School Choice Program and In-class Supports

A.H. was a twelve-year-old girl with average intelligence and ADHD who had an IEP that called for her to receive the support of a special education teacher for all academic subjects in her general sixth grade classroom.  Although accepted through a lottery to attend a neighboring district’s “choice program,” her acceptance was revoked when the choice district learned that she had an IEP calling for in-class support.  When the choice district refused to voluntarily reinstate her, Giles filed an action in federal court to stop the district from excluding A.H. from its program solely because of her disability.  After a hearing, the district agreed to immediately admit A.H. and implement her IEP.