U.S. Supreme Court building in Washington, D.C. Sept. 30, 2022. Photo: Diego M. Radzinschi/ALM School Districts Should Prepare for a Flood of Litigation Following U.S. Supreme Court's 'Perez' Special Education Decision
The court's decision in this case has significant implications for school districts, including the likelihood of more, and more costly, litigation in federal courts.
March 29, 2023 at 03:40 PM
6 minute read
Commentary
The U.S. Supreme Court sent shockwaves through school districts with its recent unanimous decision that the Individuals with Disabilities Education Act (IDEA)'s exhaustion requirement does not prevent plaintiffs from suing directly in court when the relief sought—in this case, compensatory damages—is not available under the IDEA, even when the root of the claim is still the denial of a Free and Appropriate Public Education (FAPE).
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