CTL Ex Rel. Trebatoski v. Ashland School District

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that discrimination by reason of disability may be established by showing that “the defendant refused to provide a reasonable modification”
• noting that the ADA and Rehabilitation Act are coextensive on the issue of whether a person is a “qualified individual”
• describing how a child’s parents and school district “develop[ed] a plan (called a 504 plan) to accommodate [the child]’s disability and enable him to attend public school”
• disabled student’s mother’s opinion that school employee’s personality was “callous and indifferent” and “rigid” did not establish that school acted on the basis of student’s disability
• “We note that all circuits to consider the question have held that compensatory damages are only available for intentional discrimination” under the ADA and Rehab Act
• to prove disability discrimination, a plaintiff must show that (1) defendant intentionally acted on the basis of disability, (2) defendant refused to provide a reasonable modification, or (3) the defendant's rule disproportionally impacts disabled people

Source: CourtListener parenthetical corpus (CC0).