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November 26, 2019

 Failure To Follow Guidance Letter Does Not Necessarily Create Liability 

Author: Omer A. Khan, Attorney at Law


On November 18, 2019, the U.S. District Court in the Eastern District of California granted a Local Educational Agency’s (LEA) summary judgment motion because the teenage plaintiff could not establish that the school violated Title II of the Americans with Disabilities Act (“ADA”) and Section 504 of the Rehabilitation Act. The court granted the motion based on its holding that guidance issued by administrative agencies does not hold the weight of regulations as contemplated by Section 504 and the ADA. 

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This GIRARD, EDWARDS, STEVENS & TUCKER LLP Special Education Legal Alert is a complimentary newsletter providing general information about events of current legal importance. The Special Education Legal Alerts do not constitute specific legal advice nor do they establish an attorney-client relationship. As the information contained here is necessarily general, its application to a particular set of facts and circumstances may vary. GIRARD, EDWARDS, STEVENS & TUCKER LLP does not recommend that you act on this information without consulting legal counsel.

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