Students With Disabilities and Section 1983 of the Civil Rights Act of 1871.

This article focuses on the increasing use of Section 1983 of the Civil Rights Act of 1871 by guardians of U.S. students with disabilities to seek legal remedies beyond those available under the Individuals with Disabilities Education Act (IDEA). Section 1983 allows individuals to sue for violations of constitutional rights by persons acting under state law, including claims for monetary damages, and recent case law illustrates issues such as exhaustion of administrative hearings, failure to train or supervise school personnel, and qualified immunity. The article highlights implications for school districts and teacher preparation programs, emphasizing the need for evidence-based training, supervision, and behavioral supports to protect students' rights and reduce costly litigation. It also discusses the importance of culturally responsive conflict resolution and the integration of legal and behavioral knowledge in teacher education to better serve students with disabilities.