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Integrated Education Case

Germany Federal Constitutional Court
96 BVerfGE 288 (1997)

Written by Kelly Simon, JD

Facts

A child (plaintiff), born with spina bifida, suffered from partial paralysis, used a wheelchair, had difficulty speaking, and had other motor activity difficulties. The child attended an integrated school where she received instruction from students who did not have disabilities. The German education authorities (defendants) issued a referral order to reassign the child to a nonintegrated school for children with disabilities. The child and her parents (collectively, the family) objected to the referral, requesting an injunction from the higher administrative court. After the injunction was denied, the family filed a constitutional complaint with the Federal Constitutional Court, arguing that Article 3 of German Basic Law prevents unfavorable discrimination based on a disability.

Rule of Law

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Issue

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Holding and Reasoning (Per curiam)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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