Wednesday, June 29, 2016
Breaking: Supreme Court To Hear Special Ed Case #SupremeCourt #ServiceDog #Exhaustion
The United States Supreme Court has agreed to hear Fry v Napoleon Community Schools, #15-497. It is a service dog case. Unfortunately, however, the issue before the court has very little to do with service dogs and the rights of kids with disabilities to have service dogs in school. Instead the issue is the more legalistic one of exhaustion of administrative remedies.
The parent brought the case under §504 and ADA. The District Court dismissed the complaint because the parents had not exhausted administrative remedies by first having an IDEA hearing. The Sixth Circuit affirmed by a 2-1 vote. After requesting a brief from the Solicitor General, the Supremes granted certiorari yesterday. The Court will hear argument on the case in the fall term.