Wednesday, September 08, 2004

Non-compliance

A school district entered into two settlement agreements with the family of a child with mild mental retardation and ADHD. Then it failed to comply with either of them, pushing off for months its responsiblity to provide compensatory services to the child. The mother of the child brought a lawsuit, alleging claims under 42 U.S.C. 1982, IDEA and the Rehabilitation Act (among other claims). The Court awarded the plaintiffs $10,000 in damages. Presumably, the district still has to provide the compensatory services although the Court did not discuss that. The decision in Reid v. School District of Philidelphia can be found here.

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