Every Dog Has His Day: Why a Uniform Code for State Disability Education Law Will Circumvent Unjust Hurdles Inherent to the Current Structure

Abstract

Education has traditionally been controlled by the state rather than federal government, but disability issues in schools are usually adjudicated in federal courts under the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA). Although these Acts were enacted with admirable goals, they can lead to limited and procedurally complicated relief for students with disabilities. In Fry v. Napoleon Cmty. Schs., the Sixth Circuit held that an elementary school student with cerebral palsy who was denied use of her service dog at school should exhaust her administrative remedies under the IDEA despite the fact that she did not seek relief under that statute, nor was the monetary relief she sought available through that channel. This would necessitate additional years and thousands of dollars to litigate the dispute. This case exemplifies a need for simpler avenues for students battling discrimination in school settings. Because of states’ traditional control over educational matters and strong public policy in favor of protecting children with disabilities, state legislatures should enact statutes obligating schools to provide accommodations for students with disabilities and prohibiting discrimination against such students. These statutes would give students the option of seeking relief in state courts, leading to quicker, less complicated, and less expensive litigation. The most effective method for widespread reform would be to establish a uniform code, similar to the Uniform Commercial Code and the Model Penal Code. This article provides an example statute to address the substantive issue in Fry to demonstrate how a more state-driven approach could be beneficial. The article advocates for the establishment of a uniform code that aggregates statutes similar to this model.