The Ninth Circuit is among those federal appellate courts that allow cases for compensatory damages to proceed under Section 504 in conjunction with Section 1983 (of Title 42 of the U.S. Code).^[1] You must prove “discriminatory intent” or “deliberate indifference” by the particular official or agency, in order to recover money damages under Section 504 or the ADA (Title II) against a public entity.^[2] This standard may prove difficult for parents/guardians/other education rights holders and students to establish against a public school official or district. In addition, lawsuits must be filed in federal court under Section 504 within one year.^[3] Lastly, if the subject of the dispute under Section 504 and the ADA relates to the denial of a free and appropriate public education, you must first exhaust the administrative process under the IDEA before you can go to court based on a Section 504 or ADA claim.^[4]

1. Kling v. Los Angeles, 769 F.2d 532, 534 (9th Cir. 1985), reversed on other grounds, 474 U.S. 936.[↩]
2. Ferguson v. City of Phoenix, 157 F.3d 668, 674 (9th Cir. 1998).[↩]
3. Douglas v. Cal. Dept. of the Youth Authority 271 F.3d 812, 823 (9th Cir. 2001).[↩]
4. 20 U.S.C. Sec. 1415(l).[↩]