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IDEA Americans with Disabilities Act (ADA)

Marshall Dennehey

Legal Update for Special Education Law – Case Law Update

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District Court dismisses IDEA claim because plaintiffs failed to exhaust administrative remedies under the IDEA for education-centric claim even though plaintiffs sought money damages....more

Dickinson Wright

U.S. Supreme Court Decides Perez v. Sturgis Public Schools

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The United States Supreme Court issued a decision in Perez v. Sturgis Public Schools, No. 21-887, opening the door for future claims against schools for compensatory monetary damages. In its unanimous opinion, the Supreme...more

Clark Hill PLC

Supreme Court’s Recent Decision: Perez v. Sturgis Public Schools

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The United States Supreme Court recently issued a unanimous decision, Perez v. Sturgis Public Schools et al., which provides clarification about the Individuals with Disabilities Education Act’s (“IDEA”) exhaustion...more

Franczek P.C.

U.S. Supreme Court Rules That IDEA Exhaustion Requirements Do Not Preclude Money Damages Under The ADA

Franczek P.C. on

The U.S. Supreme Court unanimously ruled in favor of a deaf student in Perez v. Sturgis Public Schools, 143 S. Ct. 81 (U.S. 2022), where the Court held that the Individuals with Disabilities Education Act (“IDEA”) exhaustion...more

Roetzel & Andress

Supreme Court Holds Districts May Be Sued for Damages Even When IDEA Administrative Process Is Not Exhausted

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The Supreme Court unanimously held in Perez v. Sturgis Public Schools, No. 21-887 (Mar. 21, 2023) that a student can sue for compensatory damages under the Americans with Disabilities Act (“ADA”) even when they have not...more

Miller Canfield

SCOTUS: Public School Children with Disabilities Can Get Compensatory Damages

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Can public school children with disabilities sue their schools for violations of the federal antidiscrimination statutes and collect compensatory damages before exhausting their administrative remedies under the Individuals...more

Fox Rothschild LLP

Supreme Court: Students With Disabilities May Be Able to Take Schools Directly to Court

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The U.S. Supreme Court has issued a decision in the case of Perez v. Sturgis Public Schools that would appear on first reading to expand the types of cases in which parents of students with disabilities can skip the...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Perez v. Sturgis Public Schools

On March 21, 2023, the Supreme Court decided Perez v. Sturgis Public Schools, No. 21-887, holding that the Individuals with Disabilities Education Act’s (IDEA) exhaustion requirement, 20 U.S.C. § 1415(l), does not preclude an...more

Epstein Becker & Green

Court Unanimously Holds That IDEA Administrative Remedy Requirements Do Not Preclude Compensatory Damages Under ADA: SCOTUS Today

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While the backlog of argued cases pending decision has been growing substantially, the Court rendered only one opinion today, and it was unanimous....more

Foster Garvey PC

U.S. Supreme Court Eliminates Exhaustion of Administrative Remedies Requirement for ADA Damage Suits Against School Districts

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Summary of the ruling (& its underlying alphabet soup): The federal Individuals with Disabilities Education Act (“IDEA”) requires school districts to provide their disabled students a Free Appropriate Public Education...more

Dorsey & Whitney LLP

The Supreme Court Update - March 21, 2023

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Today, the Supreme Court of the United States issued one decision: Perez v. Sturgis Public Schools, No. 21-887: This case considered whether a federal education law’s administrative exhaustion requirements precluded a...more

Tucker Arensberg, P.C.

COVID-19 Does Not Excuse Special Education Duties

Tucker Arensberg, P.C. on

A.N. v. Upper Merion Area School District, 2022 WL 3371612 (E.D. Pa. Aug. 16, 2022). The United States District Court for the Eastern District of Pennsylvania upheld a hearing officer’s award of 5.5 hours of compensatory...more

Franczek P.C.

Are Mask Mandates a Reasonable Accommodation?

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In Illinois, as universal masking is fading, the next question looms: what will the end of universal masking mean for staff and students with disabilities who are at high risk? Across the county, issues regarding universal...more

Bond Schoeneck & King PLLC

Parents File Nation-Wide IDEA Class Action Due to COVID-19 School Closures

Late last month, more than 100 parents of students with disabilities commenced a class action lawsuit in the U.S. District Court for the Southern District of New York against “every school district in the United States” and...more

Best Best & Krieger LLP

New Special Education Laws

Part 2: California Laws Impacting Schools and School Districts for 2020 - Last year brought many changes to the legal landscape affecting educators. In this Best Best & Krieger LLP Legal Alert series, we look at some of...more

Franczek P.C.

Gender Identity and Special Education

Franczek P.C. on

With the number of students who identify as gender non-conforming on the rise, many educators have questions regarding the supports and services that may be available to such students. This year at IAASE, Jennifer Smith and...more

Roetzel & Andress

Increased Focus For School Website Accessibility

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Recently, website accessibility has become a hot topic for schools across the country. Over the last year, the United States Department of Education, Office of Civil Rights (OCR), has escalated the legal expectation that...more

Chambliss, Bahner & Stophel, P.C.

High Court Says Girl with Special Needs Can Sue Over School's Refusal to Allow Service Dog

The family of a girl with cerebral palsy may sue her former school district for refusing to allow her service dog as a companion in school, the U.S. Supreme Court has ruled. The Michigan case revolved around whether the...more

Saul Ewing LLP

Higher Education Highlights - Spring 2017

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On March 28, 2017, the United States Supreme Court was poised to hear Grimm v. Gloucester County School Board—a case slated to meaningfully impact the rights of transgender students under Title IX. The Court certified two...more

Pullman & Comley - School Law

United States Supreme Court Defines Standard For Special Education: Endrew F. v. Douglas County School District RE-1

In a unanimous decision, the United States Supreme Court held that the Individuals with Disabilities Education Improvement Act (IDEA) requires school districts to provide special education students with “an educational...more

Hinshaw & Culbertson LLP

U.S. Supreme Court Clarifies Standards for Free Appropriate Public Education

In a unanimous decision, the U.S. Supreme Court issued its decision today on the appropriate standard for determining what constitutes a Free Appropriate Public Education (FAPE) in Endrew F. v. Douglas Cty. Sch. Dist. RE-1,...more

Maynard Nexsen

The Endrew Decision: A Better Educational Standard for Special Needs Students.

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March 22, 2017 will go down as a good day for parents, like me, who have a child in the public education system who has special needs. In a time when many of the exceptional children's programs in this state and in this...more

Rumberger | Kirk

US Supreme Court Determines Scope of the Administrative Exhaustion Requirement Under the Individuals with Disabilities Education...

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In Fry v. Napoleon Community Schools, No. 15-497, 2017 WL 685533 (U.S. Feb. 22, 2017), the United States Supreme Court held that administrative exhaustion under the Individuals with Disabilities Education Act was unnecessary...more

Pullman & Comley - School Law

A Kindergarten Student and Her Dog Named Wonder: What Rights Do Students Have To Service Animals In The Classroom?

What are the parameters for requiring schools to accommodate students’ service animals in the classroom? The United States Supreme Court recently turned prior thinking on this issue on its head, finding that even though a...more

Seyfarth Shaw LLP

Supreme Court Rules Title II and Section 504 Claims Can Proceed to Court Without Exhausting IDEA’s Administrative Processes In...

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Seyfarth Synopsis: The Supreme Court’s recent ruling in Fry v. Napoleon Comm. Schools limits IDEA’s exhaustion requirement to those cases which seek relief for a denial of FAPE allowing for some claims brought under Title II...more

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