Section 1983 and IDEA
The Third Circuit has ruled (en banc) in A.W. v. Jersey City Public Schools that a litigant may not bring a section 1983 to redress rights under IDEA. This case overrules W.B. v. Matula, which held to the contrary.
The decision can be found here.
posted by Sanford Hausler @ 11:25 AM
4 Comments:
Will this have any effect on plaintiff's ability/lack thereof to seek damages on an IDEA claim, now that they can't bring a section 1983 claim and an IDEA claim together for the same cause of action?
Will this have an impact on a plaintiff's ability/lack thereof to seek damages on an IDEA based claim? Since a section 1983 and an IDEA claim can't be raised for the same cause of action now, can damages ever be awarded for a denial of FAPE under IDEA? Are courts allowed to award damages for IDEA claims?
It most certainly will have such an effect.
Is there a circuit split on this issue?
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