S. H. v. Lower Merion Sch. Dist.

In first grade (2000-2001 school year), S.H., who is African-American, was placed in Title I classes with her mother’s consent. S.H. received Title I services through fifth grade, but continued to struggle. In fifth grade she was diagnosed with a learning disability. An Individualized Education Program team considered S.H.’s personal sentiment that she did not want to be in special education and obtained her mother’s approval for services. In 2009, at her mother’s request, S.H. was evaluated by an independent psychologist, who concluded that S.H.’s learning disabled designation was, and always had been, erroneous. S.H. was removed from special education and, as of 2012 had been accepted at several colleges. She and her mother sued under the Individuals with Disabilities Education Act, the Rehabilitation Act, and the Americans with Disabilities Act, claiming that the district misdiagnosed S.H. for several years, and was liable for compensatory education and compensatory damages. The district court rejected the claims. The Third Circuit affirmed, reasoning that the plaintiffs presented no evidence that would create a genuine dispute as to whether the district knew, prior to the 2009 evaluation, that S.H. had likely been misidentified as learning disabled and that The DIA only permits a child with a disability to bring a claim; S.H. is not disabled. View "S. H. v. Lower Merion Sch. Dist." on Justia Law