This Note reviews the history, structure, and purpose of 42 U.S.C. § 1983 and the Individuals with Disabilities Education Act (IDEA). It then describes how the two statutes intersect and interact. Next, this Note examines the existing split in the U.S. Courts of Appeals regarding the availability of § 1983 as a remedy for violations of the IDEA. This Note ultimately contends that Congress intended § 1983 suits to prevail under the IDEA and argues that school districts will be deterred from violating the statute's provisions if such suits are allowed to proceed.
The Intersection of 42 U.S.C. § 1983 and the Individuals with Disabilities Education Act,
76 Fordham L. Rev. 3065
Available at: http://ir.lawnet.fordham.edu/flr/vol76/iss6/14