What question did this study set out to answer?

This research aims to clarify the legal implications of compensatory damages under Title II and Section 504 for education.

April 19, 2026

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

Key Points

This research aims to clarify the legal implications of compensatory damages under Title II and Section 504 for education.
Analysis of the Cummings v. Premier Rehab Keller Supreme Court ruling
Evaluation of the Ninth Circuit's decision in Payan v. Los Angeles Community College School District
Comparative legal analysis of compensatory damages in disability discrimination cases
The Ninth Circuit permits compensatory damages for lost educational opportunities
This ruling contrasts with previous Supreme Court decisions limiting emotional distress damages
Colleges and universities may face new financial risks under Title II and Section 504 claims

Abstract

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).

Ask AI

Helpful

Bookmark