Richardson Indep. Sch. Dist. v. Michael Z.

On November 24, 2008, COPAA filed an amicus curiae brief with the Fifth Circuit Court of Appeals in Richardson Indep. Sch. Dist. v. Michael Z., arguing that district court appropriately ordered reimbursement for a residential placement for a student. In the RISD case, the parents had prevailed at the administrative and district court levels on their request for reimbursement. The Richardson School District appealed to the Fifth Circuit.

COPAA argued that Congress recognized a broad array of disabilities and required a “continuum of alternative placements,” recognizing that some children would require residential placements. The regulations provide that residential placement is reimbursable where it is “necessary” to provide special education services to a disabled child.

Where a child suffers from severe social, emotional, and behavioral issues, those issues are often central problems interfering with the child’s educational progress. In the ordinary course, schools address these kinds of disabilities through the provision of psychological, social work, and counseling services, among other related services, in addition to special education services. However, when a child’s educational needs are deemed to be “inextricably intertwined” with or not “separable” from the child’s medical, social, emotional, or behavioral disabilities, reimbursement for the residential placement to address all of the child’s needs is appropriate under the IDEA.

A team of volunteer lawyers from McDermott, Will & Emery wrote COPAA's brief on a pro bono basis. They included Ankur J. Goel, Tamu K. Floyd, Justin M. Holmes, and Elizabeth P. Philpott. COPAA is deeply grateful for their outstanding work and dedication. The MWE lawyers were assisted by volunteers on COPAA's hard-working amicus committee.

COPAA's Brief is available here