Special Education Legal Challenges: Sturgis vs Perez May Benefit Many Kids
In March of this year, the Supreme Court found 0–9 in favor of Perez, a student failed by their school district.* This is creating a clear opportunity for some of our most neglected special education students.
It is not uncommon in our current system, for school districts to fail to identify kids with learning disabilities while at the same time advancing a failing student from grade to grade. Students then leave high school without the skills they need to function in society, to earn an income, or to advance their learning to improve their economic potential.
The first recourse for such a student (up to age 21) is to file a case under the Individuals with Disabilities Education Act. (IDEA) For this you’d want a good education lawyer. If the student wins, or a settlement is made, then the school district can be forced to provide “remediation services.” As an example, let’s say a student has dyslexia, but was either never identified or never provided evidenced based dyslexia instruction. They did not learn to read or are reading well below where their IQ suggests they should. Yet, they were passed forward to graduation or a certificate of completion. Remediation may say that the school district must now send the student to a school for dyslexia or provide tutoring services. What you can’t do under IDEA law is ask the court for damages, or financial compensation, for the loss of income due to failed district schooling for the learning disability.
However, under the Americans with Disabilities Act (ADA) you can file for financial damages.
“The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in several areas, including employment, transportation, public accommodations, communications and access to state and local government programs and services.”**
If a school district failed to provide access to education based on a student’s disability then they have violated ADA law. If the student has first filed under IDEA to obtain remediation services, then afterwards they can file, under the ADA, for lost wages and income that was a result of the school failure.
Previously, some higher district level courts would block the right to file under ADA if the student had reached a settlement for remediation through IDEA. Sturges vs Perez establishes that a student can still file an ADA case even after taking a settlement under IDEA.
As a result, I expect we will see more cases of students filing, under the ADA, for financial compensation when they have been graduated without having received the special education services to which they were entitled. This will hopefully create real pressure on school districts and the state to find and provide services to kids with learning disabilities.***
Coming soon: Stories from professionals, parents, and students.
I’m working on a book about special education and seeking families, teachers, and school professionals with stories to tell. If you’ve been through this struggle, I’d love to hear from you. Everything will, of course, be confidential. You can reach me at: 241kcawley@gmail.com
*Scotus Update Perez V Sturgis Secures A Supreme Court Win For Disability Rights
***I am not a lawyer, and this is not legal advice. Contact a good education lawyer for consultation if you feel you may have just cause.
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