8th Circuit finds that student with adhd, bipolar disorder and conduct disorder is eligible under IDEA

Hansen v. Republic R-III Sch. Dist. (8th Cir., Jan. 21, 2011): This is one of the latest in the rather familiar category of cases addressing whether a child who engages in unacceptable conduct should be classified and provided with special education services. Here, the hearing officer said no, the district court said yes and the 8th Circuit Court of Appeals agreed with the District Court. For more details, see this article on the NSBA blog.

ALJ misapplied governing standard in determining whether student suffering from Ehlers-Danlos syndrome was eligible for special education services.

In Marshall Joint School District No. 2 v. C.D., the 7th Circuit Court of Appeals concluded that the Administrative Law Judge (“ALJ”) and the federal district court applied the incorrect standard in determining whether a student suffering from Ehlers-Danlos syndrome (“EDS”) was entitled to special education services under the IDEA. The 7th Circuit held that the student suffering from EDS was not entitled to special education services because his medical condition did not adversely affect his educational performance.

The ALJ concluded that the EDS adversely affects the student’s educational performance because it causes him to experience pain and fatigue and that when he does “experience[] pain and/or fatigue at school, it can affect his educational performance.” Marshall Joint Sch. Dist. No. 2 v. C.D., at * 10 (7th Cir. Aug. 2, 2010). This is a misapplication of the governing standard because “it is not whether something, when considered in the abstract, can adversely affect a student’s educational performance, but whether in reality it does” Id., citing to 34 C.F.R. § 300.8(C)(9)(ii) and A.J. v. Bd. of Educ., 679 F. Supp. 2d 299, 310 (E.D.N.Y. 2010). For the student to qualify in this case, his health condition must adversely affect his educational performance and as a result he must need special education. 20 U.S.C. § 1401(3)(A)(ii).

The Court reasoned that while there is evidence that EDS can affect the student’s educational performance, there is no substantial evidence to support the ALJ’s finding that it has an adverse affect. Because the student’s EDS did not adversely affect his educational performance, the panel concluded that both the ALJ and the federal district court had misapplied the standard in determining whether the student’s EDS rendered him eligible for services and reversed the decision.

504 eligibility case regarding ameliorative effects of medication

CENTENNIAL SCHOOL DISTRICT v. L. (E.D.Pa. 3-26-2010): The hearing officer determined that a child with ADHD was eligible for services under §504. The District Court remanded to the hearing officer to consider “the mitigating effect of Matthew's ADHD medication.” This decision appears to be blatantly wrong. In support of its decision, the Court cites to Sutton v. United Air Lines, Inc., 527 U.S. 471, 475, 482 (1999), superseded by statute, ADA Amendments Act of 2008, Pub.L. No. 110-325, 122 Stat. 3553 (2008) and Toyota Motor Mfg., Ky., Inc. v. Williams, 534 U.S. 184, 198 (2002). The erroneous reasoning in these cases was expressly addressed by Congress in recent amendments to the ADA (ADA Amendments Act of 2008, Pub.L. No. 110-325, 122 Stat. 3553 (2008)). The Court ignored the amendments, the most pertinent of which states that “the determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures such as medication.”

10th Circuit rules that eligibility under IDEA does not necessarily make a student eligible under 504

Ellenberg v. New Mexico Military Institute, 2009 WL 1977486 (10th Cir. 2009): According to the 10th Circuit Court of Appeals, eligibility for special education and having an individualized education program under the IDEA demonstrates a child's disability, but not necessarily that the disability “substantially limits” the major life activity of learning. Therefore, IDEA eligibility does not necessarily yield 504 eligibility.

"Adversely affects" educational performance

Marshall Joint School Dist. No. 2 v. C.D. ex rel. Brian D., --- F.Supp.2d ----, 2009 WL 59065(W.D.Wis. Jan 08, 2009): In order to be eligible for services under the IDEA, a child must have a qualifying disability that adversely affects educational performance and by reason thereof, has a need for special education. In this case, the Court found “adverse effect to be any negative impact, however slight, reasoning that the term appears in the regulations without a qualifier such as significant or marked.” The Court also found that the MDT(CSE) should have evaluated the child’s needs without the child having the benefit of modifications or accommodations reasoning that to do otherwise would disqualify most students from eligibility.