Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

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Monday, March 28, 2011

Student with ADHD, bipolar disorder, and conduct disorder is “a child with a disability” under IDEA

8thseal

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

http://lawprofessors.typepad.com/adjunctprofs/2011/03/student-with-adhd-bipolar-disorder-and-conduct-disorder-is-a-child-with-a-disability-under-idea.html

Special Education Law | Permalink

Comments

Thanks, Mitch, for calling this case to the attention of the blog's readership. The case is particularly important in its careful reading of Springer and its attention to the text of the eligibility provisions.

Posted by: Mark Weber | Mar 30, 2011 8:00:47 AM

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