News & Thought Leadership from Sulloway & Hollis

April 6, 2018

First Circuit Court Upholds Limitations on Disabled Students Use of Recording Device

The United States Court of Appeals for the First Circuit recently upheld a Maine school district’s decision not to allow a student with disabilities and special needs to use a continuous audio recording device during his school day. The student could not communicate about his school experiences with his parents, and the recording device was hoped to be helpful for the parents to understand and support his educational efforts. The Court of Appeals upheld the determination by the school district, state school board, and district court that the recording device was not a reasonable accommodation under either the Individuals with Disabilities Education Act (IDEA), or the Americans with Disabilities Act (ADA) because the parents did not show that the recording device would aid their son’s access to educational or public services.