A legal victory for our kids!

[ADHD_DAD]

On Tuesday March 21, 2023, the Supreme Court of the United States (SCOTUS) ruled that a disabled child (deaf) could seek monetary damages under the Americans with Disabilities Act (ADA) from his public school which denied him needed accommodations. This is significant because in this case, the child's family had settled with the school district under the Individuals with Disability Education Act (IDEA), with which all who have children with IEDs are well familiar. The IDEA does not include the ability to collect monetary damages from the school district who denies the services, and in the case before SCOTUS, the settlement with the district provided only that the school district would, going forward, provide the boy with the services that he required (which is what they should have done all along). What SCOTUS decided here was that the boy could also seek compensation (money) from the school district for the damage done by their failure to provide the provide the needed accommodations to the boy up to that point. Why this is important is that now school districts face not only the specter of a suit requiring them to provide services they are supposed to provide (but often refuse to provide, as we parents all know), but also can be forced to pay monetary damages to a child for failing to provide the services in the past.

It is my sincere hope that his ruling will encourage public schools to do what our children want and need, which is simply to be provided the services to which they are entitled to provide them with the same opportunity to enjoy the success of their hard work as children without their disability. All they want is a level paying field and this decision is another step toward making the school provide it.

If you are interested in reading the decision, the link to the SCOTUS case is attached supremecourt.gov/opinions/2...

[ADHD_DAD]

Should say "IEP" not IED. Sorry for the typo.

[Shamasamdrew]

Wow! What a victory! Our districts should do what is right simply because it is the law, but often don’t as we all know. Heck, at our meetings, sometimes I think I’m the only one in the room who actually knows what the law states. Thank you for sharing this.

[ADHD_DAD in reply to Shamasamdrew]

Agree. They would act like my son was the only student at the school who ever had ADHD. What was consistently successful for me was finding a way to make doing the WRONG thing more difficult and expensive for the school than just doing the RIGHT thing. The specter of being responsible for past damage done by denying accommodations should add to the tools available to accomplish that.