Articles Posted in US Court of Appeals for the Fourth Circuit

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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

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The Free Speech Clause does not protect speech expressed in an admissions interview from admissions consequences in a competitive process. After he was denied admission in the Radiation Therapy Program (RTP) at the Community College of Baltimore County (CCBC), plaintiff filed suit alleging that points were deducted from his application score and that he was denied admission because of the expression of his religious beliefs during his interview in violation of the Free Speech Clause, the Establishment Clause, and the Equal Protection Clause. The Fourth Circuit affirmed the dismissal of plaintiff's claim under the Free Speech Clause where plaintiff's speech was not protected. After applying the Lemon v. Kurtzman, 403 U.S. 602 (1971), test to plaintiff's Establishment Clause claim, the court affirmed the grant of summary judgment in favor of defendants because CCBC had a secular purpose in identifying the best qualified candidates; none of CCBC's actions inhibited religion; and there was no excessive government entanglement. View "Buxton v. Kurtinitis" on Justia Law