# Herbert v. St. James Parish School Board

Page: https://stenobird.com/podcast/swear-on-the-stand-7111404/herbert-v-st-james-parish-school-board
Text version: https://stenobird.com/podcast/swear-on-the-stand-7111404/herbert-v-st-james-parish-school-board.md
Podcast: [Swear on the Stand](https://stenobird.com/podcast/swear-on-the-stand-7111404)
Published: 2026-06-08T12:00:00+00:00
Episode link: https://podcasters.spotify.com/pod/show/danielswear/episodes/Herbert-v--St--James-Parish-School-Board-e3kbk3u
Audio file: https://anchor.fm/s/fddb5314/podcast/play/121015870/https%3A%2F%2Fd3ctxlq1ktw2nl.cloudfront.net%2Fstaging%2F2026-5-4%2F8c12b2f5-b776-c6ec-4b92-a1cc986b4be5.m4a
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JSON: https://stenobird.com/v1/public/podcasts/swear-on-the-stand-7111404/episodes/herbert-v-st-james-parish-school-board
Duration seconds: 3154

## Resource

This episode details a Fifth Circuit decision affirming the dismissal of a lawsuit involving the St. James Parish School Board . The case arose after a student was disenrolled from a school when officials discovered the family did not live within the parish’s geographical boundaries. The student's mother alleged that this action violated the Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA) . However, the court determined that residency is a fundamental eligibility requirement for receiving educational services from a local school board. Consequently, the court found that the school district was not responsible for providing a Free Appropriate Public Education (FAPE) to a non-resident student. Ultimately, the judges upheld the lower court's ruling, denying requests for stay-put orders and compensatory education .

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## Transcript

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