A.W. v.

The Jersey City Public School (2003)

Legal Brief #1 No. 02-2056

Citation:
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Education Law Center: Cases. Retrieved April 9, 2016, from http://www.edlawcenter.org/cases/morecases.html

FindLaw's United States Third Circuit case and opinions. (n.d.). Retrieved April 9, 2016, from
http://caselaw.findlaw.com/us-3rd-circuit/1410955.html

Facts:
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A nineteen year-old high school student with dyslexia alleged the failure of the Jersey City Public
Schools to diagnose dyslexia, provide specialized instruction to dyslexic students, and train its staff to
handle dyslexia (4) under the Individuals with Disabilities Act (IDEA).
In a June 1998 report, the New Jersey Department of Education found that the Jersey City Public
Schools failed to demonstrate that its reading programs could be adapted to meet the individual needs of
classified pupils (4).
The New Jersey Board of Education receives federal funding under IDEA (4).
A State shall not be immune under the eleventh amendment to the Constitution of the United States
from suit in Federal court for a violation of [IDEA] (17).

Issues:
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Overall, was Section 504 of the Individuals with Disabilities Act (IDEA) violated due to the denial of a
free appropriate public education for a student with disabilities?

Ruling:
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A.W. has not alleged an actionable violation of his rights under the IDEA or Section 504
The case was dismissed.

Rationale:
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In Koslow v. Commonwealth of Pennsylvania, the court expressly held that a state's waiver of
immunity as to Rehabilitation Act claims is limited to the department or agency actually receiving
federal funds.
The State Defendants further argue that the IDEA, particularly section 1403, fails to provide states with
sufficient notice of prohibited conduct.
It was determined that the provisions set forth by IDEAs Section 504 requiring disabled children to right
to a free appropriate public education are insufficiently clear.

Conclusion:
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As a public school administrator, I must follow the requirements set forth by the Individuals with
Disabilities Act (IDEA).
About of our students across the district are eligible for protection under the Individuals with
Disabilities Act.
Even though this case was dismissed, as public school employees receiving federal funding, we must
ensure we are properly identifying and qualifying students with disabilities.