A New York federal district court denied in part the New York State Education Department’s motion to dismiss failure to accommodate claims under the Rehabilitation Act brought by a teacher with a physical disability that limits mobility, finding that while sovereign immunity bars the Americans with Disabilities Act and New York State Human Rights Law claims, the NYSED may bear supervisory liability for the Mount Vernon City School District’s alleged violations of the Rehabilitation Act due to its receipt of federal funds and supervisory position over the school district.
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