COVID-19   Law    Advocacy    Topics A-Z     Training    Wrights' Blog   Wrightslaw Store    Yellow Pages for Kids 

Home > Topics > Retaliation


The Special Ed Advocate newsletter
It's Unique ... and Free!

Enter your email address below:

2024
Training Programs

Mar. 20-21 CA - Private

Apr. 11 - Denver, CO

June 5-8 - San Antonio, TX

Sept. 24 - MD via ZOOM

Full Schedule


Wrightslaw

Home
Topics from A-Z
Free Newsletter
Seminars & Training
Yellow Pages for Kids
Press Room
FAQs
Sitemap

Books & Training

Wrightslaw Storesecure store lock
  Advocate's Store
  Student Bookstore
  Exam Copies
Training Center
Mail & Fax Orders

Advocacy Library

Articles
Cool Tools
Doing Your Homework
Ask the Advocate
FAQs
Newsletter Archives
Short Course Series
Success Stories
Tips

Law Library

Articles
Caselaw
Fed Court Complaints
IDEA 2004
McKinney-Vento Homeless
FERPA
Section 504

Topics

Advocacy
ADD/ADHD
Allergy/Anaphylaxis
American Indian
Assistive Technology
Autism Spectrum
Behavior & Discipline
Bullying
College/Continuing Ed
Damages
Discrimination
Due Process
Early Intervention
  (Part C)

Eligibility
Episodic, such as
   Allergies, Asthma,
   Diabetes, Epilepsy, etc

ESSA
ESY
Evaluations
FAPE
Flyers
Future Planning
Harassment
High-Stakes Tests
Homeless Children
IDEA 2004
Identification & Child Find
IEPs
Juvenile Justice
Law School & Clinics
Letters & Paper Trails
LRE / Inclusion
Mediation
Military / DOD
Parental Protections
PE and Adapted PE
Privacy & Records
Procedural Safeguards
Progress Monitoring
Reading
Related Services
Research Based
  Instruction

Response to Intervention
  (RTI)

Restraints / Seclusion
   and Abuse

Retention
Retaliation
School Report Cards
Section 504
Self-Advocacy
Teachers & Principals
Transition
Twice Exceptional (2e)
VA Special Education

Resources & Directories

Advocate's Bookstore
Advocacy Resources
Directories
  Disability Groups
  International
  State DOEs
  State PTIs
Free Flyers
Free Pubs
Free Newsletters
Legal & Advocacy
Glossaries
   Legal Terms
   Assessment Terms
Best School Websites

 
Retaliation

Print this page

The legal definition of retaliation is located in the implementing regulations of the Americans with Disabilities Act at 28 CFR 36.206.

Office for Civil Rights (OCR), U.S. Department of Education, issues public guidance on retaliation as a violation of Federal law. The OCR Letter, issued on April 24, 2013, clarifies the basic principles of retaliation law and describes OCR's methods of enforcement.

New Publication! Is the School Retaliating? A Guide to Your Rights by Disability Rights California (April 2015, Pub. #5408.01). Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act prohibit discrimination based on an individual’s disability and retaliation for the exercise of the rights it protects. Is the School Retaliating describes these rights and the factors that must be proved to support a retaliation claim.

New! Listen and Watch Pete's video about the case AC v. Shelby Countyvideo On April 1, 2013, the US Court of Appeals for the Sixth Circuit issued a decision about a child with Type 1 diabetes and retaliation under Section 504. The case focused on false allegations of child abuse by the school principal.

Jury Awards 1 Million to Fired Special Ed Teacher
. Oregon jury sends a strong message to a school district
that retaliated against a special ed teacher who advocated for her students. This "inside story" includes links to the pleadings in this landmark retaliation case. (Note: Subsequently, the school district appealed. On April 5, 2004, the U. S. Court of Appeals reversed a magistrate judge and upheld the jury verdict for Pamella Settlegoode.)
Download the decision in Pamella Settlegoode v. Portland Oregon in pdf or in html

Linda Sturm v. Rocky Hill Bd of Ed, U. S. District Court of Connecticut. Special ed teacher can bring suit against the school district who did not renew her contract because Section 504 includes anti-retaliation provisions and courts have extended protection against retaliation for those who advocate for the disabled. (2005)

Fales v. Garst: Analysis by Pete Wright. In a January 2, 2001 decision, the U. S. Court of Appeals for the Eighth Circuit dismissed a lawsuit filed by three special education teachers against the principal of their school. The teachers complained "about Garst's administrative decisions and actions to his superiors and others, including the media" over the needs of special education students.”

Judge Allows Lawsuit for Damages Against Hawaii. Judge rules that a family can sue to force the state to pay for therapy for their 6-year old autistic daughter and can seek punitive damages for the emotional distress suffered while trying to get services for their child.

"Enemies List" Targets Parents. Describes efforts by the Association of California School Administrators to compile a list of parents and parent groups who were critical of schools or who questioned special education decisions. 

Jury Awards $600,000 to Parents of Handicapped Child. Jury found that school district failed to provide free appropriate public education and retaliated against parents who attempted to advocate for their child.

Caselaw

AC v. Shelby County (6th Cir. 2013) - In 2013, the US Court of Appeals for the Sixth Circuit issued a pro-child 504 ruling in a retaliation case where the principal filed "false" child abuse allegations against the parent. The principal told DCS that the parents "are just looking for a lawsuit" and that they did not care that "the child could die at school."

For a retaliation case to proceed, the Court must find that the school retaliated against the parents for asserting their rights under Section 504. After the US District Court dismissed the case, the Sixth Circuit reversed, found that the District Court misunderstood the law, and remanded the case back for a trial by jury. The original decision as issued by the Court is located here. The Wrightslaw reformatted version with bold highlights inserted is located here.

Pamella Settlegoode v. Portland Public Schools, U. S. Court of Appeals for the Ninth Circuit. Court upheld jury verdict, reinstated 1 million dollar award to special ed teacher who was retaliated against and fired for advocating for her students; clarifies importance of freedom of speech for teachers. Decision in pdf (2004)

Linda Sturm v. Rocky Hill Bd of Ed, U. S. District Court of Connecticut. Special ed teacher can bring suit against the school district who did not renew her contract because Section 504 includes anti-retaliation provisions and courts have extended protection against retaliation for those who advocate for the disabled. (2005)

Free Publications

A Guide to Disability Rights Laws. A 21-page booklet that provides a brief overview of ten Federal laws that protect the rights of people with disabilities and provides information about the federal agencies to contact for more information.
Disability Rights Laws (En Español)

(Spanish, Cambodian, Chinese, Hmong, Japanese, Korean, Laotian, Tagalog and Vietnamese editions available from the ADA Information Line)

FAQ on Filing Civil Rights Complaints (English)

FAQs on Filing Civil Rights Complaints (En Espanol)

Back to Topics page

To Top
Last updated: 04/08/15

Email Newsletter icon, E-mail Newsletter icon, Email List icon, E-mail List icon The Special Ed Advocate: It's Free!

March Sale - SAVE 25%

Print, Immediate Downloads
and Advocacy Supplies
Order Wrightslaw Product
s
and Save 25% Now!



Check Out
The Advocate's Store!

Wrightslaw on FacebookWrightslaw on TwitterWrightslaw YouTube Channel 

Wrightslaw Books
Wrightslaw: Special Education Law, 3rd Edition, by Pam and Pete Wright
About the Book

Wrightslaw: From Emotions to Advocacy, 2nd Edition
About the Book

Wrightslaw: All About IEPs
About the Book

Wrightslaw: All About Tests and Assessments
About the Book

Wrightslaw: Special Education Legal Developments and Cases 2019
About the Book

Surviving Due Process: Stephen Jeffers v. School Board
About the DVD Video


The Advocate's Store


Understanding Your Child's
Test Scores (1.5 hrs)

Wrightslaw Special: $14.95