IDEA Action Alleging Denial of Special Education Services
In D.A. v. Houston Indep. Sch. Dist., No. 09-20551, an action claiming that defendant school district failed to provide special education services to plaintiff, the court affirmed summary judgment for defendants where plaintiffs did not furnish proof of intentional discrimination as required by the Individuals with Disabilities in Education Act and the Americans with Disabilities Act, and 42 U.S.C. section 1983 offered no additional cause of action for plaintiff.
As the court wrote: "D.A., through his mother L.A., brought suit against the Houston Independent School District ("HISD") and two school officials, alleging that D.A.'s rights under various federal laws were violated because two of its schools failed to test him timely for special education."
- Read the Fifth Circuit's Decision in D.A. v. Houston Indep. Sch. Dist., No. 09-20551