Shelby S. Ex.Rel. Kathleen T.

Shelby S. ex.rel. Kathleen T. v. Conroe Indep. School District., 454 F.3d 450 (5th Cir

A right to a public education, along with the services needed to benefit from that education, is fundamentally important to every American, but particularly to persons with severe disabilities for whom education is often a lifeline into society. This right begins in infancy and, in certain circumstances, may extend into adulthood. For example, Shelby is a student who is eligible to receive special education under the IDEA Act since she suffers from a rare, autonomic nervous disorder called Dysautonomia. This affliction makes her prone to sudden medical crises that may result in unconsciousness, cyanosis, cardiac arrest, and even death. Kathleen is Shelby's grandmother, guardian and primary caregiver, and is the one most familiar with Shelby's condition. Shelby was initially homeschooled, but began to mainstream into a classroom during the 2002-03-year. Kathleen attended school with Shelby, often calling her to the back of the room, commenting on other student's desks, an disrupting class. Kathleen was barred from attending class, and therefore kept Shelby out of school. To get Shelby back into the classroom, the Conroe District required additional evaluation for her IEP, permission Kathleen refused, claiming it would potentially harm Shelby.

Procedural History -- In February 2003, Conroe requested that the Texas Education Agency hold a hearing, based on the IDEA act, so that it could proceed with the evolution of Shelby in the absence of consent. Conroe believed Shelby could be mainstreamed into the classroom without Nancy in attendance; Nancy claimed Shelby was in no shape medically to handle the stress. In June 2003, the Texas Hearing Officer found that Conroe was justified in requesting an evaluation sans parental support. Nancy, through Shelby, filed a complaint challenging the Haring officer's decision. Conroe filed a motion to dismiss and asked for a summary judgement to evaluate Shelby. The District Court determined that Conroe was entitled to a summary judgement, and affirmed the Hearing officer's decision. Shelby filed a notice of appeal and asked the 5th District Court to rule.

Discussion -- This case focuses on the question of circumstances that surround a school district's ability to compel and medical examination of a student, when that student's parent or guardian refuses it. To receive proper aid under IDEA, an evaluation must meet minimum Federal requirements. The IDEA act, in fact, states that a reevaluation is necessary when the school district needs materials that are essential to assessing a child's special education needs. Because the hearing officer and IDEA program recommended a non-invasive evaluation, the Court concluded that it was in the best interests of all parties that that evaluation occur. Shelby is free, however, to decline special education rather than submit to an examination. Conroe is not asking for the test, the test is required by the Federal government. Instead, the district is telling the Court that they are required to have certain procedures done or the student may not be matriculated into the district or eligible for Federal monies.