Courts split on therapy costs under Title VI

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted August 31, 2023 11:41 AM

Based on the U.S. Supreme Court’s 2022 decision in Cummings v. Premier Rehab, Darnisha Garbade’s minor daughters — M.R. and L.H. — aren’t entitled to emotional distress damages under 42 U.S.C. Sec. 2000d for racially motivated peer-to-peer harassment at their elementary and high schools in Wisconsin.Administrators allegedly knew about and failed to stop the racist bullying.Trying to salvage the “Title VI” claim, Garbade argued Cummings doesn’t block recovery for cost of providing the girls with therapy. And at the very …

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