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S.S. by S.Y. v. City of Springfield, Massachusetts, 146 F.Supp.3d 414 (2015) 331 Ed. Law Rep. 214, 52 NDLR P 56 146 F.Supp.3d 414 United States District Court, Motion granted in part and denied in part. D. Massachusetts. S.S. , a minor, by his mother, S.Y., on behalf of himself and other similarly situated students; West Headnotes (17) the Parent/Professional Advocacy League; and the Disability Law Center, Plaintiffs, [1] Education v. Free appropriate public education City of Springfield, Massachusetts; Domenic Under the IDEA, a school district is Sarno, in his official capacity as Mayor of City of not under a compulsion to afford a Springfield; Springfield Public Schools; Daniel J. disabled child an ideal or an optimal Warwick, in his official capacity as Superintendent education, but only to provide an adequate of Springfield Public Schools, Defendants. and appropriate education. Individuals with Disabilities Education Act § 612, 20 U.S.C.A. Civil Action No. 14-30116-MGM § 1412(a)(1)(A). | Signed November 19, 2015 Cases that cite this headnote Synopsis Background: Advocacy groups and parent brought [2] Education putative class action against City, its mayor, school Free appropriate public education district, and its superintendent, on behalf of parent's Free appropriate public education (FAPE) child and other school-age children with mental health required by the IDEA is tailored to the disabilities who were, or had been enrolled at public needs of a disabled child through the creation day school and did not currently attend district's and implementation of an individualized neighborhood schools, alleging students placed at the educational program (IEP). Individuals with day school because of their disabilities were denied their Disabilities Education Act § 612, 20 U.S.C.A. rights to participate equally in the educational programs § 1412(a)(1)(A). offered by school district, in violation of Title II of the Americans with Disabilities Act (ADA). Defendants Cases that cite this headnote moved to dismiss for failure to state a claim. [3] Education Exhaustion of remedies Holdings: The District Court, Mastroianni, J., held that: Although IDEA requires parties to fully exhaust administrative procedures before [1] plaintiffs sufficiently exhausted administrative filing claims brought under other provisions procedures, as required by Individuals with Disabilities in of federal law, the exhaustion requirement Education Act (IDEA); does not restrict rights and remedies that were already independently available through [2] plaintiffs adequately stated claim of that defendants other sources of law. Individuals with violated Title II of the ADA; Disabilities Education Act §§ 615, 615, 20 U.S.C.A. §§ 1415(f), 1415(l). [3] ADA's private right of action attached to plaintiffs' claim; and Cases that cite this headnote [4] claims against mayor and school district superintended [4] Civil Rights would be dismissed as redundant. © 2017 Thomson Reuters. No claim to original U.S. Government Works. 1 S.S. by S.Y. v. City of Springfield, Massachusetts, 146 F.Supp.3d 414 (2015) 331 Ed. Law Rep. 214, 52 NDLR P 56 Discrimination by reason of handicap, that he was either excluded from participation disability, or illness in or denied the benefits of some public Title II of the ADA imposes an affirmative entity's services, programs, or activities or was obligation on public entities to make their otherwise discriminated against; and (3) such programs accessible to qualified individuals exclusion, denial of benefits or discrimination with disabilities, except where compliance was by reason of his disability. Americans would result in a fundamental alteration with Disabilities Act of 1990 § 202, 42 of services or impose an undue burden. U.S.C.A. § 12132. Americans with Disabilities Act of 1990 § 202, Cases that cite this headnote 42 U.S.C.A. § 12132. Cases that cite this headnote [8] Education Exhaustion of remedies [5] Civil Rights Where the facts underlying Title II ADA Disabled students claims relate to special education services, Unlike the IDEA, which creates a narrowly- plaintiffs must also demonstrate they tailored entitlement, the ADA is a broadly have exhausted the administrative remedies applicable civil rights statute designed available under the IDEA. Individuals with to provide comprehensive protection for Disabilities Education Act § 615, 20 U.S.C.A. disabled individuals against discrimination § 1415(l); Americans with Disabilities Act of based on their disabilities. Individuals with 1990 § 202, 42 U.S.C.A. § 12132. Disabilities Education Act § 612, 20 U.S.C.A. Cases that cite this headnote § 1412(a)(1)(A); Americans with Disabilities Act of 1990 § 202, 42 U.S.C.A. § 12132. [9] Administrative Law and Procedure Cases that cite this headnote Exhaustion of administrative remedies Exhaustion of administrative remedies [6] Civil Rights is complete at the conclusion of the Private Right of Action administrative hearing; a party is not required Private right of action available under Title II to seek judicial review of all portions of the of the ADA extends to allow enforcement of resulting administrative action. a regulation, provided the regulation simply Cases that cite this headnote effectuates an express mandate contained in the organic statute; if the regulation announces an obligation or a prohibition not [10] Civil Rights imposed by the organic statute, relief is not Disabled students available through the private right of action. Education Americans with Disabilities Act of 1990 § 107, Children with Disabilities; Special 42 U.S.C.A. § 12117. Education Cases that cite this headnote When determining whether a person is a “qualified individual with a disability,” within meaning of Title II of ADA, with respect to [7] Civil Rights an academic program, courts are to consider Discrimination by reason of handicap, whether the person is able to meet all of disability, or illness a program's requirements in spite of the To state a claim for a violation of Title II of person's disability; if there are reasonable the ADA, a plaintiff must allege: (1) that he modifications that would allow a school is a qualified individual with a disability; (2) to accommodate a disabled individual, the © 2017 Thomson Reuters. No claim to original U.S. Government Works. 2 S.S. by S.Y. v. City of Springfield, Massachusetts, 146 F.Supp.3d 414 (2015) 331 Ed. Law Rep. 214, 52 NDLR P 56 individual is qualified for the program offered city and school district; parent and advocacy by the school. Americans with Disabilities Act organizations alleged that student with mental of 1990 § 202, 42 U.S.C.A. § 12132. health disability had not been provided with school-based behavioral services in a Cases that cite this headnote neighborhood school, which the court could reasonably infer were reasonable, rather than [11] Education substantial, that student's exclusion from Exhaustion of remedies attending neighborhood schools prevented him from receiving academic instruction at Requirement that plaintiffs exhaust the level provided to students attending administrative remedies under the IDEA is neighborhood schools, participating in the not absolute. Individuals with Disabilities extracurricular activities offered at the Education Act § 615, 20 U.S.C.A. § 1415(l). neighborhood schools, and receiving safe and Cases that cite this headnote appropriate disciplinary interventions, and that his exclusion was by reason of his disability. Americans with Disabilities Act of [12] Education 1990 § 202, 42 U.S.C.A. § 12132. Exhaustion of remedies Failure of a plaintiff to exhaust under Cases that cite this headnote the IDEA does not deprive the court of jurisdiction, but rather provides the court with [15] Education grounds for dismissal for failure to state a Assignment or Admission to Particular claim. Individuals with Disabilities Education Schools or Programs Act § 615, 20 U.S.C.A. § 1415(l). ADA's private right of action attached Cases that cite this headnote to claim that city and school district discriminated against disabled student in violation of Title II of the ADA by placing him [13] Education in a segregated educational environment even Exhaustion of remedies though, had he been provided with reasonable Plaintiffs were not required to seek judicial accommodations, he could have been placed review of the Massachusetts Bureau of Special in a neighborhood school. Americans with Education Appeals' (BSEA) ruling on their Disabilities Act of 1990 § 202, 42 U.S.C.A. § IDEA claim in order to properly exhaust their 12132. ADA claim under the IDEA; to exhaust their claims, plaintiffs were required only to obtain Cases that cite this headnote a decision by a state educational agency, which they did. Individuals with Disabilities [16] Federal Civil Procedure Education Act § 615, 20 U.S.C.A. § 1415(l); Alternate, Hypothetical and Inconsistent Americans with Disabilities Act of 1990 § 202, Claims 42 U.S.C.A. § 12132. ADA claims against mayor and school Cases that cite this headnote district superintendent would be dismissed as redundant, where public entities that employed mayor and superintendent had [14] Education also been sued and those entities were not Assignment or Admission to Particular state entities potentially entitled to Eleventh Schools or Programs Amendment immunity. U.S. Const.Amend. Allegations were sufficient to state a claim 11; Americans with Disabilities Act of 1990 § of discrimination based on disability, in 202, 42 U.S.C.A. § 12132. violation of Title II of the ADA, against © 2017 Thomson Reuters. No claim to original U.S. Government Works. 3 S.S. by S.Y. v. City of Springfield, Massachusetts, 146 F.Supp.3d 414 (2015) 331 Ed. Law Rep. 214, 52 NDLR P 56 placed at the SPDS because of their disabilities are denied Cases that cite this headnote their rights to participate equally in the educational programs offered by SPS, in violation of Title II of the [17] Public Employment ADA. Though Plaintiffs have styled this action as a class Parties; Standing action, no class has yet been certified.