B.M., et al. v. So. Callaway R-II School Dist., No. 12-3841 (8th Cir. 2013)
Annotate this CasePlaintiff and his parents filed suit against the District alleging violations of section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 and 794a, and Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. 12131 et seq. On appeal, plaintiff challenged the district court's grant of summary judgment in favor of the District. The court affirmed the judgment of the district court because plaintiff failed to present evidence of bad faith or gross misjudgment by the District.
Court Description: Civil case - Rehabilitation Act of 1973. Where alleged ADA and Rehabilitation Act claims are based on educational services for disabled children, the plaintiff must prove that school officials acted in bad faith or gross misjudgment and the district court did not err in finding plaintiff had failed to establish either bad faith or gross misjudgment.
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