Appeal Case Update (May 2016 School Leader Update)
Here is a recent appeal decision from the State Board of Education. In this appeal, the State Board overturned the decision of the local school board denying the open enrollment application of a student who was suffering from a serious medical condition on the basis that the district had not had the opportunity to meet the student’s medical needs.
However, the evidence at the hearing showed that the parents had made several attempts to work with the district regarding the student’s medical condition, requested a 504 plan, and were working through this process when the district failed to follow through with the 504 process. Thus, the State Board found that the district was given an opportunity to meet the student’s needs and failed to do so.
This case is a good reminder that districts need to work with students to try to meet their medical needs and must also follow through with statutory processes such as reviewing a student for need of a 504 plan.
In re Open Enrollment of B.P., 27 D.o.E. App. Dec. 717 (2016).