JOURNAL ARTICLE

Perez v. Sturgis Public School (2023): The Supreme Court Rules on the Special Education Exhaustion Requirement.

  • Published In: Intervention in School & Clinic, 2024, v. 60, n. 1. P. 70 1 of 3

  • Database: Academic Search Ultimate 2 of 3

  • Authored By: Yell, Mitchell L.; Couvillon, Michael A.; Katsiyannis, Antonis 3 of 3

Abstract

This article focuses on the U.S. Supreme Court's unanimous 2023 ruling in Perez v. Sturgis Public Schools, which clarified procedural requirements under the Individuals with Disabilities Education Act (IDEA) for lawsuits filed under the Americans with Disabilities Act (ADA). The Court held that plaintiffs seeking monetary damages under the ADA are not required to exhaust IDEA's administrative due process procedures when such damages are unavailable under IDEA. This decision, building on the 2017 Fry v. Napoleon Community Schools ruling, distinguishes between claims seeking relief available under IDEA and those seeking remedies like monetary damages under other federal laws. The ruling has implications for special education litigation, potentially increasing lawsuits for monetary damages and influencing settlement negotiations between parents and school districts.

Additional Information

  • Source:Intervention in School & Clinic. 2024/09, Vol. 60, Issue 1, p70
  • Document Type:Article
  • Subject Area:Law
  • Publication Date:2024
  • ISSN:1053-4512
  • DOI:10.1177/10534512231204302
  • Accession Number:179766883
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