Civil Rights: Eighth Circuit Holds that Student Suffering ADHD, Bipolar and Conduct Disorders is “Child with Disability” Under IDEA

Hansen v. Republic R-III Sch. Dist., ____F.3d____(8th Cir. Jan. 21, 2011). 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.

http://www.ca8.uscourts.gov/opndir/11/01/101514P.pdf