Law & Courts

Court Backs Department in Question Over Authority in Special-Ed. Case

By Julie A. Miller — September 18, 1991 2 min read
  • Save to favorites
  • Print

A Georgia school district challenging the Education Department’s authority to investigate certain special-education complaints as civil-rights violations cannot press its case in court until the agency has taken action on such a complaint, a federal appellate court has ruled.

The DeKalb County system in suburban Atlanta has waged a legal battle with the department’s office for civil rights since 1986, and the district’s federal funding was briefly cut off in April because it had refused to allow the O.C.R. to investigate eight pending complaints concerning the educational placement of handicapped children. The funding was restored after the district agreed to turn over information the office had requested, and the complaints are under investigation. (See Education Week, May 8, 1991.)

In its Aug. 30 ruling, the U.S. Court of Appeals for the 11th Circuit affirmed a district-court decision that the agency was justified in terminating funding because all grant recipients are required to cooperate with such investigations.

But the appellate court refused to rule on the central legal issue raised by the case: the proper relationship between the Education of the Handicapped Act, which entitles disabled children to a “free, appropriate” education, and Section 504 of the Rehabilitation Act of 1973, a civil-rights law that bans discrimination against the disabled in federally funded programs.

Residential Placements

The school district argues that Education Department regulations under Section 504 overreach the statute, that the E.H.A. preempted the earlier law, and that the E.H.A.'s appeal process for parents is the only vehicle through which the educational placement of disabled children can be properly challenged. In particular, the district contends that the civil-rights office overstepped its hounds in requiring residential placement for disabled children under Section 504.

The 11th Circuit said it could not judge whether that requirement was a “reasonable accommodation” under a relevant U.S. Supreme Court ruling without the factual record that would be provided if the O.C.R. were to find a violation and order the district to correct it.

The court also declined to address the broader issue of the relationship between the two laws “in the absence of a fully developed record and application of O.C.R.'S procedures to actual cases of alleged discrimination.”

The judges rejected the school district’s assertion that the 1984 Supreme Court decision in Smith v. Robinson, which held that parental appeal is limited to the E.H.A. process, proves their case, noting that the Smith ruling did not address limitations on governmental action.

A version of this article appeared in the September 18, 1991 edition of Education Week as Court Backs Department in Question Over Authority in Special-Ed. Case

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Artificial Intelligence Webinar
Managing AI in Schools: Practical Strategies for Districts
How should districts govern AI in schools? Learn practical strategies for policies, safety, transparency, and responsible adoption.
Content provided by Lightspeed Systems
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Student Absenteeism Webinar
Removing Transportation and Attendance Barriers for Homeless Youth
Join us to see how districts around the country are supporting vulnerable students, including those covered under the McKinney–Vento Act.
Content provided by HopSkipDrive
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Reading & Literacy Webinar
Two Jobs, One Classroom: Strengthening Decoding While Teaching Grade-Level Text
Discover practical, research-informed practices that drive real reading growth without sacrificing grade-level learning.
Content provided by EPS Learning

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Supreme Court Strikes Trump Tariffs in Case Brought by Educational Toy Companies
Two educational toy companies were among the leading challengers to the president's tariff policies
3 min read
Members of the Supreme Court sit for a new group portrait following the addition of Associate Justice Ketanji Brown Jackson, at the Supreme Court building in Washington, Oct. 7, 2022. Bottom row, from left, Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice of the United States John Roberts, Associate Justice Samuel Alito, and Associate Justice Elena Kagan. Top row, from left, Associate Justice Amy Coney Barrett, Associate Justice Neil Gorsuch, Associate Justice Brett Kavanaugh, and Associate Justice Ketanji Brown Jackson.
Members of the U.S. Supreme Court sit for a new group portrait following the addition of Justice Ketanji Brown Jackson, at the court building in Washington, Oct. 7, 2022. On Feb. 20, 2026, the court ruled 6-3 to strike down President Donald Trump's broad tariff policies, ruling that they were not authorized by the federal statute that he cited for them.
J. Scott Applewhite/AP
Law & Courts Mark Zuckerberg Quizzed on Kids' Instagram Use in Landmark Social Media Trial
The Meta chief testified in a court case examining whether the company's platforms are addictive and harmful.
5 min read
Meta CEO Mark Zuckerberg arrives for a landmark trial over whether social media platforms deliberately addict and harm children, Wednesday, Feb. 18, 2026, in Los Angeles.
Meta CEO Mark Zuckerberg arrives at a federal courthouse in Los Angeles on Feb. 18, 2026. Zuckerberg was questioned about the features of his company's platform, Instagram, and about his previous congressional testimony.
Ryan Sun/AP
Law & Courts California Sues Ed. Dept. in Clash Over Gender Disclosures to Parents
California challenges U.S. Department of Education findings on state policies over gender disclosure.
4 min read
California Attorney General Rob Bonta speaks to reporters as Arizona Attorney General Kris Mayes, left, and Oregon Attorney General Dan Rayfield, right, listen outside the Supreme Court on Wednesday, Nov. 5, 2025, in Washington. (AP Photo/Mark Schiefelbein)
California Attorney General Rob Bonta speaks to reporters outside the U.S. Supreme Court in Washington on Nov. 5, 2025, with Arizona Attorney General Kris Mayes and Oregon Attorney General Dan Rayfield behind him. Bonta this week sued the U.S. Department of Education, asking a court to block the agency's finding that the state is violating FERPA by <ins data-user-label="Matt Stone" data-time="02/13/2026 4:22:45 PM" data-user-id="00000185-c5a3-d6ff-a38d-d7a32f6d0001" data-target-id="">not requiring schools to disclose</ins> students’ gender transitions <ins data-user-label="Matt Stone" data-time="02/13/2026 4:22:45 PM" data-user-id="00000185-c5a3-d6ff-a38d-d7a32f6d0001" data-target-id="">to</ins> parents.
Mark Schiefelbein/AP
Law & Courts Oklahoma Board Rejects Jewish Charter as Supreme Court Fight Looms
Oklahoma's charter school board rejected the Jewish school as members said their hands were tied.
4 min read
Ben Gamla Charter Schools founder and former U.S. Rep. Peter Deutsch, right, speaks with Brett Farley, executive director of the Catholic Conference of Oklahoma, left, before a Jan. 12 meeting of the Statewide Charter School Board in Oklahoma City. Both are founding board members of an Oklahoma Jewish Charter School.
Ben Gamla Charter Schools founder and former U.S. Rep. Peter Deutsch, right, speaks with Brett Farley, executive director of the Catholic Conference of Oklahoma, before a Jan. 12, 2026, meeting of the Statewide Charter School Board in Oklahoma City. The board rejected the proposed Jewish charter school on Feb. 9, 2026.
Nuria Martinez-Keel/Oklahoma Voice