Blanchard v. Morton Sch. Dist., No. 06-35388 (9th Cir. Sept. 20, 2007)
The U.S. Court of Appeals for the Ninth Circuit (AK, AZ, CA, HI, ID, MT, NV, OR, WA, GU, MP) has upheld a federal district court’s ruling that a Washington parent could not seek money damages under Section 1983 for lost income and emotional distress suffered while pursuing relief under the Individual with Disabilities Education Act (IDEA). Section 1983 is a federal statute that allows a plaintiff to sue a public official who, acting under color of state law, violates rights secured by the federal constitution or statutes. After the parent was successful in obtaining special education services for her child under IDEA, she sought damages under § 1983 as compensation for lost earnings and emotional distress she claimed she experienced in the process. The district court granted defendant Morton School District’s motion for summary judgment, dismissing the case on the grounds that (1) parents have no individual rights under IDEA, and (2) IDEA does not contemplate the damages the parent was seeking. Following this ruling, the U.S. Supreme Court ruled in Winkelman v. Parma City School District, 127 S.Ct. 1994 (2007), that parents, in addition to students, have individually enforceable rights under IDEA.
The Ninth Circuit affirmed the dismissal of the § 1983 claim. Noting that it had ruled previously that money damages are not available under the IDEA for the pain and suffering of a disabled child, the appeals court framed the issue as whether § 1983 provides a cause of action for money damages for the lost earnings and suffering a parent experiences pursuing IDEA relief. The court identified a split among the federal circuits on this question, with the First, Third, Fourth, and Tenth Circuits holding that Congress intended no such action, the Second and Seventh Circuits reaching the opposite conclusion, and the Eighth Circuit having conflicting holdings. The Ninth Circuit found persuasive the Third Circuit’s conclusion in A.W. v. Jersey City Public Schools, 486 F.3d 791, 797-803 (3d Cir. 2007) (en banc) that, given IDEA’s comprehensive scheme for remedying violations, Congress did not intend § 1983 to be available as an additional remedy. However, in light of Winkelman, the Ninth Circuit overturned the district court’s holding that IDEA creates no individual rights in parents.
Blanchard v. Morton Sch. Dist., No. 06-35388 (9th Cir. Sept. 20, 2007)
[Editor’s Note: Summaries of the Winkelman and A.W. decisions are below.]
NSBA School Law pages on Winkelman v. Parma City Sch. Dist.
NSBA School Law pages on A.W. v. Jersey City Pub. Sch.