Perez v. Sturgis

This past March the United States Supreme Court issued a ruling that dramatically changed the avenues that parents can seek for a disabled student.

Prior to the Court’s ruling, a qualifying student under IDEA had to “exhaust” its claims under IDEA prior to being eligible for filing any other claim under federal law for relief. In this ruling the Court made it clear that the following provision only applied to relief that is available under IDEA.

“Except that before the filing of a civil action under such law seeking relief that is also available under this subchapter, the procedures under subsection (f) and (g) (IDEA) shall be exhausted”

After the Court’s ruling, ADA claims are available to parents, on behalf of their children, for monetary damages because monetary damages are not a “remedy” available under IDEA.

WHAT DOES THIS REALLY MEAN?

Parents have the option to file claims under “dual routes”. That is, while they are working with the school system under transitional IDEA claims, they can also file a suit under ADA for monetary damages.

At first it may seem like a complete windfall for parents of special needs children but it is more complicated than that. Under IDEA administrative hearings, the parent only needs to provide a complaint. Following the complaint the school then bears the bunden of showing that they provided FAPE to the student in the case.

Under a ADA claim in Federal Court, the parent not only will be responsible for providing the complaint but they will also bear the burden of proving their case. Additionally, the school district will have the ability to depose witnesses and conduct discovery, processes limited in a traditional IDEA administrative hearing.

At the end of the day each student’s case is fact intensive. If you are interested a consultation to determine if you have a claim, please reach out at info@tnedlaw.com.