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Education
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Topic:

Summary and Understanding the Oberti Case

Essay Instructions:

EDU 203 Assignment #7: Understanding Oberti   

Due Tuesday, April 7th

 

 

The purpose of this assignment is twofold:

 

  • to develop a working understanding of the concept of least restrictive environment
  • to develop a working knowledge of the legal basis for inclusive education.

 

 

  1. Summary of the Oberti Case (50 points)
    1. Include a description of the facts
    2. Address the legal arguments by each party
    3. Include the court’s holding.  What does this decision mean for Rafael and for the school district? 
    4. What would be important for teachers to know about this case?

 

  1. Rationales (25 points)
    1. What are the educational rationales behind the basic elements of the decision?
    2. What did the court presume about best practices for educating children with disabilities? (Here, you should be focusing on IDEA’s FAPE and LRE.)

 

  1. Making Connections (25 points)
    1. What are the similarities and differences between how this case was decided (i.e., the basis upon which it was decided) and how the Brown v. Board of Education case was decided?  
    2. What are the policies about segregation in education constructed through each of these decisions?

 

 

Use easily understood language, not educational or legal jargon.  Use brief quotations from the decision to identify major findings from the decision.

 

 

 

 

Essay Sample Content Preview:

Understanding Oberti
Student’s Name
Institution
Understanding Oberti
Summary of the Oberti Case
The Oberti case involved an 8-year-old child, Rafael Oberti, who had Down’s syndrome and was transferred to a special education class in a different school district. Rafael was a student in the Borough of Clementon school district. Before this transfer, Rafael attended a developmental kindergarten class in the morning in his local school and a special education class in the afternoon in a different school district. Rafael made progress in the academic and social aspects but had behavioral challenges such as hitting other children and temper tantrums. Rafael’s Individualized Education Plan (IEP) was insufficient in addressing Rafael’s behavioral challenges, hence the decision to transfer him to a special education class.
Rafael’s parents realized that the Clementon school district had no plans to mainstream Rafael and filed for a due process hearing under the Individualized Disability Education Act (IDEA). They argued that Rafael should “be placed in a regular class in his neighborhood elementary school.” Expert testimonies indicated that with supplementary aids and services, Rafael could be mainstreamed. The family also argued that the school district had made no efforts in mainstreaming Rafael to the “maximum extent appropriate” as provided by IDEA. The school district argued that Rafael was not ready for mainstreaming because his behavior problem in the regular class was “extensive and that he had achieved no meaningful educational benefit in the class.”
The district court sided with the Obertis and held that the “School District had violated IDEA” because it did not make “reasonable efforts to include Rafael in a regul...
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