The U.S. Supreme Court has agreed to hear an Individuals with Disabilities Education Act case that could impact how parents of students with disabilities and their public school districts approach the dispute resolution and settlement process. In Perez v. Sturgis Public Schools, judges will consider whether individuals who have entered into a settlement resolving their IDEA claims must further exhaust the IDEA’s administrative process before filing a lawsuit under the Americans with Disabilities Act. The case also addresses whether the requirement to exhaust IDEA’s administrative remedies before filing suit under IDEA applies to an Americans with Disabilities Act suit seeking only money damages that are not available under IDEA.
SCOTUS Case Could Change Special Education Dispute Resolution, Settlement Processes
by Dan DeMarle | Jan 10, 2023 | Legislation, Legislative Advocacy, Special Education