By William J. Zee and Aimee Kline

June 1, 2021

In the recent case of D.A. v. Penn Hills Public School District, 121 LRP 17722 (W.D. Pa 05/13/21), the U.S. Western District of Pennsylvania Court ruled that although the school district had no obligation to provide FAPE for a parentally placed parochial student with medical needs, the district violated Section 504 and the Americans with Disabilities Act by not providing the student with door-to-door transportation.

The school district provided transportation services to non-disabled children who attended the student's parochial school. Given its knowledge that the student's medical conditions prevented him from riding the regular bus, the court determined that the district should have considered his need for door-to-door transportation instead of denying the parents' request without proper consideration.

The Court rejected the school district's claim that its refusal to provide door-to-door transportation stemmed from the student’s private school enrollment as opposed to his disability. The Court opined that "[The student] is treated differently than his non-disabled peers enrolled in [the Catholic school] -- they can all ride the district's bus to school, while [the student] is left out because of his various [disabilities]."

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