Monday, March 28, 2011
Hansen v. Republic R-III Sch. Dist., ____F.3d____(8th Cir. Jan. 21, 2011), is an interesting case. The Eighth Circuit held that a student suffering from ADHD, bipolar disorder, and conduct disorder is “a child with a disability” within the meaning of the Individuals with Disabilities Education Act (IDEA) and, therefore, eligible for special education services under the statute. The panel concluded that the student satisfied the eligibility requirements for “emotional disturbance” and “other health impairment” under IDEA.
Mitchell H. Rubinstein