ERIC Number: ED383135
Record Type: Non-Journal
Publication Date: 1994
Reference Count: N/A
The "Full Inclusion" Court Cases: 1989-1994.
National Center on Educational Restructuring and Inclusion Bulletin, v1 n2 Fall 1994
This theme issue provides guidance on school district compliance with the Individuals with Disabilities Education Act (IDEA) in the inclusion of students with disabilities. It provides a summary and analysis of four recent decisions in federal appellate courts, which all affirmed the right of students with significant disabilities to attend regular education classes full time when the educational benefits for the individual student warrant such a placement. The cases are: "Daniel R.R. v. State Board of Education,""Greer v. Rome City School District,""Oberti v. Board of Education of the Borough of Clementon School District," and "Sacramento City Unified School District v. Rachel Holland," and were decided upon by the Fifth, Eleventh, Third, and Ninth Circuit Courts, respectively. Consistent across all the decisions is the holding that, before denying a student the opportunity to be in an inclusive setting, school districts must demonstrate that placement in the regular class with appropriate support services and supplementary aids will not provide benefit for the student. It is also noted that the U.S. Supreme Court has denied review of the Holland decision, suggesting that these appellate court decisions will be the standard for some time to come. (DB)
Publication Type: Collected Works - Serials
Education Level: N/A
Audience: Policymakers; Parents; Community
Authoring Institution: City Univ. of New York, NY. National Center on Educational Restructuring and Inclusion.
Identifiers - Laws, Policies, & Programs: Individuals with Disabilities Education Act