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Lawsuits under Federal Law (Section 504, ADA, IDEA, and Section 1983)
Federal antidiscrimination laws, such as Section 504, ADA, and Title IX of the Education Amendments of 1972, allow parents to sue a school district for violation of their child’s rights under those laws. In successful suits, parents have been able to secure a court order commanding the school to take steps to comply with the law, and at times they have been awarded monetary damages (see ssss1 and 9).
IDEA also allows parents of special education students to file a lawsuit when they believe their child’s rights under the law have been violated. Except for unusual circumstances, parents are required to exhaust administrative remedies (e.g., due process hearings) available to them before they pursue a court action under IDEA. If parents prevail in a court action under IDEA, they may recover their attorney fees and/or be reimbursed for private school tuition or compensatory education for their child (see ssss1). Parents typically have not been able to recover monetary damages under IDEA.