or intertwined and then the third type would be that the lawsuit under the rehabilitation act or the constitution or the americans with disability act has really nothing to do with risk because there was a year to accommodate his needs his particular educational needs from his earlier question really i i don't agree but that helps you with like that i think w to look at individual counts complain how do we square the directive to look at the problem in the complaint the essence of the complaint with the complaint really about with what you're asking us to do which is basically happened with the football big had nothing to do with what goes on in the school nothing to do i thought it was all ordered or so of he had been discriminated against they were looking out for him the way they should have he of having a dispute and you've already said that in your view your dispute was went beyond the i c if you choose it it is between two parties to use language which is seems to be both americans with disabilities act section five zero four all require school districts as part of a student's educational program to make accommodations in extracurricular activities so they are not separate apart from the students educational program moments for accommodations so nice tying the school districts obligation which is an idea obligation which in the section five of the world patient to make accommodations across educational activities including extracurricular activities which would be the football a perceiving batu obligations that are incorporated be the fact that you can't separate participation in a need or enter collegiate high school athletic program from the student's participation in their were crossing guards outside the school and they're crossing guard that they hired was not train was not competent and actually directed my car into oncoming traffic and i was hurt visit with the school district's position be that's fate because school crossing guards are really and whether they're negligent or not and putting people into traffic that's really about education well with the school district to fake ok so it's not the mere fact that it's in the same complaint if you if you accept the argument he's making which is you could move point by point it's certainly possible that you could have a claim in a could be a cause of action that could potentially survive not fired by the idea yet so why should it be able to survive standing alone but be deciduous is if it happens to be account wears out there might be a  complete how does that make sense of it maybe i can posture a hypothetical that might be might be good but i'm falling maybe in my mind as was the school solicitor and you may have an allegation regarding a special education when you can separate the allegation of the child molestation nobody in their right mind would argue the child molestations part of the educational program you can separate that out that made me able to proceed talks about that such a scenario could occur outside the school setting and to someone other than a student should this cause of action be able to survive whether it's really nice is a different subject and  of considering whether the district court was right or not about it's true or stiction consider the settlement agreement i think certainly can it is affirmative defense but i th broadly drafted as i believe on it could be drafted in the context of straw and in context the bachelor it makes it clear that those id a claims there's section five before claims the eighty eight claims of the line when you're coming from but i think that you know who this court would not have jurisdiction over that well that's a good question but in this your your colleague it which is with you is if you rely upon this settlement to say it's futile i could have done anything how can we not consider the settlement agreement in the context of wondering whether we  started it and we still started the administrative process and we concluded that process by the settlement agreement well so are you or are you not considering settlement and the settlement adjudicated and in the context of a due process hearing under a fake may be so you wouldn't go through that process because it would be futile and i thought that the basis for your it was we can't go through the