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Oberti v Board of Education

A Rational View

By Brooke R. Whitted & Shelley Davis

Despite the court's castigation of the evils of "segregated" placements for children with disabilities, a closer reading of the district court and the Third Circuit's decisions in Oberti v. Board of Education reveals that they do not constitute a radical departure in the law. Rather, the Oberti opinions reflect the courts' continuing insistence that school districts try a variety of less restrictive alternatives before they place children in specialized settings.

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