Articles Posted in U.S. 4th Circuit Court of Appeals

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Defendant, a juvenile, appealed from the judgment of the district court which imposed, as a condition of his juvenile delinquent supervision, that he register under the Sex Offender Registration and Notification Act (SORNA), 42 U.S.C. 16901 et seq. The court held that the district court did not err by imposing the sex offender registration condition because the court concluded that Congress, in enacting SORNA, intentionally carved out a class of juveniles from the Federal Juvenile Delinquency Act's, 18 U.S.C. 5031 et seq., confidentiality provisions, and that SORNA's registration requirements were not punitive as applied to defendant. View "United States v. Under Seal" on Justia Law

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Appellees, the parents of a child with moderate-to-severe autism, filed due process proceedings against the Sumter County School District #17 ("District") seeking a determination that the District did not provide a free and appropriate public education ("FAPE") to the child as required by the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. 1412(a)(1)(A). At issue was whether the district court erred by concluding that the District failed to provide the child with a FAPE and that the program established by the child's parents to educate him at home was appropriate. The court held that that the district court did not err in concluding that the District failed to provide the child with FAPE for the 2005-2006 school year where the district court considered the evidence of the child's small improvements in a few tested areas against the District's conceded failure to provide the hours of therapy required for the child, the evidence that the lead teacher and aides did not understand or use proper techniques, and the evidence that it took one teacher months of working with the child to correct the problems caused by the improper techniques. The court also held that the district court did not err by finding that the District was not capable of providing FAPE to the child where the District's evidence was not compelling enough to establish it's improved capabilities at the time of the due process hearing. The court also held that the evidence was sufficient to support the district court's findings that the home placement was reasonably calculated to enable the child to receive educational benefits.