Hairston+v.+Drosick

1. What is the case name and what is the citation?

//Hairston v. Drosick,// 423 F.Supp. 180 (1976).

2. What are the facts of the case (this can include what happened in the lower courts) ?

Larry and Sheila Hairston were seeking the right of their child, Trina, to attend Gary Grade School, a public school in West Virginia. The child has a physical condition called spina bifida her right to attend the regular public school classroom has been infringed upon because of her disability which causes of the incontinence bowels and a noticeable limp. Sheila Hairston received a call from the teacher saying Trina would not be accepted into her classroom. After Sheila complained about this they had a discussion and it was determined by the school authorities that Trina's could to attend the school if her mother came and was with her at all times. This was not possible for Sheila. Sheila had a number of reasons why she could not be at school with Trina including: she was terminally ill and did not have a drivers license. In the state of West Virginia there were many students with the same condition, and even with a more severe version of spina bifida they were accepted into public schools. Federal Law states that excluding students with this condition should be a last resort.

3. What is the issue that the court is deciding?

Does denying a student the right to attend school in a public general classroom deprive them an equal education and does it infringe upon the Education of the Handicapped Act of 1974 which is intended to prevent educational segregation of students with disabilities?

4.What did the court decide?

Denying a student from a regular classroom and placement in special education without previous notice and procedural safeguards including opportunity to be heard is contrary to the due process clause of the Fourteenth Amendment to the United States Constitution. The plaintiff (Trina) was to be admitted into Gary Grade School immediately.

5. Why did the court rule this way?

The court ruled this way based on the laws that were already in place protecting students with disabilities.The exclusion of a minimally handicapped child from a regular public classroom situation without an educational reason is in violation of Title V of Public Law 93-112, "The Rehabilitation Act of 1973," 29 U.S.C. ? 794. The statue protects students with disabilities against discrimination in any program receiving federal finical assistance.