Education/Rights – Supreme Court Unanimously Rules in Favor of Student in Disability Discrimination Case

The U.S. Supreme Court issued a unanimous decision in the case of Ehlena Fry, a student with cerebral palsy, who sought to use a service dog in school for tasks such as “retrieving dropped items, helping her balance when she uses her walker, opening and closing doors, turning on and off lights, and helping her take off her coat, [and] helping her transfer to and from the toilet.” The school refused to allow the service dog, arguing that a human aide was sufficient. Her parents sued the school district for violating her rights under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. A federal district court had dismissed the case on the basis that the parents must exhaust the administrative procedures under the Individuals with Disabilities Education Act (IDEA) before seeking relief under the ADA and Section 504 and the Sixth Circuit Court of Appeals agreed. The Supreme Court, in an 8-0 decision in Fry v. Napoleon Community Schools, ruled that a student does not need to exhaust the IDEA’s administrative process if the claim is not is not related to the adequacy of his/her education. Read The Arc’s statement on the ruling here.

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