Hon. David B. Saxe Co-Authors Article on New Development in Law of Special Education

Partner Hon. David B. Saxe (Ret.) and his wife, attorney Phyllis K. Saxe, recently co-authored an article in New York Law Journal entitled “A New Development in the Law of Special Education.” The authors discussed an important new Supreme Court decision that has clarified the importance of public school district compliance with the Individuals with Disabilities Education Act.

In the June 22 article, the authors express support for the Supreme Court’s decision in Perez v. Sturgis Public Schools, which held that those who have settled their claims under the Individuals with Disabilities Education Act (IDEA) may also pursue monetary damages against school districts under the Americans with Disabilities Act (ADA) for money damages without exhausting the administrative process provided under the IDEA, since the remedy sought is not one that the IDEA provides.

The authors detailed the case of petitioner Miguel Luka Perez, a deaf student, who was assigned an assistant in Michigan’s Sturgis Public School District who was not trained to work with deaf students and did not know American Sign Language. As a result, Miguel’s academic progress fell far behind his peers, and he was unexpectedly informed that he did not qualify for a diploma.

The Saxes wrote, “The decision has clarified the importance of public school district compliance with the IDEA, especially the obligation of school districts to monitor the progress of students with Individual Education Programs (IEPs). Specifically, this ruling may motivate public school districts to ensure that they are adequately monitoring and implementing IEPs because a failure in this regard may result in a potential liability for damages under the ADA.”

New York Law Journal subscribers, read the full article here.