Academic journal article Journal of Law and Education

Recent Developments-Learning Disabilities

Academic journal article Journal of Law and Education

Recent Developments-Learning Disabilities

Article excerpt

Parent of student sued school board and transit company, alleging negligence and willful and wanton conduct. While riding on a school bus, a developmentally disabled student was sexually assaulted by fellow student. Held: For the school. Claims sought to impose liability for the school's failure to provide police services were barred by the Local Governmental and Governmental Employees Tort Immunity Act. The parent also failed to state a claim for willful and wanton misconduct. Additionally, challenged actions by the school involved exercise of authority and supervision over students, which entitled the school to immunity under the School Code. Thus, the school was not liable for the student's sexual assault. A.R. v. Chicago Bd. of Educ., 724 N.E.2d 6 (111. App. Ct. 1999).

Parents of dyslexic child sued school district under Individuals with Disabilities Education Act seeking reimbursement for child's placement in private school. Parents believed the proposed Individualized Education Plan offered by the public school did not meet the student's needs and consequently placed him in a private school. Held: For the parents in part and for the school in part. The school failed to provide minimally adequate educational services to the student. However, the parents failed to notify the school that they were placing the student in a private school at public expense. Therefore, the parents were entitled to only partial reimbursement of the expenses for the private school placement. Nein v. Greater Clark County Sch. Corp., 95 F Supp. 2d 961 (S.D. Ind. 2000).

Parents of disabled student sought reimbursement of expenses incurred during administrative proceeding. …

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