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Case Brief and Citation Lamkin v. Lone Jack c-6 School District., Dkt. No. 11-CV-1072-DW-W (W. D. Missouri, March 1, 2012)Facts of the CaseThe issue in this case is whether a parent can require a school to accommodate under Section 504 once he or she revokes consent under IDEA. In this case, a disabled student’s parents revoked assent to services as per the IDEA after a row over the placement of the student. The parents then made a request that the school offer the child accommodations under § 504 of the 1973’s Rehabilitation Act, to which the school superintendent denied.

This, the parents sued for the school for a violation of the IDEA, Section 504, ADA (Americans with Disabilities Act), as well as 42 U.S.C Section 1983.IssuesThe school is allowed to removal of the IDEA, Section 504, and ADA claims because the parents did not exhaust administrative remedies under IDEA. One issue raised by the trial court is that the exhaustion requirements of the IDEA applied in equal measure to the other claims since the Section 504 and ADA claims are associated with injuries that could be sought redress to under the IDEA.

The issue put forward by the parents is that their complaint was with the refusal of the school to provide Section 504 services, to which the court noted that “a parent may not circumvent the administrative procedures of IDEA by voluntarily revoking approval under IDEA, and afterwards recast their complaints under Section 504 and the ADA.DecisionsThe trial court’s decision was that the parent are not capable of revoking assent to services under IDEA, and then proceed to demand that the school make available Section 504 services instead.

Therefore, the school was not under any legal obligation to provide services.ReasoningThe reasoning behind this decision was influenced by a citation from a Letter of McKethan issued by OCR. By refusing services developed under IDEA, the parents effectively rejected services under Section 504. Hence, the revocation of services by the parents under IDEA was equivalent to revocation under Section 504 and the ADA.AnalysisThis decision is significant in the state of Texas because of the following points;It is the only reported case that has tackled this issueThe court relied on the guidance of the OCR meaning that the court can make decisions based on other texts that are outside the traditional lawThe decision also made it clear the a parent cannot reject the IDEA services as stipulated in a child’s IEP and then call for a school district to initiate a program under Section 504Works CitedLegal Digest Online.

“Can Parents Revoke Approval to IDEA Services and afterwards Demand §504 Services Instead?” Legal Disgest Online, March 24, 2012, pp. 1-2.