by Melinda Clayton

Created on: November 10, 2010   Last Updated: November 11, 2010

Prior to the 1960s, children with disabilities had few rights in the arena of public education.  Children who were deemed too low functioning to benefit from public schools were often expelled, as were children who presented with behavioral issues or physical disabilities that were considered too disruptive to the classroom.

A series of legislative acts were enacted in the latter half of the 20th century to ensure that children with disabilities had the right to receive a free, appropriate, public education.  One of the most influential of these acts was The Individuals with Disabilities Education Act (IDEA) of 2004.

Among other things, IDEA 2004 mandates that students with special needs must be educated in the least restrictive environment conducive to learning, and must be educated in settings with children who do not have disabilities to the maximum extent possible.  In other words, whenever possible, students with disabilities must be integrated into regular classroom settings. 

This is usually done along some sort of continuum, depending on the needs of the student.  For example, the child may spend the majority of the day in the regular classroom, but receive tutoring or one-on-one instruction.  In other cases, the child may spend recess and lunch with the regular classroom but receive more intensive, specialized services throughout the rest of the day.

There are numerous combinations of services that can be implemented, but how can schools determine which combination is the right one?  And what if, in meeting the needs of the student with a disability, the needs of the other students are somehow unmet?

Luckily, there are several judicial guidelines that can be used when determining the appropriate level of placement for a child with disabilities.  The first case involved a 9 year old boy, Neil Roncker, who presented with mild mental retardation.  The school district determined he needed placement in a special school.  The parents disagreed, and the U. S. Court of Appeals for the Sixth District agreed with the Ronckers. 

This decision led to the development of the Roncker Portability Test, which asks if the supports provided by a segregated placement can be provided in an integrated setting.  If the needed supports can be provided in a general education classroom, the student must be educated in a general education classroom.

The second case involved a six year old child named Daniel, who attended

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