United States Second Circuit

Private high school academy's fifth grade competence requirement for mainstream academic high school classes does not violate the Individuals with Disabilities Education Act because the school is not directly subject to the statute's standards. Student's claim under Section 504 of the Rehabilitation Act also fails because the statute does not requires a private school to lower its educational competence standards.

Appellate Information

• Decided 02/16/2001
• Published 02/16/2001

Judges

• JACOBS, Circuit Judge:, Before McLAUGHLIN, JACOBS, and STRAUB, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• David D. Wilson, Dorset, VT, for Amicus Curiae Vermont Independent Schools Association.


• For Appellees:
  
• Charles N. Hurt, Jr., Downs, Rachlin & Martin, St. Johnsbury, VT, for Plaintiff-Counterclaim-defendant-Appellant., Eileen M. Blackwood, Blackwood Associates, P.C., Burlington, VT (Stacey F. Joroff, Vermont Legal Aid, Inc., St. Johnsbury, VT, on the brief), for Defendant-Counterclaimant-Cross-Claimant-Appellee D.H., Edward R. Zuccaro, Zuccaro, Willis & Bent, St. Johnsbury, VT, for Defendant-Cross-Defendant-Appellee St. Johnsbury School District., Geoffrey A. Yudien, Special Assistant Attorney General, State of Vermont Department of Education (William H. Sorrell, Attorney General, Montpelier, VT, on the brief), for Defendant-Appellee State of Vermont, Department of Education.