(Credit: Halfpoint/Shutterstock.com) 11th Circuit Instructs District Court to Consider 'Access to the Benefits' of In-Person Learning In COVID-19 Accommodation Case
"The district court erred by misconstruing the Students' argument as a right to education generally, despite the record clearly establishing that the Students are alleging a denial of access to in-person education—a specific 'service, program, or activity' that CCSD provides to all students," Circuit Judge Charles R. Wilson wrote. On remand, the district court must analyze under the "correct scope: access to the benefits provided by in-person schooling," the opinion said.
December 19, 2022 at 06:07 PM
5 minute read
Four Georgia students with respiratory disabilities who sued their Atlanta metropolitan school district for allegedly refusing to accommodate their in-person schooling during the COVID-19 pandemic had their claims kept alive by the U.S. Court of Appeals for the Eleventh Circuit last week.
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