In my last post, I talked about how some laws have a claim exhaustion requirement. Claim exhaustion refers to the idea that a suing party must try all of the available remedies for one law before they sue under another law. In the IDEA’s case, that means parents have to take their case all the way to an independent hearing. That hearing’s outcome could put an end to the litigation — before other laws like the ADA could be invoked.
Read MoreWe’ve been scooped! On the day this newsletter was set to go out, the Supreme Court handed down the decision in Perez v. Sturgis Public Schools. The justices voted unanimously in favor of the student and his right to sue under the ADA — without exhausting his IDEA claims.
Read MoreApril is always my busy month for hearings. Everybody hopes that their case is going to settle in the fall, and a lot of them do. Come February and March, schools start talking about down payments on the next year's tuition.
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