was lipo NoW perhaps helpful:

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Alert! Civil Rights Case: Discrimination

and Retaliation

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April 21, 2008

ISSN: 1538-3202

Issue: 433

Subscribers: 60,690

In This Issue:

Violation of Civil Rights: Discrimination Under Section 504

Violation of Civil Rights: Retaliation Against Jarron & His Family

Advice about Filing Due Process Under IDEA if Civil Rights Claims

Jarron Draper v. Atlanta Independent Schools: Background & Decisions

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More Helpful Resources

Section 504

Damages

Retaliation

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Contact Info

Pete and Pam

slaw & The Special Ed Advocate

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Copyright © 2008, W. D. and Pamela Darr . All

rights reserved. Please do NOT reprint or host on your website

without explicit permission.

On March 10, we sent an Alert about a new decision in Jarron

Draper's cases against the Atlanta Independent School District. (see

background of case)

Within the last two weeks, there have been more important new

developments in the case.

Violation of Civil Rights

In a companion case, Jarron Draper and his family are seeking damages

for harassment and retaliation under Section 504 of the

Rehabilitation Act.

Two weeks ago, the U. S. District Court of Georgia issued a decision

in the civil rights companion case (Draper II).

This Alert describes the Court's findings about harassment and

retaliation under Section 504 and how they apply to Jarron's case.

Wyner and , lead counsel for Jarron and his family, explain

that the District Court's analysis includes important guidance for

plaintiffs who file for due process for a denial of a free

appropriate public education (FAPE) under IDEA, but who believe they

may also have civil rights claims under Section 504 of the

Rehabilitation Act.

Please don't hesitate to forward this Alert to your friends and

colleagues.

Sign up free today! l Read previous issues

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Violation of Civil Rights: Discrimination Under Section 504

In Jarron's civil rights case, he " asserts that he suffers from

injuries as a result of his educational deprivations that cannot be

addressed by any amount of compensatory education " and is requesting

damages under Section 504 of the Rehabilitation Act.

On March 31, 2008, the U. S. District Court of Georgia issued a

decision that denied the motion by the Atlanta Independent School

District ( " APS " ) to dismiss Jarron's civil rights claims that APS

discriminated against him and retaliated against him and his family.

In Jarron's civil rights Complaint, he asserted that:

APS incorrectly assessed Jarron as mentally retarded in fourth grade

APS placed him in a functional program for the mildly intellectually

delayed ( " M.I.D. " )

APS failed to reassess him for over five years as required by law,

and

after learning that Jarron has dyslexia, APS moved him from the

M.I.D. program into a 10th grade regular ed program with no support

or remediation, which caused him to fail

In this decision, the District Court held:

" In addition to being denied appropriate educational services, J.D.

also alleges that he suffers from stigmatization as a result of being

improperly labeled 'mentally retarded' throughout most of his

educational career. There is little doubt that the harm suffered by

J.D. exceeded a mere denial of FAPE (emphasis added) ... the

cumulative impact ... supports a reasonable inference that defendants

may have exercised bad faith or gross misjudgment (emphasis added) in

denying J.D. access to a free and appropriate education " in violation

of Section 504 of the Rehabilitation Act.

Read decision.