ERIC Number: ED330164
Record Type: Non-Journal
Publication Date: 1990
Reference Count: N/A
The EHA and Mainstreaming: Has the Idaho Supreme Court Taken a Step Backward?
Osborne, Allan G., Jr.
The paper examines an Idaho Supreme Court decision (Thornock versus Boise Independent School District) that placement of a severely handicapped student in a regular classroom with the assistance of an aide was preferable to placement in a segregated special education classroom. The paper argues that this decision is contrary to the provisions of the Education for All Handicapped Children Act, to Congressional intent, and to established case law which has held that the least restrictive environment provision is secondary to the requirement that needed special education services be provided. Case law is reviewed, addressing the least restrictive environment principle, tuition reimbursement, and handicapped parochial school students. It is noted that the United States Supreme Court declined to review this decision on appeal. Extensive footnotes are provided. (DB)
Publication Type: Opinion Papers; Information Analyses
Education Level: N/A
Authoring Institution: N/A
Identifiers - Location: Idaho
Identifiers - Laws, Policies, & Programs: Education for All Handicapped Children Act