INCLUSION: CONTINUUM OF SERVICES
Background Information:
This was a landmark court cases for the inclusion of a child with Down Syndrome in the state of New Jersey. Rafael Oberti, and eight year old child with Down's syndrome, was removed from his regular kindergarten class and placed in a segregated special education class. The type of birth defect that Rafael has is a genetic defect that impairs his intellectual function and his ability to communicate.
Rafael and his family lived in the Clementon School District, in southern New Jersey. "Rafael was evaluated in accordance with federal and state law by the School District's Child Study Team (the "Team"). See 20 U.S.C. S 1412(2)(C); N.J.A.C. 6:28-3.1 - 6:28-3.4.[fn2] Based on its evaluation, the Team recommended to Rafael's Parents that he be placed in a segregated special education class located in another school district for the 1989-90 school year." According to these findings Rafael's parents and the Clementon School District came to an agreement that would allow Rafael to attend Kindergarten in the mornings at Clementon Elementary School "and a special education class in another school district in the afternoon." The goal was that Rafael would observe, model and socialize with nondisabled children in the morning kindergarten class and complete his academics in the afternoon in another school district.
When Rafael begin to experience some behavioral problems "the Child Study Team proposed to place Rafael in a segregated special education class for children classified as "educable mentally retarded."
The Result:
The Obertis' took their case to court and after many months the court rule that the Clemention School District had to admit Rafael into a regular class and provide the necessary service to ensure that he received the same education as any child.
The courts made it plan that "inclusion is a right, not a privilege for a select few" and that the Clemention School District may have been in violation of the IDEA. The Obertis's persistence help change Clemention School District policies and procedures for children with disabilities.
Information gatered from: http://www.kidstogether.org/right-ed_filees/oberti.htm
Whenever possible, every effort should be made to include special needs children rather than exclude them. There are many things and/or activities many special needs children can't enjoy or participate in in life, and may never be able to due to their disability, so we need to make every effort possible to include them whenever possible.
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