In the Elwood case, Luke was in his neighbourhood school during the year befone his trial, and his fellow students and classroom teacher became his greatest allies. The evidence given by people closest to the child ran contrary to the position taken by the school board, which no doubt inspired the school board to settle.
In cases where the minister of education was implicated, the politics of the situation became critical. In the Margaret Eggert case, wide-spread positive media coverage exerted suffcient political pressure to influence the decision in favour of the child. In the Alexandra Hysert case, the attorney general saw that the government policy on integation ran counter to the position adopted in its defense to the child’s claim. The emberrassment of the inconsistency compelled the government to change sides, leaving the school hoard disempowered.
In order for segregation, both dejure and de facto, to be dismantled, it must he challenged on all fronts. While segregation persists, the non-disabled community will never have the opportunity to relate to people with disabilities as full and participating citizens. One has only to visit a truly integrated school, speak to one of the educators responsible for the implementation of an equality setting, or meet with any of the students benefitting from a situation where all children are included, to truly appredate the result. There are some Canadian jurisdictions that provide outstanding models.
As long as people must struggle in courts for inclusion, others will continue to see disability as something negative and treat people with disabilities differently. The stereotypical impression of people with disabilities, that they must qualify to be anything but excluded and devalued, will continue to be the norm.
School board administrators and ministers of education must realize that legally sanctioned segregation has rendered people with mental handicaps powerless and disadvantaged.
