Legal Rights of Children with Epilepsy in School & Child Care

Legal Rights of Children with Epilepsy in School and Child Care
District of Columbia Circuit
Alegria v. District of Columbia, 391 F.3d 262 (D.C. Cir. 2004)
Burden of Proof:
Schaeffer v. Weast, 546 U.S. 49 (2005)
The burden of persuasion in an administrative hearing challenging an IEP is on the party
seeking relief.
Damages:
A.W. v. Jersey City Public Schools, Case No. 05-2553 (3 rd Cir. 2007)
Damages action cannot be maintained under Section 1983 for violation of the IDEA
(reversing W.B. v. Matula, 67 F.3d 484 (3d. Cir. 1995) (damages available under Section
504 and under 1983 claim predicated on Section 504 or the IDEA)).
Charlie F. v. Bd. of Educ. of Skokie School District, 98 F.3d 989 (7 th Cir. 1996)
The court required exhaustion of IDEA administrative remedies in a damages case that
had not been brought under the IDEA, finding that, in principle, the relief the parents
sought was available under the IDEA.
Crocker v. Tennessee Secondary School Athletic Association, 980 F.2d 382 (6 th Cir.
1992)
Damages are not available under the IDEA or pursuant to a Section 1983 claim to enforce
the IDEA.
Heidemann v. Rother, 84 F.3d 1021 (8 th Cir. 1996)
Damages are not available pursuant to a Section 1983 claim to enforce the IDEA; the
court relied on Crocker.
Sellers v. School Board of the City of Manassas, 141 F.3d524 (4 th Cir. 1998)
Damages are not available under the IDEA or pursuant to a Section 1983 claim to enforce
the IDEA. Damages are available under Section 504 but the plaintiff must show bad faith
or intentional discrimination.
Baird v. Rose, 192 F.3d 462 (4 th Cir. 1999)
Damages may be available under the ADA.
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