Students With Disabilities and Section 1983 of the Civil Rights Act of 1871

Section 1983 of the Civil Rights Act of 1871 has been increasingly utilized as a legal avenue by U.S. students with disabilities, particularly concerning remedies not typically awarded under the Individuals with Disabilities Education Act. The purpose of this legal update is to briefly highlight recent case law in which guardians filed action in courts involving Section 1983. Illustrative case law includes exhaustion of administrative due process hearings; remedies; failure to train, supervise, or follow procedures; and qualified immunity. Actions under Section 1983 are likely to increase because of Perez v. Sturgis Public Schools and have the potential for an expanded and more costly array of remedies (i.e., monetary damages), including allowing guardians to pursue constitutional violations successfully. Implications for school districts and teacher preparation programs are described throughout the manuscript.