The U.S. Supreme Court today declined to grant certiorari in a case which sought to contrast the position of the First Circuit with every other federal circuit on the issue of damages claims under both the ADA and §504 of the Rehabilitation Act of 1973 when a child is disabled under the IDEA. (Burke v. Brookline School District, 07-1175).
Petitioners sought compensatory damages against the School District which, they claimed, "coerced, intimidated, interfered with, and retaliated against Parents while Parents were engaged in educational advocacy on behalf of their child." The district court dismissed their complaint for failure to state a claim and the Court of Appeals summarily affirmed. (Thanks to SCOTUSblog for the update)
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