Legal Update for Special Education Law – Case Law Update

Federal District Court Orders School District to Immediately Place Disabled Student in Residential Facility
S.M. by & through Michael C. v. Chichester Sch. Dist., No. CV 21-4266, 2024 WL 4438472, (E.D. Pa. Oct. 7, 2024)

S.M. is a 17-year-old boy whose autism and intellectual disabilities make it impossible for him to learn in a regular classroom. S.M.’s parents cannot provide for his needs by themselves, and when S.M. has lived at home, he has been hospitalized multiple times because of concerns for his safety and the safety of his family.

In August of 2020, S.M. obtained an IEP that included a component for residential education placement. In September 2021, S.M.’s parents sued the district, alleging the district had violated the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act by failing to provide S.M. a free appropriate public education. In February 2022, S.M.’s parents moved for a preliminary injunction, requiring the district to secure a residential educational placement for S.M. Although the district had proposed various placements for S.M., none were agreed upon by the parties. In opposing the suit, the district argued that S.M. did not need a residential educational placement to receive a free appropriate public education and, further, that S.M.’s behaviors had improved over time.

The court disagreed and found that, because S.M. required a placement with the capability to produce educational progress for S.M., this was necessary for the district’s substantive obligations under the IDEA. “S.M. needs uniformity and consistency across school and residential settings to make appropriate educational progress.” As a result, the district was ordered to take immediate steps to fund and secure S.M.’s admission to such a facility. 

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