Beldene Goldman (8 years old) was refused to attend a school in the Cleveland Heights City Schools District in 1933 due to his “low mentality.” Even though Goldman had suffered a brain injury when he was born, he does not suffer from terribly noticeable “retardation. Regardless, Goldman attended the Superior Opportunity School, which was specifically tailored to children with “low intelligence.” In 1932, the board of education outlawed children from attending the school if they had an IQ below 50, leading to Goldman being excluded (Section 7762-7, General Code of Ohio). 


Background of the Board of Education v. State Case


This section states that the State Department of Education is allowed to administer or give standardized tests or examinations in order to determine a student’s ability to substantially profit and continue to learn and develop through further schooling. 


Section 7762-7 General Code of Ohio


The ultimate question of the case is that of whether the child was refused admission to school legally or not. This case led to no particular conclusion or determination because it was ultimately up to the State Board of Education, believing that the child was not excluded in the end. 


The Conclusion of Board of Education v. State 


This case examined whether Beldene Goldman (8 years old) was refused admission to school legally or not. 


University of Rochester

- Cuyahoga County Court of Appeals (1934)
- Illinois Supreme Court (1958)
- North Carolina (1969)  

Both of these cases ruled that the state statute did not apply to students with disabilities. 

Court Cases that Disregarded Compulsory Laws 


Board of Education v. State, ex Rel. Goldman, 47 Ohio App. 417, 191 N.E. 914 (Ohio Ct. App. 1934)

Board of Education v. State Reference

Board of Education v. State (1934)


Illinois’ Supreme Court held that the state compulsory education law declared it was not mandatory for the state to provide free public education to any children or student with “mental impairments.” 


1958 Illinois Supreme Court 

Up until 1969, North Carolina held it to be a crime for a parent to try to enroll a child who was handicapped in public school, if that child had already been excluded. 

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