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Fry v. Napoleon Community Schools, 15-497

In a suit brought by parents of a child with a severe form of cerebral palsy, challenging a kindergarten's refusal to permit her trained service dog to join the child in school, alleging violations of Title II of the Americans with Disabilities Act (ADA) and section 504 of the Rehabilitation Act and seeking declaratory and monetary relief, the Sixth Circuit's decision, that that section 1415(l) of the Individuals with Disabilities Education Act (IDEA) applies whenever a plaintiff's alleged harms are 'educational' in nature, is vacated where exhaustion of the IDEA's administrative procedures is unnecessary where the gravamen of the plaintiff's suit is something other than the denial of the IDEA's core guarantee of a 'free appropriate public education' (FAPE).

Appellate Information

  • Decided
  • Published 2017/02/22

Judges

  • KAGAN

Court

  • United States Supreme Court

Counsel