In A.B. v. Abington Sch. Dist., 78 IDELR 1 (3d Cir. 2021), the Third Circuit Court of Appeals recently upheld the trial court’s decision that the school district did not violate the Individuals with Disabilities Education Act (IDEA) when it did not evaluate a parentally placed private school student with autism.

The student’s parent made vague inquires to the school district about available special education services, however, she did not specifically request services for the student. The court determined that the parent's general inquiries failed to put the school district on notice that she was requesting an offer of a Free and Appropriate Public Education (FAPE).

The court also noted that a district has no obligation to provide FAPE to a parentally placed private school student, opining that “[The parent] must either manifest an intent to enroll the child or request an evaluation" and "[The parent's] general inquiry about programs did not trigger the [district's] IDEA obligations."

It should be noted that the school district’s detailed records of all communications with the parent aided in its defense.

Should you have any questions about this decision, or any other issue impacting schools, please do not hesitate to contact me or any of the attorneys in the Appel, Yost & Zee Education Law Group.