Sunday, September 18, 2016

Students with a “disability for the purposes of IDEA” cannot establish a prima facie of unlawful discrimination based on the student being disabled for the purposes of ADA and §504


Students with a “disability for the purposes of IDEA” cannot establish a prima facie of unlawful discrimination based on the student being disabled for the purposes of ADA and §504
B.C., et al. v. Mount Vernon School District, et al, USCA 2nd Circuit, No. 143603cv

In addressing a question of “first impression”, the United State Circuit Court of Appeals, Second Circuit, held that as the definition of “disability” for the purposes of the Americans with Disabilities Act, 42 U.S.C. §12102(1), [ADA] claims and claims under the Rehabilitation Act, 29 U.S.C. §705(20), [§504] differ from the definition of “disability” for the purposes of claims advanced pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §1401(3)(A) [IDEA].*

Accordingly, said the court, an individual with a “disability” under the IDEA does not categorically qualify as an individual with a disability under the ADA and §504 and data relating to “child[ren] with a disability” under the IDEA cannot establish a prima facie case with respect to a claim predicated on the plaintiff having a disability under the ADA and §504.

The court explained that “To establish a prima facie case of discrimination under either the ADAor §504, a plaintiff must show the following: (1) plaintiff is a “qualified individual with a disability;” (2) plaintiff was “excluded from participation in a public entity’s services, programs or activities or was otherwise discriminated against by [the] public entity;” and (3) “such exclusion or discrimination was due to [plaintiff’s] disability.”

Further, said  the Circuit Court, “[t]he ADAasks whether an impairment ‘substantially limits’ a major life activity,  while the IDEA trains on whether an impairment necessitates ‘special education and related services.’ Thus, a child might ‘need special education and related services’ by reason of an impairment, id., even if that impairment does not ‘substantially limit … [a] major life activit[y].’” Citing Ellenberg v. N.M. Military Inst., 572 F.3d 815, 821 (10th Cir. 2009), the court said “one may … qualify as ‘disabled’ under the IDEA for purposes of that statute without demonstrating a ‘substantially limit[ing]’ impairment.”

* The ADA and Section 504 define the term “disability” differently than the IDEA does. The ADA defines “disability” as a “physical or mental impairment that substantially limits one or more major life activities.” 42 U.S.C. §12102(1)(A). Section 504 expressly incorporates, with certain qualifications not applicable here, the ADA’s definition. 29 U.S.C. §705(20)(B). By contrast, under the IDEA, a “child with a disability” has one or more of an enumerated list of impairments requiring “special education or related services."




Handbooks focusing on State and Municipal Public Personnel Law continue to be available for purchase via the links provided below:

The Discipline Book at http://thedisciplinebook.blogspot.com/

Challenging Adverse Personnel Decisions at http://nypplarchives.blogspot.com

The Disability Benefits E-book: at http://section207.blogspot.com/

Layoff, Preferred Lists at http://nylayoff.blogspot.com/

Caution:

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.

THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.

Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material in this blog is presented with the understanding that the publisher is not providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader should seek such advice from a competent professional.

Items published in NYPPL may not be used for commercial purposes without prior written permission to copy and distribute such material. Send your request via e-mail to publications@nycap.rr.com

Copyright© 1987 - 2017 by the Public Employment Law Press.



___________________



N.B. From time to time a political ad or endorsement may appear in the sidebar of this Blog. NYPPL does not have any control over such posting.

_____________________

.