R.R., by Next Friend J.R. v. Mineral Wells Independent School District

Fort Worth, Texas personal injury lawyer represented the Plaintiff on Civil Rights of Handicapped Child Act violation theory.



R.R., a student with learning disabilities, transferred to Mineral Wells

Independent School District ("MWISD”) in the February of his seventh-

grade year. After R.R.'s arrival, a committee reviewed his eligibility for

special education services under the Individuals with Disabilities Education

Act ("IDEA”). The committee noticed that R.R. suffers from a specific

learning disability affecting five areas: "oral expression, listening

calculation, and mathematics problem solving.” So the committee developed

an Individualized Education Plan ("IEP”) to accommodate his needs.



The committee met several times per year to update R.R.'s IEP with

new goals and resources. For example, R.R. received individualized math

instruction. He joined an "Accelerated Learning Plan” after he failed the

eighth-grade STAAR test. And he received separate reading instruction

once his teacher expressed concerns about his reading comprehension. In

general, R.R. "had a good attitude” in the classroom and his behavior

generally did not impede his or other students' learning. R.R. passed his

courses in seventh and eighth grade and was on track to graduate.



In the February of R.R.'s ninth-grade year, a classmate on R.R.'s

baseball team threw a snowball in his face. R.R. confronted the classmate in

the locker room after class and pointed a knife at his neck. R.R. was arrested

for aggravated assault with a deadly weapon. After concluding that the

incident was not a manifestation of R.R.'s disabilities, MWISD expelled

R.R. His parents appealed the decision. While the appeal was pending,

MWISD convened multiple meetings to discuss R.R.'s IEP and what

educational services MWISD would offer after R.R.'s expulsion. Each time,

the parents rejected MWISD's proposals, and the meetings ended without

consensus. Later, MWISD finalized R.R.'s expulsion.



R.R.'s parents filed a due process complaint with the Texas Education

Agency on R.R.'s behalf. After a hearing, the state hearing officer dismissed

the complaint. R.R. then filed suit in the United States District Court for the

Northern District of Texas. First, R.R. contended that MWISD failed to

comply with its IDEA duty to provide an IEP reasonably calculated to

confer him a meaningful educational benefit and had thus denied him a free

and appropriate public education ("FAPE”). Second, R.R. argued that

MWISD's refusal to modify the terms of his expulsion was intentional

discrimination under the Americans with Disabilities Act ("ADA”) and

Section 504 of the Rehabilitation Act of 1973.



* * *



The term "Civil Rights of Handicapped Child" isn't a specific law, but rather a concept encompassed by several federal laws, primarily the

Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (ADA). These laws provide that children with disabilities are entitled to:



A free and appropriate public education in the least restrictive environment possible.

Non-discrimination in education, employment, and access to public services and accommodations.

Reasonable accommodations and modifications to ensure equal opportunities to participate in public life.

Protection from being excluded or denied services based on stereotypes or speculation about their disability.



IDEA (Individuals with Disabilities Education Act): Guarantees a free and appropriate public education (FAPE) tailored to a child's specific needs.



Section 504: Prohibits discrimination against qualified individuals with disabilities in any program or activity receiving federal financial assistance, including schools.

ADA (Americans with Disabilities Act): A landmark civil rights law that protects individuals with disabilities from discrimination in employment, state and local government services, public accommodations, and transportation.



In essence, these laws uphold the basic human right of individuals with disabilities to live, work, and access services on the same basis as their non-disabled peers.



Section 504 of the Rehabilitation Act of 1973 Final Rule

Aug 5, 2024 — Section 504 prohibits discrimination against qualified individuals with disabilities in the child welfare system, including parents, prospective parents, foster...

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HHS.gov



Introduction to the Americans with Disabilities Act



The ADA prohibits discrimination on the basis of disability just as other civil rights laws prohibit discrimination on the basis of race, color, sex, national o...

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ADA.gov



The Rights of Students with Disabilities Under the IDEA ...

May 17, 2024 — The ADA broadly protects individuals with disabilities from discrimination in a range of contexts—both public and private—including employment, state and local ...

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Congress.gov



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The district court granted MWISD’s motion for judgment on the

administrative record on R.R.’s IDEA claim. Applying the four-factor test

established in Cypress-Fairbanks Independent School District v. Michael F., 118

F.3d 245 (5th Cir. 1997), the court held that R.R.’s post-expulsion IEP was

“reasonably calculated for him to receive meaningful education benefits.”

First, R.R.’s IEP was “individualized and based on [R.R.’s] assessment and

performance” because the committee considered “multiple assessments” of

R.R.’s progress, reviewed teacher and parent input, and regularly updated

his services and goals based on that data. Second, MWISD provided the

“least restrictive environment” for R.R.’s education because MWISD

expelled R.R. for conduct that it correctly found was not a manifestation of

R.R.’s disability. Third, MWISD provided services “in a coordinated and

collaborative manner” because it conducted “a number of meetings in which

[R.R.’s] parents were involved in the [IEP] process” and “their concerns

were taken into account.” Finally, R.R. derived a meaningful “educational

benefit” from his IEP because he “passed all his courses” in seventh and

eighth grade, “participated in baseball,” had “good relationships with his”

classmates and teachers, and was overall “making progress” prior to his

expulsion. The district court also granted summary judgment in favor of

MWISD for R.R.’s ADA and Section 504 claims, holding that the claims

were issue precluded because they “stem from” and were “synonymous”

with R.R.’s IDEA claims.



Affirmed