On Tuesday, September 24th, we presented oral arguments in our appeal before honorable Judges Fisher, Amaro and Hardiman.

Bessie Dewar, a former member of the Law Center’s staff and now an associate at Ropes & Gray and pro bono counsel on this case, presented the oral arguments on behalf of the Law Center.

Ms. Dewar argued that the record in this case contains disputed evidence that deserves to be presented before a jury. She also argued that A.G. suffered discrimination under the “regarded as” definition of discrimination in that A.G. was treated differently and suffered harm because of that treatment.

The panel questioned the Lower Merion School District about its practice of classifying a student such as A.G. as having an “other health impairment” and therefore placing that student in special education classes without obtaining any sort of full diagnosis from a medical doctor.

We now await a decision from the Third Circuit.

To read more about this case, as well as our other cases against the Lower Merion School District’s practice of segregating African American students by placing them into special education classes, click here.