The 9's got one right

 The 9’s got one right

 

The U.S. Supreme Court ruled unanimously in favor of a student and his family.  The case involved a boy who is deaf and his case against the Sturgis Public Schools in Michigan for failing to provide him with a sign language interpreter for his 12 years in school.   His family was led to believe he would be receiving a high school diploma, but was told just a couple of months prior to graduation that he would be receiving a certificate of completion instead.

The family was able to reach a settlement under the Individuals with Disabilities Act (IDEA).  They subsequently filed for monetary damages under the Americans with Disabilities Act  (ADA).  Lower courts had ruled that because the family had accepted the IDEA settlement they could not also sue under ADA.  Instead, they should have exhausted all options under IDEA.  IDEA does not provide for monetary damages; ADA does.

But the Supreme Court justices unanimously disagreed on the family’s options, specifically mentioning that IDEA does not provide for monetary damages but ADA does.   Justice Gorsuch pointed out that exhausting administrative remedies would only apply if the same remedies were available under both federal laws.  But they are not.  Gorsuch noted in the ruling that lower courts have had different opinions on the issue but now the issue is settled.

Lawyers for the student had argued that a ruling for the school district would have prevented families from making IDEA settlements because that would foreclose their ability to proceed under other laws that allowed for monetary damages.

One of the senior advocates for The Arc was among other amicus briefs supporting the family.  She stated “the decision removes unnecessary burdens from families seeking relief and helps ensure that students with disabilities and their parents are able to pursue every avenue of justice available to them when their civil rights are violated.”

The decision clearly separates the two major federal laws supporting children with disabilities.   Now parents can access both major statues protecting children with disabilities.  The Supremes got this one right.