Southeast ADA Center
2017
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E.F. was denied use of her service dog at her elementary school. Her family sued under the ADA and Section 504 of the Rehabilitation Act, arguing that denial of the service dog was discrimination on the basis of the disability.
The District Court and Sixth Circuit Court of Appeals both dismissed the claim, saying that the Individuals with Disabilities Education Act (IDEA) required the exhaustion of administrative remedies for education based claims. However, here the Supreme Court held that, when a claim is not really about education, the plaintiff does not need to meet the IDEA’s exhaustion requirement. They went on to discuss ways to determine when a claim is, or is not, about education.
https://adasoutheast.org/court-decisions/fry-v-napoleon-community-schools
Keywords: Americans with Disabilities Act, Individuals with Disabilities Education Act, Rehabilitation Act, Section 504, education, exhaustion requirement, service animal, service animals