Beth Morris and Reagan Sauls co-authored an article in Bloomberg Law about the impact of Perez v. Sturgis Public Schools on school disability claims, noting that districts should anticipate increased litigation and revise their risk analysis process.
"On March 21, the US Supreme Court handed down a unanimous decision in Perez v. Sturgis Public Schools that significantly changed the landscape for claims brought pursuant to the Individuals with Disabilities Education Act and the Americans with Disabilities Act," they wrote. "While many questions are still unanswered, school districts need to anticipate some outcomes in these cases."
"Until this ruling, parents and students were required to 'exhaust administrative remedies' prior to filing suit and seeking damages if the 'relief is also available under [the IDEA],'” they continued.
"Thus, unless complainants exhausted all administrative remedies otherwise available under IDEA, they could not move forward with a civil action. This included monetary damages not available under IDEA," they wrote.
Subscribers can read the full article here: Supreme Court Decision Muddies Disability Actions in Schools
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