Court rules that a school district may compel a medical examination of a student


Wednesday, July 05, 2006
No Parental Consent

The Fifth Circuit held that a school district may compel a medical examination of a student, necessary for IDEA-mandated reevaluation purposes, even when the parent refuses to give consent. The decision in Shelby S v. Conroe Independent School District can be found here.

Other interesting issues/topics involved such as

"The Fifth Circuit reversed the district court, holding that
“there is no exception to the rule that a school district has a
right to test a student itself in order to evaluate or reevaluate
the student’s eligibility under the IDEA.” Id. at 179 (emphasis
added). The court explained:..."

Parent withholding info in private evaluations from the school district, privacy rights, etc.

"The purpose of the IDEA is “to
ensure that all children with disabilities have available to
them a free appropriate public education that emphasizes
special education and related services designed to meet their
unique needs and prepare them for employment and
independent living.” 20 U.S.C. § 1400(d)(1)(A)...."

"Plaintiffs’ claims under the Americans with
Disabilities Act, the Rehabilitation Act, and the Texas Human
Resources Code, as well as the counterpart claim for
discrimination and retaliation under the IDEA, are
DISMISSED without prejudice as unripe because Plaintiffs
have not exhausted their administrative remedies on these

And much more.