Court Rules for School on Non-Attending Student; Good News or Cautionary Tale

Volume 31, No. 1 

The Fourth Circuit Court of Appeals in a case out of Virginia has recently ruled in favor of a public school in a dispute over whether the school should have identified a child much sooner for special education based on her nonattendance at school. In this case, T.B. and J.R. v Prince George’s County Board of Education, the Court agreed with earlier tribunals that the school district should have referred the child sooner for special education, but that the delay in referral did not educationally harm the child. This was good news for the school, but in other ways presents a cautionary tale for schools to act quickly with non-attending students. …To continue reading, visit

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