Deaf Student’s ADA Claim Revived Against Texas School District

Denial of an accessible public education can stand alone as an ADA claim, the Fifth Circuit ruled in reviving a deaf student’s lawsuit against her former Texas school district.

The lower court erred in finding that the ADA claim failed because the basis of the complaint was about the denial of a free appropriate public education, the US Court of Appeals for the Fifth Circuit ruled. Her earlier pursuit of an Individuals with Disabilities Education Act claim in an administrative hearing didn’t preclude her request for compensatory damages under the ADA, it also said.

Kaylee Lartigue filed a complaint with ...