Court Allows Retaliation Claim By Special Education Teacher

The Ninth Circuit has confirmed that a special education teacher has standing to sue for retaliation under both the Americans With Disabilities Act (ADA) and the federal Rehabilitation Act.

In Barker v. Riverside County Office of Education, 2009 WL 3401986 (9th Cir. Oct. 23, 2009), the court ruled that in order to have standing to sue for retaliation, the plaintiff need not be disabled. The statutes protect “any person” against retaliation when they assert rights of the disabled under the ADA or the Rehabilitation Act. This is an important ruling, for it protects teachers, parents, miscellaneous school district employees and other interested parties who protest wrongful denial of special education benefits or the improper administration of a special education program. A copy of the ruling is attached.