1. The Supreme Court Speaks: Fry v. Napoleon Community Schools (S. Ct
Eric g. rodriguez

2. Decided Feb. 22, 2017 Legal framework:
* IDEA = provide a FAPE if you want federal funds
* Title II of ADA = don’t discriminate against anyone because of disability if you’re a public entity
* Section 504 = don’t discriminate because of a student’s disability if you get federal funding
Facts:
* Child has a severe form of Cerebral Palsy.
* Wonder is her goldendoodle.
* Wonder received 2 years of specific training to work with Child.
Decided Feb. 22, 2017
Justice Elena Kagan delivered the opinion
Unanimous decision

3. Wonder
Credit: McClatchey DC Bureau (Oct. 31, 2016)

4. No Wonder in Schools
The parents sought permission to permit Wonder in school (in a kindergarten class).
School officials said no.
Child’s IEP provided for a human aide (one-on-one support).
Wonder was superfluous.
Parents withdrew child and began homeschooling her; then came back; then left again.

5. Lawsuit
Claims included violations of title II of the ADA and section 504
Allegations: denying equal access to school, refusing to reasonably accommodate for use of a service animal, discriminating against person with disabilities
Harm suffered: emotional distress and pain, embarrassment, and mental anguish
Relief requested: declaration of violations of Title II and Section 504, and money damages
They sued the school district and the school principal.

6. Lawsuit The District Court dismissed the case.
Parents needed to exhaust under the IDEA (file DPH).
The Court of Appeals for the Sixth Circuit agreed.
Harms suffered by student were educational in nature.
“Wonder’s absence hurt her sense of independence and social confidence at school.”

7. SCOTUS Disagrees
To exhaust under IDEA, a suit must seek relief for denial of a FAPE (that’s it).
To understand what a suit “seeks,” court should look to the substance, or “gravamen,” of plaintiff’s complaint.

8. What does this mean? Focus is on gravamen of plaintiff’s complaint.
Hypothetical questions:
Could plaintiff have brought essentially the same claim if the alleged conduct occurred at a public facility that was not a school?
Could an adult – employee or visitor – have brought the same grievance?

9. Examples
Child who is confined to a wheel chair sues school district, because there are no access ramps.
= DPH is not required, because it is not a FAPE claim.
Student with a learning disability sues school for failing to provide remedial tutoring in math (failing to make a reasonable accommodation).
= This is probably a FAPE claim; DPH is necessary.

10. Tips
Identify parent’s specific problem – this takes leadership, inquiry, follow-through, and documentation.
Identify parent’s specific remedy.
Review your policies.
Consult with other members of your team.
Consult with your school lawyer.
Determine how to address the problem and what process to present to the parent.
Document resolution/offer.

11. Thank you!
The information in this handout was created by Walsh Gallegos Treviño Russo and Kyle, P.C. It is intended to be used for general information only and is not to be considered specific legal advice. If specific legal advice is sought, consult an attorney.