No Nominal Damages Under IDEA, 9th Circuit Rules

By Mark Walsh — May 14, 2012 3 min read
  • Save to favorites
  • Print

It’s only a matter of $1 in nominal damages, but the stakes in a Monday decision by a federal appeals court are much higher for litigation under the federal Individuals with Disabilities Education Act.

A three-judge panel of the U.S. Court of Appeals for the 9th Circuit, in San Francisco, ruled unanimously that nominal damages are not available under the federal special education law. Nominal damages are usually symbolic and typically involve small amounts of money. They are distinct from compensatory damages, which are meant to compensate for specific types of losses. (Sometimes a plaintiff seeks only nominal damages to win such a symbolic victory; other times, plaintiffs may have sought more substantial damages but a court awards only a nominal amount.)

The May 14 decision in Oman v. Portland Public Schools has implications for cases in which students have aged out of public schools and thus could not benefit from “prospective relief” such as court-ordered changes to their education plans.

The 9th Circuit ruled in the case of an Oregon mother, Pat Oman, and her son who was diagnosed with “special learning needs” in 2nd grade and provided an individualized education plan under the IDEA. Years later, the child was rejected for admission to a magnet high school in the Portland district because he was achieving well below grade level. The boy’s mother sought records, including those in the personal possession of his teachers, to determine why the boy had not succeeded in his IEP.

This resulted in a clash with the district, which the 9th Circuit described as quickly going into “litigation mode.”

The mother filed various suits and claims over her son’s education, seeking monetary damages that the 9th Circuit opinion doesn’t detail (though she was likely seeking more than the $1 nominal award).

Most of her claims were dismissed by a federal district court because she was representing him but was not an attorney. However, the district court took up three of the mother’s claims of alleged retaliation by school officials. The court held that the district’s in-house lawyer had acted to discourage the mother from exercising her statutory rights to challenge the boy’s IEP. The district court awarded $1 in nominal damages under the IDEA and Section 1983, a federal statute that allows individuals to assert their civil rights against government actors. (It isn’t clear that the mother only sought nominal damages.)

The school district appealed that ruling. In its decision Monday, the 9th Circuit reversed, holding that “the wording of the IDEA does not disclose a congressional intent to provide ... a remedy for nominal damages.”

The court noted that some parents who sue school districts under the IDEA do so on behalf of children who have already graduated high school, and thus such families are normally not entitled to prospective relief such as court orders.

“Creating a remedy for nominal damages would prevent such cases from becoming moot and would entitle the parents (if successful and if they had attorneys) to attorneys’ fees,” the court said. “As
such, recognizing a cause of action for nominal damages could have considerable impact on the remedial scheme.”

The ruling does not appear to involve one major area of IDEA case law where parents may receive significant compensation. Under decisions by the U.S. Supreme Court and lower courts, parents in a dispute with a school district over the special education placement of their child may “unilaterally” place that child in a private school and receive a public reimbursement if a court later holds that the public school placement was not appropriate.

On a separate issue, the 9th Circuit on Monday rejected a counter-appeal by the mother over the magnet school’s rejection of her son for admission. Oman brought that claim under the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, seeking damages because the school rejected her son based on his disability.

But the 9th Circuit said that the Rehabilitation Act “does not compel educational institutions to disregard the disabilities of handicapped individuals or to make substantial modifications in their programs to allow disabled persons to participate, but merely requires them not to exclude a person who is otherwise qualified based upon his or her disability.”

The court said it was not unreasonable for the magnet school in Portland to require a minimum of 8th grade proficiency, which Oman’s son did not meet.

A version of this news article first appeared in The School Law Blog.

Commenting has been disabled on effective Sept. 8. Please visit our FAQ section for more details. To get in touch with us visit our contact page, follow us on social media, or submit a Letter to the Editor.


This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Teaching Webinar
6 Key Trends in Teaching and Learning
As we enter the third school year affected by the pandemic—and a return to the classroom for many—we come better prepared, but questions remain. How will the last year impact teaching and learning this school
Content provided by Instructure
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
School & District Management Webinar
Ensuring Continuity of Learning: How to Prepare for the Next Disruption
Across the country, K-12 schools and districts are, again, considering how to ensure effective continuity of learning in the face of emerging COVID variants, politicized debates, and more. Learn from Alexandria City Public Schools superintendent
Content provided by Class
Teaching Profession Live Online Discussion What Have We Learned From Teachers During the Pandemic?
University of California, Santa Cruz, researcher Lora Bartlett and her colleagues spent months studying how the pandemic affected classroom teachers. We will discuss the takeaways from her research not only for teachers, but also for

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Education Schools Get the Brunt of Latest COVID Wave in South Carolina
In the past few weeks, South Carolina has set records for COVID-19 hospitalizations and new cases have approached peak levels of last winter.
4 min read
Two Camden Elementary School students in masks listen as South Carolina Gov. Henry McMaster talks about steps the school is taking to fight COVID-19, Wednesday, Sept. 15, 2021, in Camden, S.C. McMaster has adamantly and repeatedly come out against requiring masks in schools even as the average number of daily COVID-19 cases in the state has risen since early June. (AP Photo/Jeffrey Collins)
Education More States Are Requiring Schools to Teach Native American History and Culture
Advocates say their efforts have gained some momentum with the nation’s reckoning over racial injustice since the killing of George Floyd.
3 min read
A dancer participates in an intertribal dance at Schemitzun on the Mashantucket Pequot Reservation in Mashantucket, Conn., Saturday, Aug. 28, 2021. Connecticut and a handful of other states have recently decided to mandate students be taught about Native American culture and history. (AP Photo/Jessica Hill)
Education Judge's Temporary Order Allows Iowa Schools to Mandate Masks
A federal judge ordered the state to immediately halt enforcement of a law that prevents school boards from ordering masks to be worn.
4 min read
Iowa Gov. Kim Reynolds speaks to reporters following a news conference, Thursday, Aug. 19, 2021, in West Des Moines, Iowa. Reynolds lashed out at President Joe Biden Thursday after he ordered his education secretary to explore possible legal action against states that have blocked school mask mandates and other public health measures meant to protect students against COVID-19. Reynolds, a Republican, has signed a bill into law that prohibits school officials from requiring masks, raising concerns as delta variant virus cases climb across the state and schools resume classes soon. (AP Photo/Charlie Neibergall)
Education Hurricane Ida Deals New Blow to Louisiana Schools Struggling to Reopen
The opening of the school year offered teachers a chance to fully assess the pandemic's effects, only to have students forced out again.
8 min read
Six-year-old Mary-Louise Lacobon sits on a fallen tree beside the remnants of her family's home destroyed by Hurricane Ida, in Dulac, La., on Sept. 4, 2021. Louisiana students, who were back in class after a year and a half of COVID-19 disruptions kept many of them at home, are now missing school again after Hurricane Ida. A quarter-million public school students statewide have no school to report to, though top educators are promising a return is, at most, weeks away, not months.
Six-year-old Mary-Louise Lacobon sits on a fallen tree beside the remnants of her family's home destroyed by Hurricane Ida, in Dulac, La., on Sept. 4, 2021.
John Locher/AP