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

² The particular case of thalidomide victims is analyzed in depth in Bradshaw, Jonathai, The Family Fund: An Initiative in Social Policy (London: Routledge & Kegan Paul, 1980).Google Scholar

³ See for example, Bardach, Eugene, The Implementation Game (Cambridge: MIT Press, 1977)Google Scholar; Hargrove, Erwin, The Missing Link: The Study of Implementation in Social Policy (Washington, D.C.: Urban Institute, 1975)Google Scholar; Lipsky, Michael, Street-Level Bureaucracy (New York: Russell Sage, 1980).Google Scholar

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⁷ The term is drawn from Bell, Daniel, The Cultural Contradiction of Capitalism (New York: Basic Books, 1976).Google Scholar

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].

¹¹ Special Needs in Education (London: H.M.S.O., 1980) [hereafter referred to as White Paper].

¹² The historical material is drawn primarily from Warnock Report (fn. 10), 8–36, and Pritchard, D. G., Education and the Handicapped: 1760–1960 (London: Routledge & Kegan Paul, 1963).Google Scholar

¹³ Report of the Joint Departmental Commission on Mental Deficiency (London: H.M.S.O., 1929).

¹⁴ Rowan, Patricia, What Sort of Life? (Slough: National Foundation for Educational Research, 1980).Google Scholar

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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).

¹⁹ The Handicapped Pupils and Special Schools Regulations (London: H.M.S.O.,1959).

²⁰ Staffing of Special Schools and Classes, Circular 4–73 (London: H.M.S.O., 1973).

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

²² Warnock Report (fn. 10), 121.

²³ Units for Partially Hearing Children (London: H.M.S.O., 1966); Diagnostic and Assessment Units (London: H.M.S.O., 1968).

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).

²⁷ See generally, Keith-Lucas, Bryan and Richards, Peter G., A History of Local Government in the Twentieth Century (London: Alien & Unwin, 1978)Google Scholar; Jennings, Robert E., Education and Politics (London: Batsford, 1977).Google Scholar

²⁸ The Discovery of Children Requiring Special Education and the Assessment of Their Needs, Circular 2/75 (London: H.M.S.O., 1975).

²⁹ Education (Handicapped Children) Act 1970, Elizabeth II, C. 52 (London: H.M.S.O.); The Last to Come In (London: H.M.S.O., 1975).

³⁰ See Kirp, David, Doing Good by Doing Little: Race and Schooling in Britain (Berkeley: University of California Press, 1979).Google Scholar

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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.

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

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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).

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⁵⁵ Times Educational Supplement, February 25, 1977.

⁵⁶ Warnock Report (fn. 10), 109.

⁵⁷ Times Educational Supplement, June 25, 1978. See generally, Sarason, Seymour, The Culture of the School and the Problem of Change (Boston: Allyn antl Bacon, 1970).Google Scholar

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⁵⁹ Behavioural Units (fn. 25), 49; “Ace Survey: Disruptive Units,” Where, Vol. 159 (June 1980), 10.

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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

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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).

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⁸⁷ See, e.g., Reich, Charles, “The New Property,” Yale Law Journal, Vol. 73 (April, 1964), 733–87CrossRefGoogle Scholar; Piven, Frances and Cloward, Richard, Regulating the Poor: The Functions of Public Welfare (New York: Pantheon, 1971).Google Scholar

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