The Nation - News from Dec. 25, 1987

A federal judge has ruled in Tampa, Fla., that a county school system does not have to admit a mentally handicapped 6-year-old girl with AIDS-related complex into a special education program. U.S. District Judge Elizabeth Kovachevich cited conflicting opinions from experts in her decision against Eliana Martinez. Hillsborough County school officials had restricted the girl to a home education program because she is not toilet-trained. “The court finds that, under the facts of the case, the specific potential harm to others clearly outweighs the interests of (Eliana) . . . “ the judge ruled. Rosa Martinez asked that her daughter be allowed to attend classes following implementation of such precautions as the use of disinfectants and disposable diapers.