Must a student with a disability prove that their school acted in “bad faith” to win a discrimination case? Until now, courts in some parts of the country said yes, requiring disabled students to meet a higher standard than...more
6/16/2025
/ Americans with Disabilities Act (ADA) ,
Bad Faith ,
Civil Rights Act ,
Disability Discrimination ,
Evidentiary Standards ,
OCR ,
Public Schools ,
Rehabilitation Act ,
School Districts ,
School Policies ,
SCOTUS ,
Special Education ,
Students ,
Title II
The U.S. Court of Appeals for the Sixth Circuit has ruled that the waiver of a State's immunity under Title V of the Americans with Disabilities Act (ADA) is unconstitutional. This ruling permits a State to defend a Title V...more
Can public school children with disabilities sue their schools for violations of the federal antidiscrimination statutes and collect compensatory damages before exhausting their administrative remedies under the Individuals...more
3/23/2023
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Compensatory Damages ,
Disability Discrimination ,
Dispute Resolution ,
Due Process ,
Educational Institutions ,
Exhaustion Doctrine ,
IDEA ,
Public Schools ,
School Districts ,
SCOTUS ,
Special Education ,
Students