Recently, the Supreme Court of the United States, in a unanimous opinion in Perez v. Sturgis Public Schools (written by Justice Gorsuch), ruled that plaintiffs can pursue relief under laws to the extent that doing so does not seek relief under the Individuals with Disabilities Education Act (“IDEA”). Among the reasons why this decision is notable, two stand out.
- First, Plaintiffs no longer need to exhaust the IDEA’s administrative process when–and this is important–the relief being sought is not available under the IDEA. Relief not available under the IDEA, for example, includes damages. But where a parent seeks tuition reimbursement (i.e. when they remove their child from the district and unilaterally place them in a private school), that relief is available under IDEA. Requesting that relief therefore would require the parent to proceed via the IDEA’s administrative process.
- Second, no longer do parents need to wait until the administrative process under IDEA is complete before heading to court. Sometimes parents are eager to get their “day in court” and not merely have their case heard in the first instance by a hearing officer. To put a finer point on it: You can expect to see more school districts and administrators named as defendants in lawsuits filed in federal court.
To be sure, Perez does not answer every legal question that will arise (particularly as it relates to damages). But Perez does unlock another avenue that students and parents can travel to pursue justice. And that is a very good thing.
If your child is not receiving the education that they should, request a consultation today to learn more about how we can work together to seek all remedies available under IDEA and other civil-rights laws.
