FILE - The U.S. Supreme Court is seen at near sunset in Washington, on Oct. 18, 2018. The Supreme Court will hear a case Jan. 18, 2023, that could make it more difficult for students with disabilities to quickly resolve problems when they're not getting needed assistance in public schools. The question for the justices involves a federal law that guarantees disabled students an education specific to their needs.
Lawyers for Miguel Luna Perez, a deaf student who attended public school in Sturgis, Michigan, said that for more than a decade the school system failed to provide him with a qualified sign language interpreter and misled his parents into believing he was on track to earn his high school diploma. Just before graduation, however, his family was told he qualified only for a “certificate of completion," not a diploma.
Perez's family and the school district ultimately settled the IDEA claims. The school district agreed to pay for extra schooling and sign language instruction for Perez and his family, among other things. The family then went to federal court and, under the ADA, sought monetary damages, which aren't available under the IDEA.Former federal education officials are among those who told the court that those lower court decisions are wrong.