United States Second Circuit

In a student's suit alleging claims under the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, the Individuals with Disabilities Education Act (IDEA), and 42 U.S.C. section 1983 against a school district and board, the District Court's judgments are affirmed where, in a question of first impression in the Circuit, an individual with a 'disability' under the IDEA does not categorically qualify as an individual with a 'disability' under the ADA and Section 504, such that plaintiffs' data relating to children with a disability under the IDEA, 20 U.S.C. section 1401(3)(A) can establish a prima facie case with respect to a claim predicated on the plaintiff having a 'disability' under the ADA, 42 U.S.C. section 12102(1), and Section 504, 29 U.S.C. section 705(20).

Appellate Information

• Published 2016/09/16

Judges

• LIVINGSTON

Court

• United States Second Circuit

Counsel