education of Handicapped Children and Young People (London: H.M.S.O., 1978) [here after referred to as Warnock Report].

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16 Education Act (1944), 7 and 8 George VI, C. 31 (London: H.M.S.O.).

17 Hansard, vol. 398, col. 703 (March 21, 1944).

18 Special Education Treatment (London: H.M.S.O., 1946).

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21 Warnock Report (fn. 10), 22; White Paper (fn. 11), 8.

22 Warnock Report (fn. 10), 121.

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24 Report of the Committee on Maladjusted Children (London: H.M.S.O., 1955).

25 Behavioural Units (London: H.M.S.O., 1978) 42.

26 Staffing of Special Schools and Classes (fn. 20).

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34 See, e.g., Bradbury v. Enfield London Borough Council (1967), I WLR 131.

35 Secretary of State for Education and Science v. Tameside Metropolitan Borough Council (1967), 3 WLR 64.

36 Annual Report of School Medical Service: Numbers of Cases, 1944–1970 (London: H.M.S.O., 1970).

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42 See Henry, Jules, Pathways to Madness (New York: Random House, 1971)Google Scholar; Edgerton, Robert, Cloaks of Competence: Stigma in the Lives of the Mentally Retarded (Berkeley: University of California Press, 1967).Google Scholar

43 See Bradshaw (fn. 2).

44 See, e.g., Half Our Futures (Newsom Report) (London: H.M.S.O., 1963); Report of the Committee on Higher Education (Robbins Report) (London: H.M.S.O., 1961–63); A New Partnership for Our Schools (Taylor Report) (London: H.M.S.O., 1977).

45 Children and Their Primary Schools (London: H.M.S.O., 1967).

46 On the power of the British civil service generally, see Smith, Geoffrey and Polsby, Nelson, British Government and Its Discontents (New York: Basic Books, 1981), 144–68.Google Scholar

47 Warnock Report (fn. 10).

48 Warnock Report (fn. 10), 123.

49 In citing the report of the Schools Council Project, “The Curriculum for Slow Learners,” the Warnock Committee recognized this weakness in the curriculum, yet it made nothing of it. Warnock Report (fn. 10), 219.

50 Education Act (1976), Elizabeth II, C. 81 (London: H.M.S.O., 1976).

51 See generally, Floud, Jean and Halsey, A. H., Social Class and Educational Opportunity (London: Heineman, 1956).Google Scholar

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63 Times Educational Supplement, May 26, 1978.

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67 Milofsky, Carl, Special Education: A Sociological Study of California Programs (New York: Praeger, 1976).Google Scholar

68 The references are collected in Kirp, “Schools as Sorters: The Constitutional and Policy Implications of Student Classification,” University of Pennsylvania Law Review, Vol. 121 (April 1973), 705–97.CrossRefGoogle Scholar

69 See Abeson, Alan and Zettel, Jeffrey, “The End of the Quiet Revolution: The Education for All Handicapped Children Act of 1975,” Exceptional Children, XLIV (Winter 1977), 44.Google ScholarKirp, David, Buss, William, and Kuriloff, Peter, “Legal Reform of Special Education: Empirical Studies and Procedural Proposals,” California Law Review, Vol. 62 (January 1974), 40–155CrossRefGoogle Scholar; Neal, David, “The Legalization of Special Education,” paper prepared for the Institute for Research on Educational Finance and Governance (Stanford University, 1980)Google Scholar; Tweedie, Jack, “Federal Reform of Special Education: An Exploration into Policymaking Style,” paper prepared for the Institute for Research on Educational Finance and Governance (Stanford University, 1980).Google Scholar

70 Pennsylvania Association of Retarded Citizens v. Commonwealth of Pennsylvania 342 F. Supp. 279, 295 (E.D. Pa. 1972) ; Mills v. Board of Education, 348 F. Supp. 860 (D.D.C. 1972).

71 Larry P. v. Riles, 343 F. Supp. 1306 (N.D. Cal. 1973), aff'd, 502 F. 2d. 963 (9th Cir. 1974).

72 Public Law No. 94–142 (fn. 9).

73 29 U.S.C. §794 (1976).

74 For an empirical confirmation of this proposition, see Weatherly, Richard, Reforming Special Education: Policy Implementation from State Level to Street Level (Cambridge: MIT Press, 1979).Google Scholar See also Lasch, Christopher, Haven in a Heartless World (New York: Basic Books, 1979).Google Scholar

75 See Gliedman, John and William Roth for the Carnegie Council on Children, The Unexpected Minority: Handicapped Children in America (New York: Harcourt Brace Jovanovich, 1980)Google Scholar; Kirp (fn. 68).

76 See, e.g., Mills v. Board of Education, 348 F. Supp. 866 (D.D.C. 1972).

77 See Kirst, Michael and Bertken, Kay, “Due Process Hearings in Special Education: An Exploration of Who Benefits,” paper prepared for the Institute for Research on Educational Finance and Governance (Stanford University, 1980).Google Scholar

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79 See, e.g., Kirst and Bertken (fn. 77); Kuriloff, Peter, Kirp, David, and Buss, William, When Handicapped Children Go to Court: Assessing the Impact of Legal Reform of Special Education in Pennsylvania, report prepared for the National Institute of Education (1979).Google Scholar

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81 See Larry R. v. Riles (fn. 71); Halderman v. Pennhurst State School and Hospital, 446 F. Supp. 1295 (E.D. Pa. 1977), aff'd in part and rev'd and remanded in part, 612 F. 2d. 84 (3rd Cir. 1980), rev'd 49 U.S.L.W. 4363 (1981); Lora v. Board of Education, 456 F. Supp. 1211, 1268 (E.D. N.Y. 1978), rev'd 623 F. 2d. 248 (2d. Cir. 1980).

82 On the importance of trust relationships in the management of schools, see Kirp, David, “Proceduralism and Bureaucracy: Due Process in the School Setting,” Stanford Law Review, XXVIII (May 1976), 841–76.CrossRefGoogle Scholar Compare Metz, Mary, Classrooms and Corridors: The Crisis of Authority in Desegregated Secondary Schools (Berkeley: University of California Press, 1978).Google Scholar

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