Avoiding and Defending Retaliation Claims Under Section 504 and the IDEA

Eggert, Dean B.
Minutelli, Alison M.

One of the increasing trends in the area of special education law is the parental complaint of retaliatory conduct on the part of a district. Parents are complaining that school personnel have taken adverse action against a student in response to the parent's decision to assert his or her rights under the IDEA or other laws affording rights to parents of disabled students. This concept has become known in the case law as “retaliation.” The purpose of this material is to provide educators with the tools necessary to prevent and defend retaliation claims under Section 504 and the IDEA. 

The full text of the material is available here.