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IDEA and ADA, Intersection of (December 2014 School Leader Update)

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The United States Department of Education (along with the U.S. Department of Justice) on Nov. 12 issued a Dear Colleague Letter and a frequently-asked-questions document on the interrelationship between the Americans with Disabilities Act’s “effective communication” requirement and the Individuals with Disabilities Education Act (IDEA). In 2013, the Ninth Circuit held that “a school district’s compliance with its obligations to a deaf or hard-of-hearing child under the IDEA” does not also necessarily establish its “compliance with its effective communication obligations to that child under Title II of the ADA.” The letter adopts the Ninth Circuit’s rationale (not surprising: the United States filed an amicus brief in support of the students). Take-away message: For students with disabilities related to hearing, seeing, or speaking, “effective” under the ADA may be a different standard than “appropriate” under the IDEA.

Dear Colleague Letter

FAQ

Ninth Circuit Opinion

 

Printed from the Iowa Department of Education website on November 18, 2017 at 12:35am.