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The GAP Attorneys Blog

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Posts Tagged ‘Free appropriate public education (FAPE) under Section 504’

Court refused to dismiss denial of 504 FAPE claim against private school

Monday, April 2nd, 2012

Bishop v. Children’s Center for Developmental Enrichment, 57 IDELR 156 (S.D. Ohio 2011): The court refused to dismiss a claim brought by the parents of a student with autism that a private school denied the student a free appropriate public education (FAPE) under Section 504 of the Rehabilitation Act.  As a recipient of federal financial assistance, the private school may be subject to a denial of FAPE claim under Section 504.  Although the private school claimed that the parents withdrew the student from the school, the parents had evidence that the school expelled the student from school by reason of the student’s autism.  Therefore, there was a genuine issue of material fact as to whether the private school acted with bad faith or gross misjudgment (or at the very least with deliberate indifference) and that it discriminated against the student “solely by reason of his disability.”

However, the court dismissed the parents’ claim under the Americans with Disabilities Act (ADA), since the parents did not present any admissible evidence that the private school is a place of public accommodation (as is required by Title III of the ADA).  The court also dismissed the parents claim under Section 1983 since the parents could not show that the private school was acting under the color of state law.

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