K. M. v. Tustin Unified Sch. Dist.

In these consolidated appeals, plaintiffs principally claimed that their school districts have an obligation under the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq., to provide them with a word-for-word transcription service so that they can fully understand the teacher and fellow students without undue strain and consequent stress. The court held that courts evaluating claims under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1400, and Title II must analyze each claim separately under the relevant statutory and regulatory framework. In these cases, the district courts legally erred in granting summary judgment by holding that plaintiff's Title II claim was foreclosed as a matter of law by the failure of her IDEA claim. Accordingly, the court reversed the grants of summary judgment on the ADA claims in both cases and on the Unruh Act, Cal. Civ. Code 51, 52, claim in K.M. v. Tustin, remanding for further proceedings in both cases. View "K. M. v. Tustin Unified Sch. Dist." on Justia Law