Ninth Circuit: Title II/Section 504 allows damages for lost educational opportunity

In Cummings v. Premier Rehab Keller, P.L.L.C, 596 U.S. 212 (2022), the U.S. Supreme Court held that compensatory damages for emotional distress are not recoverable under anti‐discrimination laws enacted pursuant to Congress's constitutional Spending Powers, seemingly closing the door for students with disabilities seeking monetary relief under that statute. But now, the U.S. Court of Appeals for the Ninth Circuit has opened that door to allow compensatory damages for lost educational opportunity, a big win for students with disabilities and something for colleges and universities to consider when facing 504 and Title II claims ( Payan v. Los Angeles Community College School District , No. 24‐1809 [9th Cir. March 11, 2026]).