Overview 

Admittingly, I’m not able to describe all of the sections of IDEA. So, for us to answer this legal case study question, let’s first describe Section 1415I. This section mandates many common practices that school psychologists are familiar with, such as use of procedural safeguards and parent rights. Specifically, Section 1415I describes administrative procedures common in lawsuit pursuits, including pieces like resolving complaints, financial considerations for lawyers, and others. These procedures are sometimes referred to as exhaustive processes critical in FAPE-based lawsuits. Under Section 1415I, it may be argued that all exhaustive procedures need to be addressed before a party can seek monetary compensation rooted under other laws (e.g., Americans with Disabilities Act [ADA]). 

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Section 1415I has resolved other special education lawsuits in favor of a school district (i.e., the school and parent parties find resolution during the administrative procedures and before filing a lawsuit). However, the US Supreme Court interpreted this section differently in this highly talked about 2023 lawsuit (Google it. It’s crazy!) Are the Section 1415I Exhaustion Requirements necessary before seeking monetary compensation from other laws? Probably not, according to a unanimous US Supreme Court justices vote. 

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Key Terms Related to this Case 

• Americans with Disabilities Act (ADA): Originally passed in 1990, but revised in 2008, ADA aims to protect individuals with disabilities from discriminatory actions. ADA applies to services and accommodations with an employer or school setting. 

• IDEA Exhaustion Requirements Section 1415I: Broadly refers to the due process procedures, such as negotiations between schools and parents and other administrative procedures. These procedures are applicable for any case when a party “seek(s) relief available under IDEA.” A case may be dismissed if these procedures are not followed, and IDEA Exhaustion Requirements can apply to cases rooted in IDEA, Section 504, or ADA complaints. 

• Certificate of Completion: Awarded to students who complete some of the high school requirements, but not all of the requirements for a diploma. These students do not officially graduate, but they may continue to pursue a diploma. Read more about this here. 

 

Perez vs Sturgis Public Schools, Michigan 2023 

This case centers around a student who is deaf and attended a Michigan public school throughout his educational experience. He was assigned a classroom aid for sign language interpretation throughout his education, but he argued that the aid was not appropriately versed in sign language and that the aid was frequently not present in his classroom to support him. He and his family filed an official complaint after being offered a Certificate of Completion and not an official High School Diploma. The student wanted monetary compensation and additional schooling to obtain his diploma. 

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The school and student came to an agreement early in complaint processes. The student would receive compensation and the school district would cover costs for the student to attend the local School for the Deaf and Blind in order to obtain his high school diploma. In other words, the student and school had “settled” the dispute. This piece is critical, because it complicated the student’s ability to argue for additional compensation and further the lawsuit. Thus, the case first went through the MI courts, but there were disagreements about the interpretation of Section 1415I. Thus, the case moved to the US Supreme Court for final decision. 

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Court decision. Members of the US Supreme Court unanimously voted that the additional administrative procedures detailed in Section 1415I of IDEA were not necessary for the student’s case to be considered under ADA and for further monetary compensation to be considered. Many justices wrote about how the terms “remedy” and “relief” discussed in the Section 1415I are synonymous to each other and ultimately that the student’s rights are to be enforced. In other words, the exhaustive processes are not necessary to pursue before a legal pursuit if the complaints could be filed under ADA. One justice wrote that “because IDEA does not provide compensatory damages, (this section) does not foreclose (the) ADA claim,” and separated IDEA and ADA in the eyes of the law.  

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Ethical Considerations: Questions to Practice 

• Have you been in cases where the Exhaustive Procedures are needed? Does this case change how that situation would be handled? 

• NASP Ethical Code: Standard IV.2.1 Understanding Workplace Systems: “School psychologists recognize that awareness of the policies, procedures, and legal requirements of their particular workplace is essential for effective functioning within those settings.”Do you feel confident with all the pieces of IDEA or ADA to help guide appropriate legal decisions in practice?