The Supreme Court Takes Up an IDEA Case

The Supreme Court announced that it has granted certification in Board of Education of the Township of Sparta v. M.N. That is the first grant of review since October 24. The question presented, as phrased by the Supreme Court Clerk’s office, is “If the State issues a high school diploma to a student who is covered by the Individuals with Disabilities Education Act (IDEA) for passing the General Education Development exam pursuant to N.J.A.C. 6A:8-5.2(c), does that diploma qualify as a ‘regular high school diploma’ under 34 C.F.R. § 300.102(a)(3) such that the student is no longer entitled to a free appropriate public education under IDEA?” The final decision of the Commissioner of Education ruled that this was a regular high school diploma. A three-judge panel of the Appellate Division affirmed in an unpublished opinion, which will now be reviewed by the Supreme Court.