Culley v. Cumberland Valley School District

At age six, J.C. was diagnosed with Crohn’s disease, which affects the digestive tract and can cause abdominal pain, diarrhea, fatigue, weight loss, and malnutrition. J.C.’s school performance was generally strong through sixth grade; he did not have significant behavioral difficulties. From seventh grade onward, J.C. maintained grades just above a failing mark and had numerous disciplinary incidents. By tenth grade, J.C. was absent more than 30% of the time. In 2013, Cumberland accommodated his needs to sometimes sit out physical education classes and to leave class to use the bathroom. In 2014, following a serious disciplinary incident, Cumberland adopted a Rehabilitation Act, 29 U.S.C. 701, Section 504 Service Plan for J.C., providing for extra time to complete assignments and for class notes in case of frequent absences. After J.C.’s doctor stated that he should receive homebound instruction, Cumberland tried to implement that accommodation but J.C. was rarely present at home and was not cooperative. The district expelled J.C.; its psychologist’s evaluation concluded that J.C. did not have a “qualifying disability” under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1400. J.C.’s independent educational evaluation reached the opposite conclusion, identifying specific learning disabilities. J.C. moved to another school district. The district court reversed the Hearing Officer. The Third Circuit affirmed. J.C. was eligible under the IDEA, Cumberland had violated its duty to identify students with disabilities, and Cumberland violated Section 504 by failing to evaluate J.C.earlier. In seeing Crohn’s as something requiring only a Section 504 accommodation, not IDEA special education, Cumberland treated the disease as something discrete and isolated rather than the defining condition of J.C.’s life. View "Culley v. Cumberland Valley School District" on Justia Law