M.L. v. Smith

M.L. was born in 2003 with Down Syndrome and is a “child with a disability” under the Individuals with Disabilities Education Act (IDEA) 20 U.S.C. 1401(3)(A). He and his family are members of the Orthodox Jewish faith and reside in an Orthodox Jewish community in Montgomery County, Maryland. In 2009, M.L. was enrolled, at his parents’ expense, in Sulam, “a special education program that serves the Orthodox Jewish community.” In 2012, his parents and school officials met to form an individualized education program (IEP) for M.L. so that he could attend classes in the public school district. After expert assessments of M.L.’s capabilities, the school determined that M.L. “is able to learn despite his severe intellectual disability, but he needs constant repetition and consistency.” M.L.’s parents rejected the school's proposed IEP “because it does not provide functional instruction to prepare [M.L.] for life in the Orthodox Jewish community.” The district responded that such instruction was “not part of the curriculum, too specific, religious, or not compatible with [M.L.’s] present levels.” The Fourth Circuit affirmed the rejection of the parents’ claims on summary judgment. The IDEA does not mandate that a school instruct a student in his preferred religious practices as part of a “free appropriate public education.” View "M.L. v. Smith" on Justia Law