The Special Education Administrator’s News Digest: Spring 2023 Issue 2
Special education news special education administrators need to know in 350 words or less, delivered bimonthly.
In most editions, we cover the top 3–5 most important stories. In this Special Edition, we focus solely on the recent Supreme Court ruling in Perez v. Sturgis Public Schools.
Supreme Court Unanimously Rules in Perez v. Sturgis Against School District in Special Education Case
The Supreme Court on March 21, 2023 unanimously ruled against Sturgis Public Schools, opening the door for dual-track litigation under both IDEA and ADA (and/or Section 504). With the ruling, IDEA administrative processes do not need to be exhausted prior to filing a suit and pursuing monetary damages under ADA.
School district advocates fear that this Supreme Court decision will undermine the collaborative nature of the IDEA process, and will shift the parties’ focus to money rather than students’ educational needs, will waste money on litigation that could be more efficiently be spent on students themselves, and will discourage settlements by making them more expensive.
For different perspectives on the Supreme Court decision, read these pieces from the following publications:
- The 74
- Amicus Brief filed by AASA, CASE NAPSA and others
- Congressional Research Service
- EdWeek
- Disability Scoop
- K-12 Dive (1)
- K-12 Dive (2)
To learn more about how this SCOTUS decision will impact your day-to-day work as a special education administrator, watch this overview video by John Comegno, Esq.
