According to an Associated Press report in the Longview Daily News, the U.S. Department of Justice recently settled a suit with Lesley University in Washington over accommodating students with food allergies.
Continue reading...According to a report on timesonline.com, the Big Beaver Falls Area School District is the target of a proposed class action suit by the parents of a special needs student, who claims the district failed to identify and evaluate him for disabilities.
Continue reading...The Palo Alto Daily News reports that after brief deliberations, a San Mateo County civil jury returned a verdict rejecting Manuel Delgado’s claim that the Sequoia Union High School District refused to provide him with accommodations for his diabetes and anxiety disorder.
Continue reading...On November 28, 2012, NSBA, along with three other education organizations, filed an amici curiae brief in Long v. Murray County School District, now before the Eleventh Circuit, to assist the appellate court in its review of the decision by the U.S. District Court for the Northern District of Georgia, as to whether it “correctly concluded, relying on Davis v. Monroe Cnty. Bd. of Educ., that [the parents of a special education student] had not presented evidence of ‘deliberate indifference’ required to establish a peer-on-peer harassment claim” under Section 504 or the ADA.
Continue reading...The Pittsburgh Post-Gazette reports that a suit has been filed on behalf a student, identified as T.F., alleging that the Fox Chapel Area School District violated the federal Rehabilitation Act, resulting in “disability-based harassment”, by failing to adequately address T.F.’s severe allergy to tree nuts, and subjected him to ridicule by seating him alone in the cafeteria.
Continue reading...The Palo Alto Daily News reports that after rejecting a negotiated settlement, the trial of Manuel Delgado’s suit of disability discrimination against Sequoia Union High School District is coming to a close.
Continue reading...A three-judge panel of the U.S. Court of Appeals for the Third Circuit has ruled that portions of a family’s claim for compensatory education under the IDEA and Section 504 were time barred by IDEA’s two-year statute of limitations. In examining the scope of the limitations period, an issue of first impression for any federal appellate court, the panel concluded that neither of the IDEA’s two statutory exceptions to the limitations period, nor the common law equitable tolling doctrines, was applicable to the parents’ claim.
Continue reading...The Associated Press reports in The Washington Post that the U.S. Department of Justice has filed a federal lawsuit against government officials in the city of Meridian and Lauderdale County, Mississippi, accusing officials of operating a “school-to-prison pipeline” that locks up students for infractions like flatulence or wearing the wrong color socks, a policy that mainly affects black and disabled students.
Continue reading...A three-judge panel of the U.S. Court of Appeals for the Tenth Circuit affirmed the district court’s grant of summary judgment in favor of Albuquerque Public Schools, dismissing a teacher’s discrimination claim brought under the New Mexico Human Rights Act. The panel held that the definition of “disability” under the ADA Amendments of 2008 was not applicable retroactively to the teacher’s state-law claim, rejecting the teacher’s assertion that because the state court would have applied those standards retroactively, the federal district court should have done so too.
Continue reading...A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit affirmed a Wisconsin federal district court’s decision to deny a school district’s motion for judgment as a matter of law, letting stand a jury verdict in favor of a teacher with seasonal affective disorder who claimed the school district failed to accommodate her disability in violation of the Americans with Disabilities Act.
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