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maryanne fiadino's List: EDA 506 Legal Issues
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Jul 07, 09
The peculiar facts
of this case make a mechanical application of the Oberti test difficult.
As the District Court correctly noted, the Kingwood preschool program "cannot be
described as a typical ‘regular class,’ nor is it a typical special education
class; half of the children in the class are handicapped, and any preschool
child living in Kingwood Township may apply to attend the program." T.R., 32 F.
Supp. 2d at 730. Nevertheless, it is clear that the Kingwood preschool class is,
under the terms of the IDEA, more restrictive than a ‘regular,"
fully-mainstreamed preschool class would be. Indeed, the Kingwood program’s
statement of philosophy states that it "has been designed to meet the needs of
Kingwood Township students ages three through five who have an identified
disabling condition or a measurable developmental impairment and who would
benefit from special education." (App. 100) (emphasis added). -
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