Articles tagged with Legal Clips

Court rules private school student is not eligible for Section 504 services

The U.S. Court of Appeals for the Fourth Circuit has ruled that a disabled student unilaterally placed in a private school is not entitled to special education services under Section 504 of the Rehabilitation Act if he remains in the private school.

The National School Boards Association (NSBA), joined by its Maryland and Virginia state associations, filed an amicus brief in the case, D.L. v. Baltimore City Board of School Commissioners, asking the court not to expand the law, commonly known as Section 504, to require public schools to fund the education of students in private schools beyond the parameters of the Individuals with Disabilities Education Act (IDEA), the nation’s main special education law. The January 16 ruling will impact public schools in the Fourth Circuit, which includes Virginia, Maryland, West Virginia, North Carolina and South Carolina.

“The court recognized that Section 504 does not obligate school districts to pay for special education and related services for students enrolled unilaterally in private schools by their parents,” said NSBA General Counsel Francisco M. Negrón, Jr. “This decision supports Congress’ intent that federal funds for special education and related services be reserved primarily for students enrolled in public schools.”

The case centered on a student with ADHD whose parents requested an evaluation for special education services from the Baltimore City school district. The school officials determined the student would be eligible for Section 504 services based on his disabilities but only if he attended a public school.

The three-judge panel also upheld the school district’s requirement that private school students must enroll in a public school to obtain Section 504 services. The decision stated that the district’s rule “does not violate the Free Exercise Clause merely because it causes economic disadvantage on individuals who choose to practice their religion in a specific manner,” according to NSBA’s Legal Clips.

For more details on the case, read the article in Legal Clips.

 

Joetta Sack-Min|January 23rd, 2013|Categories: Council of School Attorneys, School Law, Special Education|Tags: , , |

Federal court overrules ID checks on immigrant students

A three-judge panel of 11th U.S. Circuit Court of Appeals has struck down a portion of Alabama’s strict immigration law that required public schools to check the legal status of students.

In a friend-of-the-court brief late last year, NSBA, the National Education Association, and the Alabama Education Association said the law was trying to use “fear and intimidation to drive undocumented immigrants from the state.”

The law had put public schools in a difficult position –on one hand, required by federal law to serve all children in the state regardless of their immigration status; on the other, being thrust to the front lines of a highly partisan battle over illegal immigration.

NSBA released a guide for educators last year, “Legal Issues for School Districts Related to the Education of Undocumented Children,” that discusses legal questions related to undocumented students that are commonly asked by school officials.

The main federal law is 1982 U.S. Supreme Court case Plyler v. Doe held that undocumented students have a constitutional right to attend public elementary and secondary school for free, although there are other conflicted lower court rulings and many issues that the Plyler decision did not address, according to the guide.

Nevertheless, “The law of the land still requires that schools provide an education for undocumented students,” said NSBA’s General Counsel Francisco M. Negrón, Jr.

Numerous states have debated the fates of undocumented students in recent years, and the issue has reemerged with the Obama administration’s recent announcement that they will defer the deportations of thousands of young adults who came to the United States as children.

Read a legal analysis of the decision in Legal Clips.

 

 

 

 

 

 

 

Lawrence Hardy|August 22nd, 2012|Categories: Board governance, Council of School Attorneys, Diversity, Immigrants, School Law|Tags: , , , , , , , , |
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