Abstract

ABSTRACTThis brief article addresses the question of whether the Individuals with Disabilities Act or Section 504 and its sister statute, the Americans with Disabilities Act, provides for the liability of special educators and other public school personnel for money damages. The analysis synthesizes the applicable case law under these federal disability laws not only directly but also in connection with the added avenue of liability under Section 1983, and discusses the practical implications of the almost entirely “No” answer to this focal question.

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