United States Third Circuit

Judgment for defendant school district on plaintiffs' claims alleging violations of the Individuals with Disabilities Education Act (IDEA), section 504 of the Rehabilitation Act (RA) and section 202 of the American with Disabilities Act (ADA) arising from defendant's misdiagnosis of plaintiff-student as disabled for several years, is affirmed, where: 1) IDEA's jurisdictional umbrella does not encompass children who have been misidentified as disabled; and 2) a showing of deliberate indifference may satisfy a claim for compensatory damages under section 504 of the RA and section 202 of the ADA, but plaintiffs have presented no evidence that would create a genuine dispute as to whether the defendant knew that plaintiff-student had likely been misidentified as having a learning disability.

Appellate Information

• Decided 09/05/2013
• Published 09/05/2013

Judges

• GREENAWAY

Court

• United States Third Circuit

Counsel