Louisiana Dept. of Educ. v. Sch. Bd. of Ouachita Parish, No. 0530767 (5th Cir. Aug. 22, 2006)
The U.S. Court of Appeals for the Fifth Circuit has ruled that a Louisiana high school student was not denied his rights under the federal Americans with Disabilities Act (ADA) or denied a free appropriate public education (FAPE) under the federal Individuals with Disabilities Education Act (IDEA) by a route to his family and consumer science classroom that was substandard and an auditorium stage that was not accessible by wheelchair. The court rejected the student’s claim he was denied access to the classroom, pointing out that he was provided with an aide and an "acceptable alternate route to reach the classroom." As a result, the court concluded that the route did not affect the student’s ability to receive a meaningful educational benefit under his individualized education program (IEP) and, therefore, that he was not denied a FAPE in violation of IDEA. Regarding the claim that the stage was not wheelchair-accessible during the period the student participated in drama club, the court noted that the student had neither auditioned for any plays nor participated in any activities that required him to be on stage. Had he participated in any such activity, the court noted, the activity would have been relocated to the handicapped-accessible gymnasium.
Louisiana Dept. of Educ. v. Sch. Bd. of Ouachita Parish, No. 0530767 (5th Cir. Aug. 22, 2006)
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