News

United States Supreme Court Opens the Door for Special Education Students’ Right to Bypass Due Process Hearings When Also Suing School District for Money Damages Under ADA: Perez v. Sturgis Public Schools, 598 U.S. ___(2023)

In a unanimous ruling issued on March 21, 2023, the United States Supreme Court decided in favor of a 27-year-old deaf student who sued his Michigan school district, claiming he was denied the services of a qualified interpreter for years, and was misled by teachers and administrators about his progress in school. The student, Miguel Perez, only sought monetary damages. The Court held that he was free to sue the district for money damages due to discrimination under Title II of the Americans with Disabilities Act (ADA). The Court found that he did not have to “exhaust his administrative remedies,” prior to bringing such an action for damages. The doctrine of exhaustion of administrative remedies in a case involving the rights of a disabled student requires a litigant to file and complete a due process hearing before an agency like the Bureau of Special Education Appeals (BSEA) on all claims stemming from a school district’s requirement to provide a student with a Free Appropriate Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA).

United States Supreme Court Rejects Parent's Appeal to Video Tape Special Education Team Meetings

On June 10, 2024, the United States Supreme Court (USSC) denied Scott Pitta’s petition for writ of certiorari. This means that the lower First Circuit ruling, denying parents any claim of entitlement to video tape team meetings, or to treat team meetings as a “public forum”, stands as the law governing this area. Attorney Peter Mello of Murphy Hesse Toomey & Lehane successfully defended the Bridgewater/Raynham School District throughout the litigation in the federal courts.

Legal Updates

United States Supreme Court Rejects Parent's Appeal to Video Tape Special Education Team Meetings

On June 10, 2024, the United States Supreme Court (USSC) denied Scott Pitta’s petition for writ of certiorari. This means that the lower First Circuit ruling, denying parents any claim of entitlement to video tape team meetings, or to treat team meetings as a “public forum”, stands as the law governing this area. Attorney Peter Mello of Murphy Hesse Toomey & Lehane successfully defended the Bridgewater/Raynham School District throughout the litigation in the federal courts.

News

United States Supreme Court Opens the Door for Special Education Students’ Right to Bypass Due Process Hearings When Also Suing School District for Money Damages Under ADA: Perez v. Sturgis Public Schools, 598 U.S. ___(2023)

United States Supreme Court Rejects Parent's Appeal to Video Tape Special Education Team Meetings

United States Supreme Court Rejects Parent's Appeal to Video Tape Special Education Team Meetings

Braintree, MA

Boston, MA

Quincy, MA

News

United States Supreme Court Opens the Door for Special Education Students’ Right to Bypass Due Process Hearings When Also Suing School District for Money Damages Under ADA: Perez v. Sturgis Public Schools, 598 U.S. ___(2023)

United States Supreme Court Rejects Parent's Appeal to Video Tape Special Education Team Meetings

United States Supreme Court Rejects Parent's Appeal to Video Tape Special Education Team Meetings

Braintree, MA

Boston, MA

Quincy, MA

Join Our Newsletter