Whether a student with disabilities can obtain an injunction to restart medical education and whether the standard for intentional discrimination under Section 504 requires deliberate indifference or discriminatory animus

QUESTIONS PRESENTED Section 504 of the Rehabilitation Act (“Sec. 504”) provides that “[n]o otherwise qualified individual with a disability” shall “be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” 29 U.S.C. § 794(a); see 34 C.F.R. § 104.4(a). “[Alid[s], benefits, and services,” to be equally effective, “must afford handicapped persons equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement [as non-handicapped persons], in the most integrated setting appropriate to the person’s needs.” 34 C.F.R. § 104.4(b)(2). Similarly, Title III of the Americans with Disabilities Act (“Title IIT’) guarantees individuals with disabilities “the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation,” 42 U.S.C. § 12182(a), and prohibits providing an “opportunity to participate in or benefit from a good, service, facility, privilege, advantage, or accommodation that is not equal to that afforded to other individuals,” 42 U.S.C. § 12182(b)(1)(A)@i). The questions presented are: 1. Whether, under Sec. 504 and Title ITI, a student with disabilities may obtain as relief an injunction permitting him to restart his medical education afresh, including grade expungement. 2. Whether, under Sec. 504, the standard for showing intentional discrimination to recover compensatory damages is deliberate indifference or a potentially higher standard, such as discriminatory animus, and whether Petitioner's pleadings have met either standard. i \