McAndrews Law Offices : Legal Updates
McAndrews Law Offices, P.C.

Legal Updates

Services for Exceptional Children in Private Schools

On September 26, 2007, the Pennsylvania Supreme Court issued a long-awaited decision in Lower Merion School District v. Doe. In this case, the Lower Merion School District alleged that children in private schools who receive Section 504/Chapter 15 Service Plans are not eligible to receive special education services through “dual enrollment” from the District, but that such services are limited to students with IEPs in the public schools under IDEA. The District also unsuccessfully attempted to persuade the Pennsylvania Supreme Court that a prior Commonwealth Court decision which established a broad right to “dual enrollment” had been superceded by new regulations of the Pennsylvania Department of Education (PDE) which were adopted in 2001. Veschi v. Northwestern Lehigh School District, 772 A.2d 469 (Pa. Cmwlth. 2001).

The Supreme Court found, in broad language, for the student in this matter and did not disturb Veschi. The Court held that Section 504 is a remedial statute and is entitled to a broad, pro-student interpretation. The Court indicated that the dual enrollment obligation of a school district to children in public schools is broader than mere access to existing programs at school district facilities:

“If (as the District argues) the Section 504 services are merely a “means of access” one must ask “access of what?” Is it access to an appropriate education or merely access to the education as provided in the District’s schools. We find the answer must be broader than merely specific classes offered by the District—this purposely remedial legislation must involve access to the “appropriate education” which the District has an obligation to provide. The obligation can be seen as twofold—providing the education, and providing the means of accessing it. No-where do these legislative acts or implementing regulations set forth that the education be at the district school in order for the obligation of facilitating access to an appropriate education to attach.”

The language of the decision strongly suggests that the dual enrollment entitlement of private school students with disabilities to special education services is relatively broad, and that “appropriate education” through dual enrollment could potentially involve services outside of the school district buildings (though not necessarily at the private school) and beyond existing classes of the district. Moreover, the decision states that Section 504 requires school districts to provide “special education”, and not merely “access” or accommodations, a fact which is significant since school districts have frequently claimed the contrary for the past 30 years.

 What's New
  • McAndrews Law Offices recently won two important victories on behalf of children with disabilities in federal court. In two separate cases, the federal court in Philadelphia overturned decisions of the Pennsylvania Appeals Panel and found in favor of children with disabilities and their families.Read More →
  • McAndrews Law Offices Have Speakers Available for your organization. We provide dozens of seminars and presentations each year to relevant organizations in the field of Special Education, Estate Planning, Special Needs Trusts. Our attorneys regularly speak at national, state, and local organizations such as parent groups, Bar Associations, community organizations, advocacy groups, and similar organizations. These presentations are provided at no cost, are educational in nature, and no marketing of our services is presented. If you would like to schedule a speaker for your organization, please contact Sarah Locher at 610-648-9300, and we will be happy to arrange a presentation for you.Read More →
  • Services for Exceptional Children in Private Schools On September 26, 2007, the Pennsylvania Supreme Court issued a long-awaited decision in Lower Merion School District v. Doe. Read More →
  • Federal Court in Pennsylvania Awards Compensatory Education in a Monetary Fund The United States District Court for the Eastern District of Pennsylvania recently found that a school district’s failure to provide an appropriate educational program required an award of compensatory education, and held that the award of compensatory education must be placed in a fund with a specified monetary amount for the child. Read More →