Journal Article

Do Fourteenth Amendment Considerations Outweigh a Potential State Interest in Mandating Cochlear Implantation for Deaf Children?

Denise G. Bender

in The Journal of Deaf Studies and Deaf Education

Volume 9, issue 1, pages 104-111
Published in print January 2004 | ISSN: 1081-4159
Published online January 2004 | e-ISSN: 1465-7325 | DOI: http://dx.doi.org/10.1093/deafed/enh002
Do Fourteenth Amendment Considerations Outweigh a Potential State Interest in Mandating Cochlear Implantation for Deaf Children?

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Currently, the decision concerning pediatric cochlear implantation for children remains a personal choice for parents to make. Economic factors, educational outcomes, and societal attitudes concerning deafness could result in an increased governmental interest in this choice. This article examines case law related to the issue of parental autonomy to determine whether the state, acting in the role of parens patriae, could use economic and social reasons to mandate the provision of cochlear implants for all eligible children. The author uses previous cases as a framework to develop an opinion on whether a constitutional protection for parents may exist.

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Subjects: Education ; Linguistics ; Teaching of Specific Groups and Special Educational Needs

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