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The "Full Inclusion" Court Cases: 1989-1994

Written Material

In this Bulletin two attorneys describe the holdings of four United States federal courts in affirming the right of students with significant disabilities to attend regular education classes full time, and provides guidance for schools, parents and other advocates. Consistent across all courts was the holding that before denying a student the opportunity to be in an included setting, the school districts must demonstrate that placement in the regular class with appropriate support services will not provide benefit for the student. Even though these cases refer to the US (and its relevant legislation), this issue is extremely important. It shows that the courts already assumed that inclusive education is right and of benefit for the student. The onus was therefore placed firmly upon the school district to prove that this would not be the case for a particular student. Keyword: Legal

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Lipton, Diane
NCERI Bulletin, Volume 1 Number 2
Publication Date
1 January 1994
United States

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