Money Damages Sought Under IDEA

In Blanchard v. Morton School District., 52 IDELR 3 (W.D. Washington 2009), a prior decision that a district made a free and appropriate education available to a student with autism and other severe limitations was affirmed. Additionally, claims under the ADA and 504 require a showing of deliberate indifference and the plaintiff must establish the following: (1) the defendants had knowledge from which an inference could be drawn that harm to a federally protected right is substantially likely, and (2) the defendant actually draws that inference and fails to act upon the likelihood. There was no evidence in this case that remotely reached a level of deliberate indifference and there was no evidence that even reached a level of negligence.