Pollack v. Regional School Unit 75, No. 17-1700 (1st Cir. 2018)Annotate this Case
The First Circuit affirmed the judgment of the district court for Regional School Unit 75 (the district) on this complaint filed by a student’s parents on his behalf under, among other things, the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA), holding that Plaintiffs were precluded from proving an element necessary for them to prevail on their ADA claim.
The student at issue, B.P., was diagnosed with several disabilities. B.P.'s parents sought permission from the school district court to allow B.P. to carry an audio recording device at school to record almost everything said in his presence. The school district refused to permit the device, and the parents filed this lawsuit. The district court entered summary judgment for the district. While Plaintiffs’ appeal to the Court was pending, an IDEA hearing officer issued a decision rejecting Plaintiffs’ position that the recording device was required under the IDEA. Plaintiffs appealed only the dismissal of their disability discrimination claims against the district. In affirming, the First Circuit held that because of the hearing officer’s factual findings, Plaintiffs could not make the preliminary showing that the device would benefit B.P. in some manner, which was an element essential to sustaining their reasonable accommodation claim. Therefore, Plaintiffs could not prevail.