A recent decision of the United States Supreme Court in the field of special education law, Perez v. Sturgis Public Schools, et. al. (598 U. S.____, 143 S. Ct. 859 [2023]), held that those who have settled their claims under the Individuals with Disabilities Education Act (IDEA), may also pursue monetary damages against school districts under the Americans with Disabilities Act (ADA) for money damages without exhausting the administrative process provided under the IDEA (Section 1415), since a money damages remedy under the ADA was unavailable under the IDEA.

The decision has clarified the importance of public school district compliance with the IDEA, especially the obligation of school districts to monitor the progress of students with Individual Education Programs (IEPs).

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