California Special Education Law

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

Punitive Damages

Can I recover punitive damages from the district?

No. The Supreme Court held that punitive damages are not recoverable in suits brought under the ADA or Section 504. This means that parents cannot recover punitive damages from a district even if a court finds that the district engaged in wrongdoing.

Barnes v. Gorman, 536 U.S. 181 (U.S. 2002)