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Oberti by Oberti v. Board of Education of Borough of Clementon School District

The school district bears the burden of proving compliance with LRE regardless of which party brought the claim. The reason for imposing the burden of proof on the school system was explained by the Court: "the Act's strong presumption in favor of mainstreaming ... would be turned on its head if parents had to prove that their child was worthy of being included, rather than the school district having to justify a decision to exclude the child from the regular classroom."

  • Date Published: 1993
  • Journal/Secondary Title: Federal Reporter
  • Publisher: 3rd Circuit
  • Volume: 995
  • Year: 1993

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