Court Ruling Favors Inclusive Education

Federal District Court Judge Robert N. Chatigny has approved a negotiated settlement of an 11-year-long lawsuit that will broaden opportunities for children with mental retardation to be educated with their non-disabled peers. Judge Chatigny's ruling was announced on May 22 at the close of the Final Hearing in the case known as P.J. et al v. State of Connecticut, Board of Education et al.

The agreement, which is effective immediately, calls for the State Department of Education to work "continuously" toward the goals of greater inclusion of children with mental retardation in regular classes in their home schools (the schools they would attend if they did not have a disability) and in extracurricular activities, and establishes an expert panel to advise, assist and monitor the process and progress. The Court will retain jurisdiction over the case for a period of eight years.

This action was undertaken in 1991 by the parents of six individual students, Arc/CT (formerly the CT Association for Retarded Citizens), and the CT Coalition for Inclusive Education, who claimed that the State Department of Education was not fulfilling its obligation to enforce the requirement in the federal Individuals with Disabilities Education Act that children with disabilities be educated with nondisabled children to the maximum extent appropriate.

Judge Chatigny indicated his approval of the settlement, saying, "As the person who presided over the trial, there is no doubt in my mind that the interests of all concerned are best served by this agreement. It is, in my judgment, fair, adequate and reasonable." He praised the comments of the supporting witnesses, among them Margaret H. Dignoti, Executive Director of Arc/CT; Ginger Spiers, President of the CT Coalition for Inclusive Education; Dr. Kathleen Whitbread of the UConn Center on Disabilities; Bill Jordan, parent of P.J., for whom the case is named; Sherena Watson, a high school student who is labeled "intellectually disabled" and is in a segregated special education program in Middletown; and the plaintiffs' lawyers, David Shaw and Frank Laski.

In Judge Chatigny's words, "This is not just a way of concluding the case. To the contrary, I think it does provide the basis for significant progress. And I expect that when we look back, those of you who have been instrumental in bringing this about will take satisfaction in having made an important contribution to the public good as well as the interests of the individuals who will be affected more directly by this work that you have done. And, on behalf of the court, I express my sincere gratitude to you." He went on to say, "I think that this is a very good thing."

The ruling was greeted with cheers, hugs, and congratulations among the parents, advocates and professionals who have diligently followed this complex case through the court system. Bloomfield-based Attorney Shaw stated, "The settlement promises to complete the initiatives begun by Arc/CT nearly fifty years ago to end the state-imposed segregation of these children." He emphasized, however, that "the path to full participation in our local schools for these 3,700 children is likely to be full of obstacles erected by local and state officials who are reluctant to abandon their practices that caused the problem in the first place."

Arc/CT's Peg Dignoti praised the insight and understanding of Judge Chatigny and the patience and skill of Magistrate Judge Donna F. Martinez, who facilitated many negotiation sessions. She also credited State Education Commissioner Theodore S. Sergi for his role in the negotiations. "His growing understanding of the problems facing families and the other issues in the case led to many of the final agreements."

Dignoti cited Attorneys Shaw and Laski for their "relentless pursuit of a better education for children with mental retardation." The two attorneys also represented the plaintiffs in the Mansfield Training School case which was settled in 1984 and led to the closure of the institution in 1993. They continue to work on the lawsuit against Southbury Training School filed in 1994 by Arc/CT and other plaintiffs.