Legal Rights of Children with Epilepsy in School & Child Care

Dispute Resolution and Legal Remedies
Witte v. Clark, 197 F.3d 1271 (9 th Cir. 1999)
Damages are not available under the IDEA; exhaustion of IDEA administrative remedies
is not necessary.
Covington v. Knox County School System, 205 F.3d 912 (6 th Cir. 2000)
A claim for money damages does not create an automatic exception to the IDEA’s
exhaustion requirement, but in the case at hand, money damages, which were the only
remedy that could redress plaintiff’s injuries, were not available in the administrative
process and exhaustion would have been futile.
Padilla v. School District No. 1, City and County of Denver, Colorado, 233 F.3d 1268
(10 th Cir. 2000)
The court did not address whether the IDEA permits damage awards in this case, which
involved a child whose injuries during a restraint incident exacerbated her seizure
disorder; the court found that exhaustion of administrative remedies was unnecessary
because the relief she sought was unavailable in the IDEA’s administrative remedy
process.
Polera v. Board of Educ. of Newburgh Enlarged City School District, 288 F.3d 478 (2d
Cir. 2002)
The court held that damages are not available under the IDEA, but plaintiffs cannot avoid
the IDEA’s exhaustion requirement simply because they seek relief that is not available
under the IDEA. But earlier precedent allowing damages pursuant to a Section 1983
claim for denial of access to administrative remedies under the IDEA’s predecessor
statute remains valid law, and district courts within the circuit have relied on the decision
to hold that damages are available on claims brought under Section 1983 for violations of
the IDEA. See Quackenbush v. Johnson City Sch. Dist., 716 F.2d 141, 148 (2d Cir. 1983),
cert. denied 465 U.S. 1071 (1984).
Nieves-Marquez v. Commonwealth of Puerto Rico, 353 F.3d 108 (1 st Cir. 2003)
Money damages are not available under the IDEA, but the court left open the possibility
of damages under Section 504 or the ADA for intentional conduct causing harm and
possibly, but not clearly, for other claims.
Barnes v. Gorman, 536 U.S. 181 (2002)
Punitive damages are not available under Title II of the ADA or under Section 504.
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