Background
In 2024, the St. James Parish School Board disenrolled a disabled child, D.H., from Cypress Grove Montessori Academy after determining he did not reside in the parish. The mother, Shirah Herbert, had filed an enrollment application stating the child lived in St. James Parish, but later admitted she resided in a different parish. The School Board investigated and found that the child’s legal residence was determined by the mother’s address in St. John the Baptist Parish. An administrative law judge subsequently dismissed the mother’s request for a due process hearing, ruling the School Board lacked jurisdiction. The mother then sued in federal court alleging violations of the Individuals with Disabilities Education Act, the Rehabilitation Act, and the Americans with Disabilities Act.
The court’s reasoning
The court reviewed the dismissal de novo and held that the complaint failed to state a plausible claim for disability discrimination. Under the IDEA and Louisiana law, a local educational agency is only responsible for providing a free appropriate public education to students who reside within its boundaries. The mother conceded she did not maintain a legal residence in St. James Parish. Consequently, the School Board was not obligated to provide services or an individualized education program. The court also affirmed that the district court correctly reviewed the administrative law judge’s decision de novo and properly denied the stay-put order and compensatory education because the administrative proceeding was voided when the judge found a lack of jurisdiction.
For the following reasons, we AFFIRM the district court’s judgment in full.
What it means going forward
The ruling reinforces that school districts are not liable for providing special education services to students who do not reside within their jurisdiction, even if the student was initially enrolled based on false residency information.