Luka Hyde, 9, who has Down Syndrome, swings on a tire swing with a little help from his dad Greg at Riverview Park. This year will be Luka’s 3rd year to attend Camp Zooability, a week-long day camp offered for kids with disabilities by the Therapeutic Recreation Division of Chattanooga Parks and Recreation Department.Local attorneys argue a recent Supreme Court decision that bolsters the rights of students with learning disabilities should influence a federal judge’s decision about whether the Hamilton County Department of Education failed to follow federal guidelines when removing a student with Down syndrome from a general education classroom.
Federal Judge Curtis Collier ruled in November that Hamilton County Schools should not have removed Luka Hyde from his second- grade classroom at Normal Park Museum Magnet School in 2013. Collier agreed with Luka’s parents, Deborah and Greg Hyde, that the school district’s decision to move Luka to Red Bank Elementary’s comprehensive development classroom was not in his best interest.
In that classroom, Luka would have limited interactions with students without disabilities, and the curriculum would be more focused on developing life skills than academic aptitude. Collier determined that environment was “more restrictive than necessary” and Luka could benefit from being in a regular classroom.
Luka’s case has been winding through the court system for more than two years, and the Hydes are expected to address their claims of discrimination under the Americans with Disabilities Act during a federal trial in coming months.
Before the trial, Collier asked attorneys for the school district and the Hydes to file supplemental briefs addressing the Supreme Court’s unanimous decision in March that requires public schools to offer more than minimal instruction for special-needs students.