With no explanation, chose the best option from "A", "B", "C" or "D". subjected to discrimination” by a federally funded entity, 29 U.S.C. § 794.) In the education context, it has been interpreted to guarantee the same “free appropriate public education” required by the IDEA. Nieves-Marquez v. Puerto Rico, 353 F.3d 108, 125 (1st Cir.2003) (both '“statutes may be available to redress particular denials of a free appropriate public education,” and “apply similar standards for substantive relief’); Ms. S. ex rel. L.S. v. Scarborough Sch. Comm., 366 F.Supp.2d 98, 99 n. 2 (D.Me.2005). Despite this similarity, however, the First Circuit has stated that “it may be that § 504 claims require some showing of deliberate indifference not required by IDEA.” Nieves-Marquez, 353 F.3d at 125 n. 17 (citing Sellers by Sellers v. Sch. Bd., 141 F.3d 524, 529 (4th Cir.1998) (<HOLDING>) (citation omitted)). In this case, however,

A: holding that bad faith andor prejudice must be shown by clear and convincing evidence
B: holding that either bad faith or gross misjudgment should be shown before a  504 violation can be made out at least in the context of education of handicapped children
C: holding that a bad faith claim is a tort
D: holding that the term in fact within the context of the exclusion here should be read to require either a final adjudication including a judicial adjudication or at a minimum at least some evidentiary proof
B.