What will the 9 Justices do?

 What will the Nine Justices do?

 

Parents of children with disabilities have two laws that protect and defend their children.  One is IDEA, Individuals with Disabilities Education Act.   This law provides for each child with a disability to receive a free and appropriate education at public expense, better known as FAPE.   It does NOT provide for any monetary compensation.  The law also requires that families exhaust all administrative avenues before moving to the judicial system to address their concerns.

Then there is the Americans with Disabilities Act (ADA) which does allow for monetary compensation.

The family of a child who is deaf sued the Sturgis Public Schools in Michigan for failing to provide their son with a qualified sign language interpreter.  The school district and the family resolved their claims of discrimination and failure to provide FAPE.   The family then followed that up with a suit requesting damages through ADA.   The Sixth Circuit Court of Appeals rejected the claim saying that by accepting the IDEA settlement the family had not fully exhausted their options under IDEA and, therefore, could not make claims under ADA.

The family has said that the Sixth Circuit’s decision requires families to turn down all IDEA settlements and forgo their ability to immediately receive an IDEA-mandated FAPE if they want to pursue their non-IDEA related issues.

More than a dozen advocacy groups, former staff members of the U.S. Office of Education and professors in disability law have filed amicus briefs on the family’s behalf.  Family advocacy groups say the lower court’s decision will further burden families requiring them to jump through more hoops to get the benefit of both laws for their children.

On the other hand, several groups representing school leaders have filed briefs on the side of the school district.  School districts and administrator groups say to support the family will create a culture of litigation rather than what is in the child’s best interest. 

The Supreme Court is expected to hand down its decision when it adjourns for the session in June.