Whether the Gebser standard applies to the Rehabilitation Act

QUESTIONS PRESENTED A claimant may assert a claim for monetary damages under the Rehabilitation Act if there was intentional discrimination. Barnes v. Gorman, 536 U.S. 181 (2002). However, neither this Court nor Congress have set clear parameters for claiming such damages. Over the years Circuit Courts adopted varying standards. Both the Second and Eleventh Circuits have interpreted this Court’s standard in Gebser v. Lago Vista Independent School District to apply to the Rehabilitation Act. However, as of this year and specifically stemming from this case, the Second and Eleventh Circuit split an already fragmented Rehabilitation Act standard regarding the definition of “official.” The questions presented are: 1. Whether the Gebser standard, requiring an official decision from an entity to impose monetary damages, applies to the Rehabilitation Act. 2. Whether the Second Circuit erroneously defined “official” under that standard.