The United States Supreme Court recently issued an opinion, Fry v. Napoleon Community Schools, on the interplay between special education and disability discrimination law. The decision determines when claims under Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Section 504) must be exhausted in special education administrative hearings before filing suit in federal court under the Individuals with Disabilities Education Act (IDEA). This decision provides some much needed clarification to an evolving understanding of how, and in what manner, federal special education and non-discrimination laws overlap but maintain separate, distinct, and significant viability as tools to protect students with disabilities.
This article first provides an overview of three special education and disability discrimination laws—the IDEA, Section 504, and the ADA. It next discusses the confusion administrative bodies and courts have had in applying these laws. The article then analyzes the Fry decision. Finally, the article discusses Fry’s apparent limitations.