Jenn-Ching Luo v. Owen J. Roberts School District, et al.
SocialSecurity Securities Immigration
Can the Third Circuit disobey the Supreme Court's holding to rule that age 21 is a condition to end stay-put protection?
QUESTION PRESENTED This petition is regarding the stay-put provision, e.g., 20 U.S.C. §1415G), of the Individuals with Disabilities Education Act (“IDEA”). In Honig v. Doe, 484 U.S. 305, 306 (1988), the Supreme Court held: The "stay-put" provision prohibits state or local school authorities from unilaterally : excluding disabled children from the classroom for dangerous or disruptive conduct growing out of their disabilities during the pendency of review proceedings. Section 1415(e)(3) [recodified in §1415G@)] is unequivocal in its mandate that "the child shall remain in the then current educational placement" (emphasis added), and demonstrates a congressional intent to strip schools of the unilateral authority they had traditionally employed to exclude disabled students, particularly emotionally disturbed students, from school. Petitioner respectfully presents the following question: . Can the Third Circuit disobey the Supreme Court's holding to rule that age 21 is a condition to end stay-put protection? (ii)