High School did not Discriminate by Refusing Continued Enrollment After Student with a Disability Moved out of the District

 
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In H.P. v. Naperville Community Unit School District, 118 LRP 5475 (N.D. Ill. Feb. 8, 2018) a student with disabilities moved out of the district to live with her father after her mother died.

When the district denied the student's request to waive its residency requirement on the grounds that attending the new school caused her anxiety and stress, the student filed a complaint arguing that the district discriminated against her on the basis of disability in violation of Section 504 of the Americans with Disabilities Act and Title II of the Rehabilitation Act. 

Finding in favor of the school district, the court found that the student "cannot attend NCHS because she does not reside in District 203, not because she has or may be a person with a disability, and the fact that she resides outside the District has nothing to do with her alleged disability."  

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Special Ed & School LawScott Robson