Doe v. Todd County School District
NJDC joined South Dakota Advocacy Services and the Took Crowell Institute for At-Risk Youth to file an amicus brief for a writ of certiorari which argued that the Eighth Circuit’s decision below allowed school districts to unilaterally exclude students with disabilities from school without due process, in violation of established Supreme Court precedent and the Individuals with Disabilities Education Improvement Act of 2004 (IDEA).
The Eighth Circuit ruled that a removal from the child’s then-current special education placement for disciplinary purposes was not a 38-day suspension, but rather a “change of placement.” Amici provided the Court a detailed analysis of how the decision contradicted precedent established in Goss v. Lopez, 419 U.S. 565 (1975) and Honig v. Doe, 484 U.S. 305 (1988), and contained numerous errors and misapplications of law in violation of constitutionally guaranteed due process rights and IDEA’s discipline procedures.
Unfortunately, the United States Supreme Court denied certiorari in October 2011.
Amicus Brief for Certiorari Filed: June 17, 2011 (download .pdf)
Certiorari Denied: October 3, 2011
Amicus Brief Discusses: IDEA; School Discipline; Special Education