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OBERTI v. BOARD OF EDUC. OF BOROUGH OF CLEMENTON SCHOOL DIST.

No. 92-5462.

995 F.2d 1204 (1993)

Rafael OBERTI, by his parents and next friends, Carlos and Jeanne OBERTI; Carlos Oberti; Jeanne Oberti, Appellees, v. BOARD OF EDUCATION OF the BOROUGH OF CLEMENTON SCHOOL DISTRICT; William Sherman, individually and in his capacity as Superintendent of the School District of the Borough of Clementon; James P. Dailey; Sara A. Paranzino; Robert H. Moran; James D. Murray; Irene J. Buchalter; Harry F. Gahm; Earl F. Hettel; Ora Lee Wooster, III; William Norcross, individually and in their capacities as members of the Board of Education of the Borough of Clementon School District; Steven K. Leibrand, Board of Education of the Borough of Clementon School District, William Sherman, individually and in his capacity as Superintendent of the School District of the Borough of Clementon, Steven K. Leibrand, Earl F. Hettel, Sara A. Paranzino, Robert H. Moran, James D. Murray, Harry F. Gahm, Irene J. Buchalter, Ora Lee Wooster, III, and William Norcross, individually and in their capacities as members of the Board of Education of the Borough of Clementon School District, Appellants.

United States Court of Appeals, Third Circuit.

Decided May 28, 1993.

Attorney(s) appearing for the Case

Frank L. Laski (argued), Penelope A. Boyd, Public Interest Law Center of Philadelphia, Philadelphia, PA, for appellees.

Thomas J. Murphy (argued), Marlton, NJ, for appellants.

Before: BECKER, GREENBERG, and WEIS, Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

The Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400-1485 (formerly the "Education for All Handicapped Children Act"), provides that states receiving funding under the Act must ensure that children with disabilities are educated in regular classrooms with nondisabled children "to the maximum extent appropriate." 20 U.S.C. § 1412(5)(B). Plaintiff-appellee Rafael Oberti is an eight...

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