A federal appeals court ruled
today that remedies available under the main federal special education law do
not limit parents from also pursuing claims under a broader federal law barring
discrimination against people with disabilities. "The availability of relief
under the Individuals with Disabilities Education Act does not limit the
availability of a damages remedy under" U.S. Department of Education regulations
for Section 504 of the Rehabilitation Act, a three-judge panel of the U.S. Court
of Appeals for the 9th Circuit, in San Francisco , said in a unanimous ruling.
In a case from Hawaii , the court held that the requirements for a "free,
appropriate public education" in both IDEA and the Rehabilitation Act
regulations are "overlapping but different." The IDEA focuses on the provision
of appropriate education services to children with disabilities. The
Rehabilitation Act of 1973 that more broadly addresses state services to people
with disabilities. Section 504, the Rehabilitation Act's central provision
barring discrimination against people with disabilities, applies to all public
schools that receive federal funds. The appeals court overturned a 2005 federal
district court ruling that had said "there are no rights, procedures, or
remedies available under Section 504 for violations of IDEA's affirmative
obligations" and that the federal Education Department's Section 504 regulations
are not enforceable through private lawsuits. The appeals panel returned a
family's special education lawsuit against the Hawaii public school system to
the district court for further consideration. School Law Blog, 1/17/08.