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IDEA Archives

Avila v. Spokane School District 81, a 9th Circuit Court of Appeals Decision Issued in March 2017 is helping to Preserve Student Rights in California.

The Ninth Circuit Court of Appeals recently issued a ruling in Avila v. Spokane School District 81 (9th Cir. 2017) 852 F.3d 936 (Avila), which held that the two-year statute of limitations for filing a due process complaint pursuant to the Individuals with Disabilities Education Act (IDEA) begins when a parent "knew or should have known," a claim against a local educational agency (LEA) existed. In other words, if a parent has reason to believe their child is not receiving appropriate evaluations, placement, specialized academic instruction, or related services he/she has a right to receive under the IDEA, they have two years from that date of discovery to file a complaint to seek enforcement of their rights.

IDEA v. ADA

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).

Qualifying for Special Education: The Meaning of "Adversely Affects"

Millions of children qualify for special education services each year based upon specific disabilities. Severe language disabilities may prevent a child from speaking in class and participating in activities. Muscle weaknesses may hinder writing abilities, which affect the Student's writing assignments and homework. However, in some cases, the negative impact of your child's disability may not be as obvious.

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