EdLawConnect Blog

In the past, the IDEA’s exhaustion requirement has been applied in various parts of the United States to routinely bar lawsuits for injunctive relieve and/or money damages against school districts and their employees for violations of Section 504 of the Rehabilitation Act of 1973 (“Section 504”) and the Americans with Disabilities Act (“ADA”), when administrative due process procedures were ...

An individual has a disability under the Title II of the ADA (“ADA”) and Section 504 of the Rehabilitation Act of 1973 (“Section 504”) if he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such an impairment.  (28 C.F.R. Part 35.108(a)(1))  Local educational agencies (“LEA”) must ...