The aim of the paper is to explore the possibility to develop inclusive education policies that target more than one group, being Roma or children with disability. The paper will outline how historically educational policies on disability/special needs have been manipulated to exclude Roma pupils (Rostas, 2012). Reference will be made in particular to the Czech Republic and Hungary and their policies to assign predominantly Roma children to attend special schools. After providing an overview of exclusion the paper will seek to assess the impact of European Court of Human Rights (ECTR) judgements on both Roma and children with disability.   An important point of discussion will be the two cases decided by the ECTR on overrepresentation of Roma in special schools and misdiagnosis. D.H. and Others vs the Czech Republic involved a group of young Roma people from Ostrava who were enrolled in a special elementary school, for children with ‘mild mental disabilities’. The European Court ruled that placement of Romani children in the schools for pupils with mild mental disabilities amounted to unlawful discrimination. It is of concern to note that the latest findings of the Czech School Inspectorate and the Public Defender of Rights, Romani children still account for at least one-third of all pupils in practical (formerly named special) schools. The Horvath and Kiss vs Hungary involved a number of applicants of Roma origin who were misdiagnosed and placed in special remedial schools. The way arguments have been built by lawyers led to tensions between Roma rights groups and disability groups.   The paper will consider the potential impact of judicial decisions in the Czech Republic and Hungary and explore means whereby judicial processes can be made more effective but also means by which improved home/school links can create, through partnership, dialogue and transculltural communication, inclusive schools which effectively support all pupils including those from marginalized backgrounds and or who have special needs (Ryder, Rostas and Taba, 2014)

D.H. and Others v. the Czech Republic, App. No. 57325/00, 47 EUR. H.R. REP. 3 (2008) Horváth and Kiss v. Hungary, App. No. 11146/11, Eur. Ct. H.R. ¶¶ 128–129 (2013) Rostas, I. (ed.) 2012. Ten Years After: A History of Roma School Desegregation in Central and Eastern Europe. Budapest: CEU Press. Ryder, A., Rostas, I., Taba, M. (2014) ‘Nothing about us without us’: the role of inclusive community development in school desegregation for Roma communities, Race Ethnicity and Education Volume 17, Issue 4, 2014