federal COURT AFFIRMS DECISION TO KEEP STUDENT IN REGULAR EDUCATION CLASSROOM

Philadelphia, Oct. 31 - - A federal Appellate Court in Philadelphia has affirmed a lower court ruling that a 15-year-old student with retardation can attend a regular education classroom, rather than a separate program in another school district. 

Spike Girty has been in a regular classroom since 4^th grade. Spike has made slow but steady progress in academic work at his level, and has improved in his ability to communicate and relate to non-disabled classmates and adults.

Spike’s parents were delighted by the decision.

“We thank the court for ruling that our son with special needs can be taught in a regular classroom with his non-disabled friends and peers,” said Chuck and Vickie Girty. “Finally after all these years the school district can focus on our son’s education and not what setting it will be done in.”

“Having our son in the mainstream has done wonders for his self-esteem, he has made friends and is well accepted by his peers,” added Mr. and Mrs. Girty. “It has been a positive situation not only for our son but for all of the students.”

This case started when Spike was in 6^th grade, and the Valley Grove School District tried to move him from the regular class in his school district to a special class in another school district for most of the school day. After losing the battle to stay in the regular classroom in the state administrative process, the family appealed to federal court.

Judge Sean J. McLaughlin held that Spike should remain in the regular classroom. This decision was based on the federal Individuals with Disabilities Education Act, which requires that students like Spike be educated with students without disabilities to the maximum extent possible. The judge found that Spike had succeeded to the extent of his abilities in a regular setting, and rejected the argument that Spike’s inability to achieve the same academic goals as his classmates was a reason to educate him separately.

The Valley Grove School District’s appeal from that decision was denied by the U.S. Court of Appeals for the Third Circuit. That federal court governs PA, N.J., Delaware and the Virgin Islands.

Lilian Akin, lead co-counsel for the family, said she was also pleased with the decision.

“The Third Circuit should be commended for their decision,” she said. “Spike has a disability, but despite that is able to lead a normal life.  This decision gives him the right to have normalcy in his educational career as well.  I'm thrilled for Spike and his family.”

The case was handled in the Court of Appeals by the Education Law Center, a non-profit public interest law firm that helps children with disabilities and their families. The Girtys were also supported by the U.S. Department of Justice, which submitted a “Friend of the Court” Brief and argued before the Court of Appeals.

Janet Stotland, the ELC attorney who handled the appeal and argued the case before the Appellate Court, stated: “The District argued that “inclusion” is less important for older students with disabilities. This is certainly not true for Spike, and studies show that it is not true for other students.  The federal court has once again reaffirmed that federal law requires that students with disabilities be educated together with their non-disabled peers whenever possible.”