Oberti V Board Of Education Case Study

Improved Essays
In 1993 there was a court case was brought into the light in reference to whether or not schools should be allowed to send students outside of the district to fulfill their educational needs. The case was called Oberti v. Board of Education and the plaintiff was Rafael Oberti who was an eight year old boy with down syndrome who was being told he needed to go to a school forty-five minutes away instead of the local school. The defendant was the Clementon, NJ Board of Education, who were the people telling the Obertis that Rafael needed to go to another school. The Obertis believed that Rafael could be included in his local classroom and that all of his needs could, and should, be met without having to attend a completely different school. Their …show more content…
This falls under the legislation of the idea of zero reject because this defends the idea that a student cannot be rejected from a school because they cannot cater to that student’s needs. Furthermore, this allows that all students are given an equal opportunity toward education instead of how Rafael was going to be bused to a far away school because the district did not want to help him. That is why the court wanted the school to enact a policy such as zero reject so that all students are allowed to stay in their own town and given the aid towards their needs. Another educational rationale that is seen in the decision of this case would be the idea of related services. Related services means that all students have access to transportation and such developmental, corrective, and supportive services as are required to assist a child with a disability to benefit from special education. In the case of Rafael this would mean that he would have access to the supportive services he would need to be in the regular classroom. All in all, the educational rationales in this case show how every school should be aiding all of their students in the ways they need instead of just turning them

Related Documents

  • Improved Essays

    Relief Sought: Petitioner filed suit against the Western Line Consolidated School District seeking reinstatement because the nonrenewal of her contract violated her First and Fourteenth Amendments. Issues: Givhan v. Western Line Consolidated School District addressed a teacher’s right to free speech under the First and Fourteenth Amendments. Facts: Bessie Givhan, a teacher in Mississippi’s Western Line Consolidated School, went into the principal’s office and expressed her opinion concerning the school’s hiring practices and policies. She believed that the practices were racially prejudiced, and after expressing her opinions, the principal claimed that the teacher made unreasonable and hostile demands. After the school year, her teaching contract was not renewed.…

    • 491 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Supreme Court Case Essay

    • 808 Words
    • 4 Pages

    Title and Citation: Fry V. Napoleon Community School District Topic: A school district denying the student the right to have a service dog attend school. Level or Type of Court: Supreme Court- Oct 2016 Facts of the Case: A student with cerebral palsy obtained a service dog with the doctor’s approval to help her live as independent as possible. The service dog was hypo-allergenic and was to stay out of the way when not needed.…

    • 808 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The National Association for the Advancement of Colored People (NAACP) argued the school’s adopted plan was too gradual. When they filed the suit, the federal judge stated the school board was acting in “good faith,” therefore the suit was…

    • 486 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Amy Rowley Case Summary

    • 436 Words
    • 2 Pages

    The District Court ruled in favor of Amy, and the Court of Appeals affirmed their decision; therefore, the school district appealed the decision to the U.S. Supreme Court in 1982. Case Summary…

    • 436 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Supreme Court Case Study

    • 945 Words
    • 4 Pages

    Board of Education. This case began in December 1953, according to Gateways to Democracy. The case brought forth the question Can states provide segregated schools for black and white school aged children? To some this answer was strictly yes the states should be allowed to while others were drastically affected by it. For instance, Linda Brown a third grade who brought suit against the Topeka Kansas school board for rejecting for her into a local predominately white school within her district.…

    • 945 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    In 1954, many schools in the United States were racially segregated. This was made legal by Plessy vs. Ferguson, which stated that segregated schools were constitutional, as long as the black and white facilities were equal to each other. So NAACP lawyers made lawsuits on behalf of black children and their families in several states, looking for court orders to get school districts to let black and white students attend the same public schools. One of these lawsuits, Brown vs. Board of Education, was filed against the Topeka, Kansas’s Board of Education by representative and plaintiff Oliver Brown.…

    • 295 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    The 1980 court case, Armstrong V. Kline, drew from parents of children with exceptionalities becoming upset with the education system’s 180-day school year rule1. Beginning in January of 1980, they decided that enough was enough and they needed to do something before summer vacation came so, their child/children would not lose everything they learned during the school year1. The parents took on the court case, filing three class action lawsuits, all of which were against Caryl Kline, the secretary of education and chief official of the Department of Education1. The result of this particular case relieved me but, the fact it had to become a court case, I found to be absolutely ridiculous. Also, the terminology they used while describing the…

    • 751 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Plaintiffs concluded that in an appeal to the Supreme Court that segregated schools…

    • 486 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Board of education. This case was about a mother whose child wasn’t getting proper education because they were black. “In a unanimous decision, the Supreme Court ruled in favor of Brown. The Court found the practice of segregation unconstitutional and refused to apply its decision in Plessy v. Ferguson to “the field of public education.”…

    • 732 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    Several years after the Emancipation Proclamation, changing the status of African Americans from slaves to free people there were still laws put into place that still resonated slavery, and the segregation between white and black people. One institution were segregation between black and white Americans was still in practice until recently was in the educational facilities. Elementary schools from K-12 where still segregated in the sense that black kids had their own learning facilities while white kids also had their own learning facilities up until 1954 when Brown v. Board of Education was won. In 1896 the Supreme Court case Plessy v. Ferguson authorized the passing of a state in Louisiana, thats foundations where in segregation. The case…

    • 1301 Words
    • 6 Pages
    Superior Essays
  • Superior Essays

    This issue was argued in the Supreme Court in 1982. This court ruled that it is “…unconstitutional for a school board to deny students access to ideas with which the school board disagrees (Board of Education, Island Trees Union Free School District v. Pico)”…

    • 1796 Words
    • 8 Pages
    • 8 Works Cited
    Superior Essays
  • Superior Essays

    Warren Court Influence

    • 1351 Words
    • 6 Pages

    After a long process the Warren Court not only declared segregation as a violation of civil liberties but also that segregation “deprives children of a minority group of equal educational opportunities- to separate them from others their age and qualifications solely because of race generates a feeling of inferiority in their status in society- may affect their hearts and minds in a way that cannot be undone”. This along with the 14th Amendment’s Equal Protection Clause, which the court cited as being violated by segregation as a whole. With the decision of desegregation made by the Warren Court, sparked a new era in civil rights; the modern civil rights era. Today there are a multitude of civil rights movements that deal with the education of minorities. One such movement is in the favor of black children being able to get better education than that found in inner-city schools through private or religious schools.…

    • 1351 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    “Board of Education, the Supreme Court outlawed segregation in education, which led to desegregation in many other public places. ”(Opposition to the Brown v. Board of Education Decision). The court reviewed several arguments and came to the conclusion that segregation in public school was not fair and voiced that it should be stopped. “After listening to arguments made by both sides, the court decided that segregation in…

    • 747 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The district claimed the cost of millions of dollars would cause and undue burden on the district. The judge ruled that by them excluding children with disabilities from education…

    • 391 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    1. What were the two main findings in the PARC Case (1971)? The case of Pennsylvania Association for Retarded Children (PARC) v. the Commonwealth of Pennsylvania consists in a sue against a state law which denied access to education to children with disabilities who have not reached the 5 year old mental developmental. The two main findings in this case are the right of students with mental retardation to receive free public education and, as long as possible, include this kind of students in a regular classroom rather than an isolated special class.…

    • 1319 Words
    • 6 Pages
    Improved Essays