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Foley v. Special School District of St. Louis County

153 F.3d 863 (1998)

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Foley v. Special School District of St. Louis County

United States Court of Appeals for the Eighth Circuit
153 F.3d 863 (1998)

CS

Facts

Clare Foley was developmentally disabled and therefore entitled to special-education services under the Individuals with Disabilities Education Act (IDEA). Clare’s parents, the Foleys (plaintiffs) unilaterally chose to enroll Clare at a private parochial school but requested special-education services for Clare from the Special School District of St. Louis County (the district) (defendant). The district evaluated Clare and determined that she should receive occupational therapy, physical therapy, and language services weekly. The Foleys demanded that the district provide those services in Clare’s private-school classroom, but the district refused, instead offering a dual-enrollment option under which Clare would receive her special-education services at a nearby public school. The Foleys filed an administrative appeal seeking to have the special-education services provided at the private school. The administrative review held for the district, and the Foleys brought their claim to federal district court. The district court held that the IDEA did not require the district to provide special-education services at the private school, and the Foleys appealed.

Rule of Law

Issue

Holding and Reasoning (Loken, J.)

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