The Federal District court, Northern District of Illinois, recently ruled in C.B. v. Board of Education of City of Chicago Public School District #299, that just because a school district violated its duty to provide a Free and Appropriate Public Education (“FAPE”), it didn’t necessarily meet the standards of a viable Section 504 claim. The legal standards for discrimination claims include a requirement that a school district make decisions in “bad faith,” or “due to gross misjudgment.” Despite CPS’s failure to update the student’s IEP for a year (which resulted in him missing an entire year of school), while the parent was likely to prevail in an IDEA claim, it did not amount to a discrimination claim.
October 2022
