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(6.73) Can Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act (ADA) help me in suing the district for money damages?

(6.73) Can Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act (ADA) help me in suing the district for money damages?

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). [Kling v. LosAngeles, 769 F.2d 532, 534 (9th Cir. 1985), reversed on othergrounds, 474 U.S. 936.] 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. [Ferguson v. City of Phoenix, 157 F.3d 668, 674 (9th Cir. 1998).] This standard may prove difficult for parents 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. [Douglas v. Cal. Dept. of theYouthAuthority 271 F.3d 812, 823 (9th Cir. 2001).] 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. [20  U.S.C. Sec. 1415(l).]