Resource: J.N. v. Oregon Department of Education

By: National Center for Youth Law

September 2, 2020

The State of Oregon has effectively denied hundreds of children with disabilities the opportunity to attend school for a full day, in violation of federal laws, the Individuals with Disability Education Act (IDEA), the Americans with Disabilities Act, and Rehabilitation Act.

Children in Oregon as young as five- and six-years-old are routinely excluded from attending a full school day with their peers because of their disability-related behaviors. Some of these children receive as little as one or two hours of instruction a day instead of the six hours their classmates typically receive. Even when they are permitted to attend school, their instruction often takes place in a separate classroom where they have little or no opportunity to interact and learn with their non-disabled peers, despite abundant research and evidence that they are far more likely to enjoy academic and social success when allowed to do so.