NSBA Urges Federal Courts to Correctly Apply Individuals with Disabilities Education Act

Wednesday, February 5, 2014

These amicus briefs—one filed in the U. S. Supreme Court in two California cases, the other in the U.S. Court of Appeals for the Sixth Circuit dealing with a Kentucky case—ask the courts to reconsider rulings that misinterpret the main federal special education law, the Individuals with Disabilities Education Act (IDEA).

In the Supreme Court brief, which addresses two consolidated cases, Tustin Unified School District v. K.M. and Poway Unified School District v. D.H., NSBA and the California School Boards Association encourage the U.S. Supreme Court to hear these cases, contending that the U.S. Court of Appeals for the Ninth Circuit misapplied the Americans with Disabilities Act (ADA), rather than correctly applying IDEA, to a case involving a California student with a hearing impairment.

In its ruling, the Ninth Circuit deferred to an interpretation of the ADA urged by the U.S. Department of Justice, which argued that school districts have additional obligations under the ADA’s “effective communication” regulation, even when they have put in place Individualized Education Programs (IEP) that meet the IDEA’s requirement to provide a free appropriate public education (FAPE).

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