On March 21, 2023, the Supreme Court unanimously decided that a student who had a disability could sue his school for damages over lapses in his education. The Court held that the school had failed to provide Perez with a Free and Appropriate Education (FAPE). Perez was deaf and was enrolled in Sturgis Public Schools in Michigan. Perez brought home As and Bs on his report cards however when it came time for him to graduate, the school refused to give Perez a high school diploma. Perez’ parents also learned that none of the educational aides assigned to Perez during school hours did not know sign language. The case focused on the IDEA (Individuals with Disabilities Act) and the ADA (Americans with Disabilities Act). The Court held that Perez did not have to exhaust all requirements of the IDEA process prior to suing the school District for damages under the ADA. (Article published by John Fritze USA Today March 21, 2023).
Perez attended public school however due to his disability, he was not able to communicate with anyone for hours. Although Perez was never able to grasp the curriculum, he was passed to each grade level. The initial complaint was filed by Perez against the Michigan school district. In response to the complaint, the school offered to pay for Perez to attend the Michigan School for the Deaf. Perez’ family then sued under the ADA seeking damages based on the district failing to provide Perez with a Free and Appropriate Education (FAPE). The school district alleged that because a settlement was reached by the parties under the IDEA, Perez could not sue under the ADA. The case eventually landed in the Supreme Court.
The lawyer (Raman Martinez) who argued the case on behalf of Perez said that the court’s ruling “vindicates the rights of students with disabilities to obtain full relief when they suffer discrimination.” The Supreme Court’s unanimous ruling in Perez clearly demonstrates that parents of children with disabilities are not foreclosed from suing and receiving damages from school districts who ignore the requirements under the federal law. The Court’s ruling also includes administrative procedures for resolving disputes concerning a free and appropriate education (FAPE) Perez v. Sturgis Public Schools 598 U.S________ (2023)
The Perez case demonstrates the schools have an obligation to provide services to students under the IDEA as well as the ADA. Parents may seek appropriate remedies under the IDEA and in addition may seek damages under the ADA from a school district that refuses to provide adequate services tailored toward a student’s specific disabilities which effect his/her ability to access the academic curriculum.
If you have a student who receives special education services which you believe a deficient, The Law Office of Lynndolyn Mitchell PC consistently advocates for students who receive services due to their disabilities.
