May 8, 2003 - Head Lice and the Individuals with Disabilities Education Act

A disabled student receiving special education was not entitled to compensatory education when she was excluded from school for 19 days for head lice, the Commonwealth Court of Pennsylvania decided April 4. Although the Individuals with Disabilities Education Act (IDEA) requires that compensatory education be provided if a student receiving special education is suspended or expelled from school for more than 10 days, that applies only when the student is out of school for disciplinary reasons, the court said. Lizzy S. was sent home not as a disciplinary measure but in conformance with the school district's "no lice/no nits" policy; and she was therefore not entitled to compensatory education during or after the exclusion, the court held. The ruling applies only in Pennsylvania but may be cited as precedent by other state courts.The case was Souderton Area School District v. Elisabeth S., in the Commonwealth Court of Pennsylvania, No. 2379 C.D. 2002.