Clyde K. and Sheila K. v. Puyallup School District the Courts, Inclusion, and Students with Behavioral Disorders

Currently, one of the most controversial topics in education is the movement toward full inclusion of students with disabilities. Recent federal circuit courts have issued rulings which seem to favor a full inclusion position. These cases, however, involved the inclusion of students with moderate mental disabilities who did not present significant behavior management problems to their teachers. The relevance for students with emotional and behavior disorders (EBD) has been, therefore, uncertain. In late 1994, the U.S. Court of Appeals for the Ninth Circuit issued a ruling in Clyde K. and Sheila K. v. Puyallup School District. This decision involved the inclusion of a student with emotional and behavior disorders in the general education classroom. The ruling, in favor of the school district, was a departure from a recent string of decisions for plaintiffs seeking full inclusion and indicated that a significant factor in making placement decisions for students with EBD is the effect of the student's behavior on classmates and the educational environment. This article will review the legal basis of inclusion, examine the case law, and offer principles extrapolating from these cases regarding students with EBD and inclusion.