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Supreme Court rules for deaf student who says school district failed him

Discussion in 'BBS Hangout: Debate & Discussion' started by Andre0087, Mar 22, 2023.

  1. Andre0087

    Andre0087 Member

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    The Supreme Court on Tuesday sided with a deaf student who alleges his Michigan school district failed to provide him with an adequate education and should have to pay monetary damages.

    Justice Neil M. Gorsuch wrote for a unanimous court that Miguel Luna Perez could pursue an Americans With Disabilities Act claim against the Sturgis Public School District even though he was also seeking help under another federal program, the Individuals with Disabilities Education Act, which seeks to ensure children with disabilities receive a free and appropriate public education.

    The technical question for the justices was whether Perez had to exhaust all of the administrative procedures required under IDEA before he could sue under another law.

    Gorsuch said no. Nothing in IDEA “bars his way” from an ADA lawsuit, Gorsuch wrote, adding that answering the question “holds consequences not just for Mr. Perez but for a great many children with disabilities and their parents.”


    Perez attended Sturgis schools from ages 9 through 20, and the school system agreed to provide him with aides to translate lessons into sign language. But Perez and his parents contend the aides were often absent or unqualified — one was attempting to teach herself sign language even as she was working with Perez.

    They say the school district inflated Perez’s academic progress, making the Perez family believe he was on track to graduate. But months before graduation, they learned he would not get a diploma. They filed a complaint with the Michigan Department of Education.


    “They alleged that Sturgis had failed its duties under IDEA and other laws,” Gorsuch wrote. “Shortly before an administrative hearing, the parties reached a settlement. Under its terms, Sturgis promised to provide Mr. Perez all the forward-looking equitable relief he sought, including additional schooling at the Michigan School for the Deaf.”

    But the Perez family sought “backward-looking relief” as well, Gorsuch wrote, “in the form of compensatory damages.”

    Lower courts had agreed with the school system that Perez could not bring an ADA claim “without first exhausting all of IDEA’s administrative dispute resolution procedures.”

    But the Supreme Court said lower courts were wrong to rule that way, because the ADA provides a remedy that everyone agrees IDEA does not — monetary damages.


    https://www.washingtonpost.com/politics/2023/03/21/supreme-court-deaf-student-ada/

    https://www.supremecourt.gov/opinions/22pdf/21-887_k53m.pdf


    Glad to hear some positive news from this new Supreme Court.
     
  2. LosPollosHermanos

    LosPollosHermanos Houston only fan
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    **** that school, they get paid more for special needs students regardless of if they get proper accommodations
     
    Xerobull likes this.
  3. KingCheetah

    KingCheetah Contributing Member

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    Has this kid tried listening harder? Zoomers want everything on a silver platter.
     
    Xerobull likes this.
  4. Xerobull

    Xerobull You son of a b!tch! I'm in!

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    Story checks out. There’s a lot of unqualified, opinionated people running school districts. The power goes to their heads and they get stubborn and they lie.

    For example, my wife’s school district (where she works) refused to cover my niece on their self funded health insurance even though we had the correct guardianship paperwork. Their response was ‘if we let her do it, anyone could do it’, which is a really asinine thing to say, because obviously everyone in that completely legal situation should be able to cover their kids. Rather than fight it, we switched to my insurance which was far superior anyway. My wife didn’t want to rock the boat because she was building her career there.

    Another time her principal refused to let our 4yo come to pre-k on the pretense that her rule was that she didn’t allow any of her staff to do that without exception. Our 4yo has speech issues due to speech delay caused by some partial deafness for about a year due to needing tubes in his ears and being in a school with speech therapists would have been huge for him. Then a teacher transfers in who is related to the superintendent and her 4yo is allowed to come on to pre-k. So instead of my son getting the speech therapy he needs for free via public school, we have to pay for therapy and take him to the local school once a week instead, on top of paying for daycare. That was about a $20k hit, again because my wife didn’t want to rock the boat.

    So school districts are full of ****. They’re politically driven and there are massively stupid people calling the shots. I hope this district gets its ass handed to them in court. Disgraceful.
     
  5. StupidMoniker

    StupidMoniker I lost a bet

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    Imagine if the parents could have taken him (and the tax dollars associated with him attending the school) to a different school that was specifically targeted at meeting his needs. Wouldn't that be great? Then he would have the necessary accommodations available to him and some random public school that isn't set up for it wouldn't be on the hook for it. The parents could have a choice of schools. Perhaps they could signify the transfer of those tax dollars with some kind of document, like a voucher.
     
  6. rocketsjudoka

    rocketsjudoka Contributing Member
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    What if there are no other schools near them that meet that meet those needs?
     
  7. Air Langhi

    Air Langhi Contributing Member

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    Why should tax dollars go toward kids? I think we need to cut taxes.
     
  8. JuanValdez

    JuanValdez Contributing Member

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    I can't say private schools are any better at accommodating people with disabilities from my personal experience. Maybe a school whose explicit mission is to provide services for the disabled, like that Michigan School for the Deaf.
     
  9. StupidMoniker

    StupidMoniker I lost a bet

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    The current school near them doesn't meet those needs, so he would be no worse off, he would just have the added option of going to a school further away that did.
     

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