Eaton v. Brant County Board of Education

Abstract

What do principles of equality and non-discrimination require in relation to disabled students? Where disability significantly impacts upon the manner of learning, formal equality analysis is woefully inadequate — there are no likes to be treated alike. The non-discrimination issue in relation to the education of disabled students centres on the question of how equality analysis deals with differences that are attributable to disability. Does substantive equality, in taking account of difference, incorporate a presumption of integrated education? If so, what is required of integrated education to achieve equality for disabled students? These questions lie at the heart of the present case.

Keywords: integrated education, disability, students, equality, disabilities