Falchenberg v. New York State Department of Education
United States Court of Appeals for the Second Circuit
2009 U.S. App. LEXIS 12213 (2009)
- Written by Miller Jozwiak, JD
Facts
Marsha Falchenberg (plaintiff) was a student who was required to take the Liberal Arts and Sciences Test. The test was required by the New York State Education Department and administered by National Evaluation Systems, Inc. (collectively, the educators) (defendants). Falchenberg, who lived with a disability, sought an accommodation for taking the test. Specifically, Falchenberg wanted an oral examination. But the test sought to examine test takers’ spelling, punctuation, capitalization, and paragraphing skills. The educators therefore denied the requested oral-examination accommodation because the modified test would be unable to test Falchenberg’s skills in these areas. Falchenberg sued the educators under Titles II and III of the Americans with Disabilities Act (ADA), the Rehabilitation Act, and related state and local laws. The district court granted the educators’ motion for summary judgment on the grounds that the requested accommodation was not required and that the educators thus did not discriminate against Falchenberg.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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