Friday, June 2, 2023
The United States Supreme Court in Perez v. Sturgis Public Schools (U.S. 03/21/23) unanimously held that IDEA’s exhaustion requirement did not prevent a former student who is deaf from bringing an ADA lawsuit seeking monetary damages because monetary damages are not available as a remedy under IDEA. Although the underlying allegations were not addressed, the allegations included that the school district provided unqualified interpreters. We would like to reiterate the importance and responsibility of school districts to provide qualified interpreters to work with Deaf, Hard of Hearing, and Deafblind students in public schools. For questions, please contact the Outreach for the Deaf, Hard of Hearing, and Deafblind Education Director, Julie Holma, julie.holma@wesp-dhh.wi.gov.