Legal Opinion

Buckley v. State Correctional Institution-Pine Grove

District Court, M.D. Pennsylvania

Decided April 13, 2015No. 1:13-cv-2022Published

1Opinion of the Court

MEMORANDUM

JOHN E. JONES III, District Judge.

This matter involves an apparently novel legal question arising at the intersection of a student’s right to a free appropriate public education under the Individuals with Disabilities Education Act (“IDEA”) and a correctional institution’s legitimate interest in security and prison management. Specifically, we are tasked to interpret the strictures of 20 U.S.C. § 1414(d)(7)(B), which allows certain incarcerated students’ Individualized Education Programs to be modified where the state proves a bona fide security interest that cannot otherwise be…

2Cases cited24 opinions

  1. Bell v. WolfishSupreme Court of the United States · 1979
  2. Brown v. Board of EducationSupreme Court of the United States · 1954
  3. Board of Education of the Hendrick Hudson Central School District v. Rowley Ex Rel. RowleySupreme Court of the United States · 1982
  4. Honig v. DoeSupreme Court of the United States · 1988
  5. Schaffer Ex Rel. Schaffer v. WeastSupreme Court of the United States · 2005

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