April 11, 2023
U.S. Supreme Court Approves Lawsuits Seeking Money Damages for Alleged Denials of FAPE
Last month, the United States Supreme Court issued a unanimous decision in Perez v. Sturgis Public Schools, 598 U.S. ___, 143 S. Ct. 859 (2023), a case involving a claim that the school district at issue failed to provide a deaf student a free appropriate public education (FAPE) by utilizing unqualified interpreters and misrepresenting his educational progress. After settling certain claims, the plaintiffs filed a lawsuit in federal court seeking monetary damages under the Americans with Disabilities Act (ADA). Perez addressed the question of whether the plaintiffs were first required to exhaust, i.e. pursue all, administrative remedies available under the Individuals with Disabilities Education Act (IDEA) before filing their ADA claim.