JD v. Pawlet School District

JD (plaintiff) was an academically gifted high school student in the Pawlet School District (district) (defendant). Until JD’s tenth-grade year, JD performed well above his peers in school and even took high school classes while in the seventh grade. Before JD entered the tenth grade, his parents requested that the district evaluate him for special education out of concern that JD’s current school placement was not meeting his academic and emotional needs. The district created an evaluation and planning team (EPT) to determine JD’s eligibility for special education. The EPT reviewed academic records, teacher comments, and an independent psychological report from JD’s psychologist. The report stated that JD experienced boredom, alienation, and hopelessness because of a lack of intellectual stimulation in school, leading to apathy and aggression. The EPT determined that JD had an emotional-behavioral disability but found that the disability did not adversely affect JD’s educational performance as required for special education under the Individuals with Disabilities Education Act (IDEA). The EPT then had JD evaluated by another team under § 504 of the Rehabilitation Act. Before the § 504 evaluation began, JD’s family enrolled JD in a specialized, out-of-state boarding school and requested funding from the district to cover tuition. The § 504 team determined that due to his disability, JD qualified for accommodations and approved placements in specialized programs at one of two district schools or the out-of-state boarding school. The EPT rejected the out-of-state boarding-school option and refused to pay the requested tuition but additionally offered counseling as a further accommodation. JD filed suit in federal district court, arguing that the district denied him a free appropriate public education under the IDEA and the Rehabilitation Act. The district court granted summary judgment for the school district, and JD appealed to the Second Circuit.