Perez v. Sturgis Public School (2023): The Supreme Court Rules on the Special Education Exhaustion Requirement

Abstract

The U.S. Supreme Court has heard several cases regarding special education. These cases have resulted in decisions that have addressed issues involving special education programming and procedural issues. On March 21, 2023, the U.S. Supreme Court issued a unanimous ruling in Perez v. Sturgis Public Schools. This decision, which was the most recent special education case heard by the highest court in the United States, involved litigation in special education. In this brief article, we address the Supreme Court’s decision in Perez by (a) examining the background of the case, (b) reviewing the decision by the lower courts and the U.S. Supreme Court, and (c) discussing the implications of the case for special educators.

Keywords

Law legal policy

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References

Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (1990).

Arlington v. Murphy 548 U.S. 291 (2006).

Board of Education of Hendrick Hudson Central School District v. Rowley, 458 U.S. 176 (1982).

Burlington Sch. Committee v. Mass. Bd. of Ed., 471 U. S. 359 (1985).

Civil Rights Act of 1871, Section 1983, 42 U.S.C. § 1983 (1871).

Cedar Rapids Community School District v. Garret F., 526 U.S. 66 (1999).

Congressional Research Services (2023). Perez v. Sturgis public schools: The Supreme Court considers a futility exception to IDEA administrative exhaustion. https://crsreports.congress.gov/product/pdf/LSB/LSB10907

Endrew

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10.

Fry v. Napoleon Community Schools, 580 U.S. 154 (2017).

11.

Honig v. Doe, 484 U.S. 305 (1988).

12.

Individuals with Disabilities Education Act, 20 U.S.C.§ 1415 et seq.

13.

Irving Independent Sch. Dist. v. Amber Tatro, 468 U.S. 883 (1984).

14.

Perez v. Sturgis Public Schools, 3 F.4th 236 (6th Cir. 2021), Supreme Court slip opinion retrieved from https://www.supremecourt.gov/opinions/22pdf/21-887_k53m.pdf

15.

Schaffer v. Weast, 546 U.S. 49 (2005).

16.

SCOTUSblog (2023) Perez v. Sturgis. https://www.scotusblog.com/case-files/cases/perez-v-sturgis-public-schools/

17.

Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq. (1973).