The case has received considerable national attention from both parents and school officials (MacKay, 1987b; McCallum, 1987).
In addition to the impetus of the Charter of Rights and Freedoms (1982), a number of parents, parent groups, and educators throughout Canada have been calling for more integrated and inclusive school programs for students with disabilities. In the province of New Brunswick, this led to political action, and, as indicated above, subsequent legislative reform. Bill 85, which addresses the equality and procedural issues for educational practise that flow from the Charter, was unanimously passed by the New Brunswick legislature in 1986. Section 45(2)1 of Bill 85 (1986) deals with placement considerations and is particularly significant:
A school board shall place exceptional pupils such that they receive special education programs and services in circumstances where exceptional pupils can participate with pupils who are not exceptional pupils within regular classroom settings to the extent that is considered practicable by the board having due regard for the education needs of all pupils.
This section provides clear direction that integrated school programs are assumed to be appropriate for exceptional students in New Brunswick schools. Alternatives are to be used only after every attempt has been made to make an integrated program work. A school board may decide that an integrated program is not practicable for a given student, for a given period of time, for specific reasons; however, withdrawal is to occur only for compelling reasons that are considered necessary to meet the child’s needs and on the condition that a plan to return the child to the regular class is made at the time of the withdrawal (Department of Education, Province of New Brunswick, 1988a).
