P.F., a minor, by A.F. v. Carolyn S. Taylor

Summary

Under Wisconsin's open-enrollment program, nonresident school districts may deny transfer applications from disabled students if they lack the capacity or services required by the student's IEP. The Seventh Circuit held that such differential treatment does not violate Title II of the ADA or Section 504 of the Rehabilitation Act because decisions are based on the student's actual special needs rather than stereotypes, and the requested accommodation would fundamentally alter the program. The court affirmed summary judgment for defendants, emphasizing that federal law permits programs to consider actual disability-related attributes when determining eligibility.

Holdings

1. The program does not violate federal law. It bases decisions on the actual attributes of the disability rather than stereotypes, and the plaintiffs are not qualified individuals because they do not meet the essential eligibility requirement of available capacity. Additionally, the requested modification would fundamentally alter the program, which is not required by federal law.

Questions Presented

1. Whether Wisconsin's open-enrollment program violates the ADA and Rehabilitation Act by allowing nonresident school districts to deny transfer applications based on a disabled student's special needs.

Disposition

affirmed