Pennsylvania School Boards Association, Inc. v. Mumin
The Pennsylvania School Boards Association and three Pennsylvania school districts seek to prohibit the Pennsylvania Department of Education from enforcing a provision of the federal Individuals with Disabilities Education Act that requires the Commonwealth to provide a free appropriate public education (“FAPE”) to disabled children until their 22nd birthday.
Juvenile Law Center joined two disabled students and their families, along with the Council of Parent Attorneys and Advocates and the Education Law Center, in filing an amicus brief in the Commonwealth Court of Pennsylvania in support of Respondents. The brief argued that federal and Pennsylvania law require school districts to provide a FAPE to students with disabilities until they turn 22. The brief further argued that balance of equities requires denial of Petitioners’ requested relief, as there is nothing inequitable in requiring Petitioners to follow the law, while disabled students and their families will suffer great harm if they are denied the FAPEs to which they are entitled.