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Only because a school district may have met their requirements under the Individual with Disabilities Education Act (IDEA), it does not automatically mean they have met their requirements under Title II of the Americans with Disabilities Act (ADA). KM v. Tustin USD, 61 IDELR 182 (9th Cir 2013).

In this matter, a student with a hearing loss requested computer assisted real-time (CART) services. The IEP team convened to consider this request and the District denied it and offered other accommodations. The family filed due process and an administrative law judge agreed that the District's offer provided student a Free Appropriate Public Education (FAPE) under the IDEA. However, when the student brought additional claims under Title II of the ADA, the 9th Circuit determined that even though the District complied with the IDEA, it is obligated to consider the request using effective communications regulations under Title II. Therefore, school districts in the 9th Circuit need to use caution when addressing the needs of a student with communication impairments and consider a student's request under both IDEA and ADA.

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Navigating the road of special education law can be difficult and confusing, if you have any questions about your child's special education placement or services, Contact us by email or call us at 714-602-1498 or 866-781-7723 (toll free) for more information.

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Augustin Egelsee L.L.P.
8141 East Kaiser Boulevard
Suite 315
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Phone: 714-602-1498
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