In searching for a blog entry to do this week and striking out with my Lexis alert, I thought it might be interesting to see how Fry v. Napoleon Community Schools, discussed here, was playing out in the lower courts. When I did that, I came across the case of K.G. v. Bluff-Luton Community School
Title II
Did You Know that an Exhaustion Requirement for Title II and §504 Exists? Me Neither…
By William Goren on
I bet you didn’t know that in some circumstances title II and §504 may contain an exhaustion requirement. The reason I’m guessing you didn’t know is that until I saw this case, Sierra v. School Board of Broward County, 2017 U.S. Dist. LEXIS 62498 (S.D. Fla. April 20, 2017), it hadn’t occurred to me…
ADA Compliance as a Delegable Duty: Did I really Say That?
By William Goren on
It isn’t one of my most popular blog entries, but in my opinion, it is one of my most important. I am referring to the blog entry talking about the ADA as a nondelegable duty, which can be found here216215. On April 24, 2017, the U.S. Court of Appeals for the Ninth Circuit came…
This is Outrageous! April Fools:-)
By William Goren on
I
This is just outrageous!* People shouldn’t say these things, such as:**
- “I’m not going to change anything with respect to IEP’s. After all, appropriate progress means anything you want it to mean.”
- “Since I don’t want your money, I can do what I want.”
- “A cool website is more important than an accessible website.
…
Fry Decided
By William Goren on
Last week the United States Supreme Court came down with the decision in Fry v. Napoleon Community Schools, the oral argument of which I discussed here. A whole bunch of people have blogged on the case, but I thought I would share my thoughts here. The blog entry is divided into three categories: …
Survival of ADA Claims Redux
By William Goren on
Two years ago, I discussed in this blog entry the issue of whether ADA claims survive. In that case, the court looked to local law to decide whether the ADA claim survived. Today’s case, Guenther v. Griffin C Inc., goes one further by holding that it isn’t local law that decides whether claims for…
Endrew Oral Argument and Regulatory Developments
By William Goren on
I just reviewed the transcript of the oral argument before the U.S. Supreme Court in Endrew v. Douglas County School District, which involves figuring out just how far a school district needs to go in order to provide a free appropriate public education (FAPE), under IDEA. Here is what we know from that oral…
2017 Legislation of Interest in Congress
By William Goren on
Happy new year everyone!
Since it is the first blog of 2017, I thought I would start with another first. That is, to the best of my knowledge, we have never discussed pending legislation in the U.S. Congress before. There are a couple of interesting bills that are worth discussing and so here goes.…
Understanding The ADA 2016 Top 10 Blog Entries +2
By William Goren on
Posted in ADA, Constitutional law, Federal Cases, Final Federal Regulations, Guidances, Title I, Title II, Title III, Title V
It is time for the top 10 of 2016. For the most part, the greatest hits stayed the same during the course of the whole year. I believe I updated the greatest hits at the end of the first quarter of this year and then did not do so after that. There were only two…
A Donald Trump Administration and the Rights of Persons with Disabilities
Before moving on to the post of the week, you will notice that the blog has a new look and feel. I upgraded the blog so that it is better able to be used on mobile devices and more importantly the upgrade increases its ability to be accessible. Besides the look, you will see that…