Epilepsy Foundation Joins Amicus Brief on Driver Education Case

The Epilepsy Foundation joined an amicus brief along with Paralyzed Veterans of America, National Federation of the Blind, and 10 other disability rights organizations in the case of Ivy, et al. v. Morath.

Background

The plaintiffs sued the Texas Education Agency (TEA), which oversees the administration of driver education courses in the state, alleging violations of Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. Plaintiffs allege that TEA, which allows private entities to operate driver education courses, failed to ensure course accessibility to young adult deaf drivers.

Legal Arguments

TEA argues that it is not liable because the agency only provides licensure and regulation of the driving schools -- not driver education courses. TEA further asserts that there was no agency or contractual relationship with between TEA and the private entities. The U.S. Court of Appeals for the Fifth Circuit (Texas, Louisiana, and Mississippi) agreed with TEA’s argument and ruled against the Plaintiffs. The Plaintiffs have asked the Supreme Court to review the case.

While the U.S. Department of Justice (DOJ), through its Solicitor General, opposed the Supreme Court taking the case, DOJ informed the Court that it believes that Texas is liable under Title II for the inaccessibility of the state’s private driver education schools.

Amicus Brief

Through the amicus brief, disability rights organizations make a legal argument about the circumstances under which state and local governments should be held accountable for discriminatory activities of private entities. The brief was filed on August 30, 2016, and can be read here.