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April 2018 Archives

Fry v. Napoleon Community Schools - United States Supreme Court (2017)

FRY ET VIR, AS NEXT FRIENDS OF MINOR E. F. v. NAPOLEON COMMUNITY SCHOOLS ET AL., United States Supreme Court

SPECIAL EDUCATION ELIGIBILITY - EMOTIONAL DISTURBANCE

Under the 2006 IDEA Part B regulations, 34 CFR 300.8 (c)(4)(i), Emotional Disturbance is specifically defined as "a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child's educational performance:

WHAT IS THE DIFFERENCE BETWEEN SERVICE ANIMALS & EMOTIONAL SUPPORT ANIMALS?

Under Title II of the Americans With Disabilities Act (ADA), a Service Animal is defined as, "any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability" (28 CFR 35.104.). However, within Title II, Emotional Support Animals are specifically excluded from the definition of Service Animal as follows: "The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition."

IS A SCHOOL DISTRICT REQUIRED TO INFORM PARENTS OF SPECIFIC TESTS BEING USED WHEN EVALUATING OR REEVALUATING THEIR CHILD?

A common question that parents ask is whether a school district must provide them prior notice of the specific tests that will be administered to their child. IDEA regulations under 34 CFR 300.503, require that school districts must provide written notice to parents that include in part:

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