Oberti v. Board of Education of the Borough of Clementon


US District Court for New Jersey Trial

Determined to get Rafael into a regular classroom, where he would learn social skills he couldn’t get in his segregated classroom, the Obertis appealed the decision to the U.S. District Court for New Jersey. The court held trial in 1992, hearing new evidence from leading special education experts. The Obertis’ experts testified that with properly trained teachers and other resources, Rafael could be integrated – and in fact would greatly benefit from placement in the regular classroom.

The court sided with the Obertis and their experts, finding that the district had not demonstrated that Rafael could not be included in a regular classroom if necessary aids and services were provided. The court therefore concluded that the School District had violated IDEA.