To establish a claim under the ADA or Rehabilitation Act, a plaintiff must show: (1) he is a qualified individual with a disability; (2) he was denied a reasonable accommodation that he needs in order to enjoy meaningful access to the benefits of public services; and (3) the program providing the benefit receives federal financial assistance.  In addition, the plaintiff must show the defendant was deliberately indifferent to the plaintiff’s need for an accommodation.  Deliberate indifference requires both knowledge that a harm to a federally protected right is substantially likely, and a failure to act upon that likelihood.  Department of Education “Dear Colleague” letters to schools are not binding regulations and impose no duty on the recipient schools to make accommodations they suggest.  Here, plaintiff could not show deliberate indifference because he never asked for an accommodation against bullying by other students and the school was unaware that he was being bullied.