California Special Education Law

Advocacy Resources, Hearing & Appeal Decisions, Statistics and More for Parents

District’s Payment of Damages

Does the district have to pay its own damages if I am successful in a suit against them?

Yes. A Nevada school district lost its case under the ADA and Section 504. The district wanted the State of Nevada to pay the judgment. The Ninth Circuit held that the district had to pay its own damages. This means that the district cannot shift the responsibility of paying its damages to the state.

Eason v. Clark County Sch. Dist., 303 F.3d 1137 (9th Cir. 2002)