The Law Center has signed onto an amicus brief in the Third Circuit in Y.C.Q. v. Chichester School District. The brief, authored by the Council of Parent Attorneys and Advocates (COPAA), is in defense of an important procedural right under the Individuals with Disabilities Education Act (IDEA), and in support of a high school student with disabilities.
The plaintiff, Y.C.Q., is a high school student with a disability in the child welfare system who is being denied special education and related services. She is represented by the Education Law Center.
Because Y.C.Q. can only perform basic academic tasks at the early elementary level, her court-appointed Education Decision Maker (EDM) filed a due process complaint challenging the school district’s failure to identify her as eligible for special education. After a six-day hearing, a hearing officer found that the district denied Y.C.Q. a Free Appropriate Public Education (FAPE) and ordered the creation of an Individualized Education Program (IEP) with specialized instruction, related services, and compensatory education.
The district refused to comply with the hearing officer’s decision, instead appealing the case to federal district court. In district court, Y.C.Q. and her EDM sought immediate relief under the IDEA, arguing that the hearing officer’s decision triggered Y.C.Q.’s procedural right to “stay-put”, also known as pendency. Stay-put is a legal right that allows a student with a disability to remain in their current educational placement when a dispute arises between parents and the school for the duration of the appellate process. The district court denied that request, leaving Y.C.Q. without special education services as the case moves forward. Now, before the Third Circuit, Y.C.Q. and her EDM argue that the hearing officer’s decision is an agreement between the state and the parent for purposes of pendency and that it should function as Y.C.Q.’s pendent placement for the duration of judicial review.
The Public Interest Law Center signed onto an amicus brief in support of Y.C.Q. The brief explains how the IDEA’s text and statutory purpose make clear that Y.C.Q. is entitled to stay-put in the hearing officer’s placement for the duration of appellate review. It also describes how the district court’s erroneous decision is particularly harmful to children in the foster care system, who are especially vulnerable and more likely to face educational hardships.
The Law Center has a long-standing commitment to advocating for and litigating on behalf of children with disabilities and their parents. This case will not only have a significant impact on Y.C.Q, but it has the potential to affect countless students with disabilities, especially those from families who cannot afford to fund private school options while they wait for the ultimate outcome of the appellate process.
