Supreme Court to Decide ADA Damages Case Which Again Brings the IDEA Exhaustion Issue Back in the Court Purview

On October 3, 2022, the Supreme Court agreed to hear an ADA exhaustion case brought by Miguel Luna Perez, a 23-year-old deaf man who filed a lawsuit against his school district for damages under the Americans with Disabilities Act.

Miguel Perez's case was dismissed by the lower courts because he failed to "exhaust his administrative remedies" despite compensatory damages not being available under the IDEA.  The argument was that exhaustion of administrative remedies through the IDEA would be futile because the IDEA does not provide for compensatory damages. 

Perez v. Sturgis is also interesting because it re-examines the issue of exhaustion of administrative remedies before filing a lawsuit in federal court.  The issue of exhaustion of administrative remedies in IDEA cases was the basis of the 2017 Supreme Court decision in the Fry v. Napoleon case.  Since Fry, courts have struggled to understand the decision resulting in inconsistent rulings through the country. 

Oral argument is set for January 18, 2023.