Major Legal Battle Over Student Communication: What Parents Need to Know

A recent decision from the U.S. Court of Appeals for the Third Circuit, Le Pape v. Lower Merion School District (June 4, 2024), highlights the struggle parents face when advocating for nonverbal students to use new communication techniques in school.

The case involved a student with autism whose parents requested the school adopt a method called "Spelling to Communicate" (S2C) into his Individualized Education Program (IEP).

The district resisted, citing a lack of published research, leading to a long legal fight that included claims under the IDEA, Section 504, and the ADA.

Ultimately, the court sided with the school district, finding they did not deny the student a Free Appropriate Public Education (FAPE) because the district’s initial skepticism was reasonable and existing communication methods were already deemed functional.

This decision underscores a critical lesson for parents: while you have the right to request new accommodations, courts place a heavy burden on you to prove that a school’s existing methods are inappropriate and that the new method is medically or scientifically effective when challenging the school's professional judgment.

If seeking money damages under the ADA, the burden of proof is even higher, requiring evidence of intentional discrimination.

The key takeaway for special education parents is to always have robust medical documentation from treating physicians and outside experts to support why the school’s current plan is failing and how a specific new method is necessary for your child's well being and educational progress.