Question Presented:
In the State ofLouisiana, a family received state authorization to home scholl a special needs child… The City Juvenile Court said not so fast…the child must be enrolled in a local school that caters to special needs children…Who’s Right?
Not enough information. Just a guess from what you gave but here it goes. Lets say a state agency gives the go ahead. A local judge may be able to over rule that. Not because he is local, because he is a judge. Different type of authority. The appeal would then go up the chain to a higher judge, county or state. The higher court can over rule the lower court.
Ummmmm . . . neither?
It sounds like the student has an IEP and if so, the child would fall under Federal Law (currently IDEA). If the judge is considering an NPS (non-public school) then that means the child’s educational needs cannot be met at the local public school - and by extension the judge is probably saying their needs can’t be met at home. Sounds like this will eventually end up as a “best interest of the child” ruling.