In Csutoras v. Paradise High School, published September 7, 2021, the 9th Circuit Court of Appeals affirmed summary judgment for the defendant school and district in a lawsuit seeking money damages under Title II of the Americans with Disabilities Act and the Rehabilitation Act of 1973. The plaintiff high school student requested and was granted accommodations under a section 504 plan concerning his schoolwork. A male classmate assaulted the plaintiff at a football game while he was talking to a girl. The assailant's motivation was jealousy over the girl. It was not motivated in any way by the plaintiff's disability. The school had no prior knowledge of harassment or bullying involving the plaintiff. The plaintiff alleged that the school violated the ADA and Rehabilitation Act by failing to satisfy various Dear Colleague letters issued by the Department of Education. The district court concluded that the Dear Colleague letters were not binding.
The 9th Circuit agreed. While the letters set out a four-factor test for determining whether the Department may seek enforcement against a claimed violation of the ADA and Rehabilitation Act where a student is bullied based on a disability, the bullying is sufficiently serious to create a hostile environment, school officials knew or should have known of the bullying, and the school does not respond appropriately, the letters themselves limit the test to administrative enforcement actions and suits for injunctive relief. Precedent creates a much higher bar for plaintiffs seeking damages under the ADA and Rehabilitation Act: They must prove that the defendant intended to discriminate on the basis of the disability, or was deliberately indifferent to the disability. The letters also disclaim any binding authority, and explicitly state that they do not apply to private suits for money damages.
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