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Circuit split · education law

Whether the rights created by the Individuals with Disabilities Education Act (IDEA) are enforceable through a private action under 42 U.S.C. § 1983

1 federal appellate case on this question, each acknowledging the disagreement in its own words.

  1. Blanchard v. Morton School District509 F3D 934

    Ninth Circuit Court of Appeals · September 20, 2007

    “There is an existing circuit split on whether, with the amendment, Congress intended the IDEA rights to be enforceable under § 1983.” — Acknowledges a circuit split
    Empirical analysis of this case →

The provision at issue

42 U.S.C. § 1983 — Civil action for deprivation of rights
“Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or …”
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The other side of the split

Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.

What the split turns on

Anchor precedents:
Smith v. Robinson468 U.S. 992 ·
Winkelman
Statutes:
42 U.S.C. § 1983 ·
20 U.S.C. § 1400(d)(1)(A)-(B) ·
20 U.S.C. § 1415(b)(6) ·
20 U.S.C. § 1415(l)

Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.