Perez v. Sturgis Public Schools

Authors

Adriana A. Snedaker

Document Type

Article

Abstract

The Individuals with Disabilities Education Act' ("IDEA") is a law that requires all students with disabilities to be provided with a free and appropriate education. 2 More specifically, IDEA "governs how states and public agencies provide early intervention, special education, and related services to" disabled youth. 3 However, the remedies available under IDEA are limited. Common remedies for violations of IDEA include tuition reimbursement, compensatory education, and attorney's fees. 4 Because monetary compensation is not available under IDEA, disabled students often have to bring a claim under other federal statutes, such as the Americans with Disabilities Act ("ADA") in order to receive the full relief they are entitled to.

In Perez r. Sturgis Public Schools,5 the petitioner is a deaf student who attended school in the Sturgis Public School District from ages nine through twenty. 6 Petitioner alleges that the public school system failed to provide him a free and appropriate education, and instead inflated his grades and allowed him to move up grade by grade when he was not ready.7 Petitioner and his family brought an action under IDEA, which ultimately reached a settlement, granting petitioner "forward-looking relief," including compensatory education by Sturgis.8 Following the settlement, the petitioner sued in federal district court, seeking compensatory relief under the ADA.9 The district court dismissed the lawsuit, and the Sixth Circuit affirmed, stating that IDEA § 1415 requires the petitioner to exhaust the administrative remedies available through IDEA before bringing an action under another statute.10 The Supreme Court granted certiorari.

Recommended Citation

Snedaker, Adriana A. (2023) "Perez v. Sturgis Public Schools," Tennessee Law Review: Vol. 90: Iss. 2, Article 15.
Available at: https://ir.law.utk.edu/tennesseelawreview/vol90/iss2/15

Publication Date

2023