![]() ![]() ![]() Ultimately, the appeals court agreed with the lower court. The IDEA administrative hearing officer found that the school district did provide the student with a free appropriate public education and the recording device provided the student with no demonstrable benefit. The court’s decision involved extensive procedural analysis, including an Individuals with Disabilities Education Act component. The lower court ruled that the district did not violate the student’s rights under the ADA by denying his parents’ request for the device.Īsking for Accommodation: Can you Prove the Benefit? The primary issue: whether the school district denied the student “the benefits of services, programs, or activities” or otherwise discriminated against him when it rejected the parents’ request to equip their son with a recording device. After all, unlike other students, their son was unable to answer the daily question that many parents ask their children: What happened at school today?Īfter the school district refused the request, the parents filed suit in federal court alleging a violation of the ADA for failure to provide a reasonable accommodation. The parents argued that they needed to record everything that was said in their child’s presence so they could learn about his experiences at school and advocate for him when necessary. Their son is autistic and has a severe neurological syndrome that limits his ability to process language and prevents him from speaking. 26, 2018), parents in Maine gave their son an audio recording device to carry while at school. The case involved a novel attempt by the student’s parents to obtain the device as an accommodation under the Americans with Disabilities Act, wanting to record everything said throughout the school day. In March, a federal court prohibited a student’s use of a recording device in a classroom. Combine that with a lack of court case guidance on the issue and districts have been in a precarious spot-until recently. As the number of requests rises, so does the concern among districts, which are already dealing with the prevalence of smartphones and the proliferation of social media. ![]() School districts across the country are receiving an increasing number of requests from students and parents to record what’s being said in the classroom. This article was originally published on 6/12/18 and was updated on 1/28/22. ![]()
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