JACOB BRADLEY aka Jack Bradley; DANIEL BRADLEY; JUDITH BRADLEY v. JEFFERSON COUNTY PUBLIC SCHOOLS; KENTUCKY DEPARTMENT OF EDUCATION; MOREHEAD STATE UNIVERSITY - Articles

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JACOB BRADLEY aka Jack Bradley; DANIEL BRADLEY; JUDITH BRADLEY v. JEFFERSON COUNTY PUBLIC SCHOOLS; KENTUCKY DEPARTMENT OF EDUCATION; MOREHEAD STATE UNIVERSITY

Posted by: Julia Wilburn on Dec 27, 2023

Head Comment: WHITE filed a separate dissenting opinion

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ON BRIEF: Marianne S. Chevalier, CHEVALIER & KRUER PSC, Ft. Mitchell, Kentucky; Sonja D. Kerr, CONNELL MICHAEL KERR LLP, Austin, Texas, for Appellants.

Attorneys 2: ON BRIEF: Dana L. Collins, JEFFERSON COUNTY PUBLIC SCHOOLS, Louisville, Kentucky; Byron E. Leet, Thomas E. Travis, WYATT, TARRANT & COMBS LLP, Louisville, Kentucky, for Appellee Jefferson County Public Schools.

Attorneys 3: ON BRIEF: Ashley Lant, KENTUCKY DEPARTMENT OF EDUCATION, Frankfort, Kentucky, for Appellee Kentucky Department of Education.

Attorneys 4: ON BRIEF: Joshua M. Salsburey, S. Patrick Riley, STURGILL, TURNER, BARKER & MOLONEY PLLC, Lexington, Kentucky; Jessica R. Stigall, MOREHEAD STATE UNIVERSITY, Morehead, Kentucky, for Appellee Morehead State University.

Attorneys 5: ON BRIEF: Amy E. Halbrook, CHASE COLLEGE OF LAW, Highland Heights, Kentucky, for Amici Curiae.

Judge(s): SUTTON, Chief Judge; WHITE and BUSH, Circuit Judges

Court Appealed: United States District Court for the Western District of Kentucky at Louisville

SUTTON, Chief Judge. As a cooperative federalism program, the Individuals with Disabilities Education Act offers federal funds to participating states in return for providing a “free appropriate public education” to students with disabilities in preschool, elementary school and secondary school. A high school student and his parents contend that the Act’s guarantees extend to students enrolled full-time at Kentucky’s Craft Academy for Excellence in Science and Mathematics. Located on the campus of Morehead State University, Craft provides an education in a residential environment with undergraduates and offers classes eligible for high school and college credit. The district court concluded that the Act does not apply to Craft because the dual-credit classes amounted to a postsecondary rather than secondary school education. We affirm.

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