United States Court of Appeals For the Seventh Circuit
Civil Rights — ADA
Disagreement between parents and a school over how to treat a student’s diabetes is insufficient to demonstrate discrimination in violation of the ADA.
“Ashland emphasizes that Charlie regularly attended school, performed well, and suffered no adverse health consequences during his time at the school. This evidence weighs against the failure-to-accommodate claim, but it does not foreclose it. The Lindmans allege that they withdrew Charlie because they felt he was unsafe, and in certain circumstances a school’s failure to provide a reasonably safe environment could effectively deny a disabled student the benefit of a public education. Parents do not need to wait until their child has been harmed to prove that the environment was unsafe. Ashland’s actions in this case, however, do not come anywhere near this line.”
Appeal from the United States District Court for the Western District of Wisconsin, Conley, J., Sykes, J.