Are there any other federal laws that help in bringing a successful case against a school district for compensatory money damages?
Yes, some courts have recognized that another federal law (Section 1983 of Title 42 of the United States Code) gives people who have certain rights under the Constitution or other federal laws the ability to sue those who deprive them of those rights through official actions or inactions. In other words, a special education official or agency who or which breaches his/her/its duties to follow federal special education law can be sued for damages and/or other relief by someone who is adversely affected by denial of those rights. Some courts, such as the Second and Fifth Circuits, that have not allowed actions for damages against schools for violations of the IDEA in the past, have allowed such damages cases under Section 1983 when based on IDEA violations. The courts, however, are divided on whether violations of the IDEA can form the basis for a Section 1983 case. Examples of cases allowing this kind of claim include: Quackenbush v. Johnson City Sch. Dist., 716 F.2d 141, 148 (2d Cir. 1
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