In D.L. v. Baltimore City Board of School Commissioners, (4th Cir., Jan. 16, 2013), the U.S. 4th Circuit Court of Appeals held that Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) does not require the Baltimore city school board to provide educational services to students enrolled in private religious schools. Here the parents of a student in a Jewish school sought special services for their 8th grader who suffered from ADHD and anxiety. The court also concluded that requiring a student to enroll in public school in order to access Section 504 services does not unconstitutionally infringe free exercise rights or parents' right to choose a private religious school for their child. It said:
The right to a religious education does not extend to a right to demand that public schools accommodate Appellants’ educational preferences.... The school board need not serve up its publicly funded services like a buffet from which Appellants can pick and choose.