South Dakota Advocacy Services, The Gault Center et al. Amicus Brief, Doe v. Todd County School District

This amicus brief by South Dakota Advocacy Services, The Gault Center, and others argues the 8th Circuit’s interpretation of IDEA’s procedural safeguards are unconstutional under the 14th Amendment Due Process Clause and violate the plain language of the statute. The brief also outlines procedural protections from school exclusion for students with disabilities.

As stated in their brief: “The Eighth Circuit Court of Appeals’ decision adversely affects the interests of the children that Amici serve by allowing school districts to unilaterally exclude students with disabilities from school without Due Process of the law in violation of established Supreme Court precedent and the IDEA. . . The decision will have wide-spread and harmful consequences to children with disabilities facing long-term suspension for alleged violations of a school district’s code of student conduct.”