may 24, 1989 - Timothy W. v. Rochester, New Hampshire, School District

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Timothy W. was a four year old disabled child getting ready to go into school. The school board decided to hold a meeting to decide if Timothy was "educationally handicapped". Timothy's pediatrician and many other stated Timothy should receive an individualized education program because he can react to noises and could benefit from physical and occupational therapy. Two doctors said Timothy had no educational potential, therefore the school board said they did not have to provide any educational services. After many months of Timothy's attorneys' fighting the school district to provide Timothy with an education, they had to take this to federal district court. The court decided the school did not need to provide Timothy with education services because he was "not benefitting from such services". On February 7, 1989, the case was debated in front of the First Circuit Court of Appeals. The court decided that this was a violation of the Education for All Handicapped Children Act. They stated this was against the "zero-reject" portion of the act and overturned the previous ruling.

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