Episode 8 Resources: Perez v Sturgis Public Schools
Guest: Ellen Saideman, an attorney from Barrington, Rhode Island
Host: Peter Blanck, Ph.D., J.D., Chairman, Burton Blatt Institute, University Professor, Syracuse University
Recording Date: Monday, April 17, 2023
Disclaimer: The personal opinions expressed by guest speakers in this episode should not be understood as an endorsement by the ADA National Network, Southeast ADA Center, or Syracuse University.
Contents
- Episode Description
- Perez v. Sturgis Public Schools, 598 U.S.
- Fry v. Napoleon Community Schools, 580 U.S.
- ADA Live! Episodes on K-12 Education and Disability
- Educational Rights and Deaf Culture
Episode Description
On March 21, 2023, the United States Supreme Court in Perez v. Sturgis Public Schools unanimously decided that individuals who have entered into a settlement resolving their claims under the Individuals with Disabilities Education Act (IDEA), can also pursue claims for money damages against school districts under the Americans with Disabilities Act (ADA) without exhausting the administrative process under IDEA. This decision reverses a decision made by the 6th Circuit Court of Appeals.
Our guest is Ellen Saideman, a Rhode Island attorney who focuses much of her practice on the educational rights of students with disabilities and their families. In Perez v. Sturgis Public Schools, Ms. Saideman represented Mr. Miguel Luna Perez, a Deaf student, in his 6th Circuit Court of Appeals case against the Sturgis Public School system in Michigan. Our host for this podcast is Dr. Peter Blanck, Chairman of the Burton Blatt Institute at Syracuse University.
Ms. Saideman and Dr. Blanck discuss how the Court’s decision in Perez v. Sturgis Public Schools will affect the rights of students with disabilities under the ADA and IDEA. They will also explain how a similar U.S. Supreme Court case in 2017, Fry v. Napoleon Community Schools, paved the way for the Perez v. Sturgis decision.
- Profile of Attorney Ellen Saideman
Link: avvo.com/attorneys/02806-ri-ellen-saideman-849865.html
Perez v. Sturgis Public Schools, 598 U.S. ___ (2023)
Court Documents and Legal Analysis
- Full Case: Perez v. Sturgis Public Schools, No. 21-887, 598 U.S. ___ (2023) [PDF]
Source: U.S. Supreme Court
Link: supremecourt.gov/opinions/22pdf/21-887_k53m.pdf - Amicus Brief of National Disability Rights Groups [PDF]
Source: U.S. Supreme Court
Link: bit.ly/3p82AJy - Independent News and Analysis: Perez v. Sturgis Public Schools
Legal analysis, links to court filings, and other news in this case.
Source: [Supreme Court of the United States] SCOTUS Blog
Link: scotusblog.com/case-files/cases/perez-v-sturgis-public-schools - Summary of Court Decision: Luna Perez v. Sturgis Public Schools et al.
Source: Southeast ADA Center
Link: adasoutheast.org/court/luna-perez-v-sturgis-public-schools-et-al - Legal Review and Analysis of Perez v. Sturgis Public Schools
Source: Ballotpedia
Link: ballotpedia.org/Perez_v._Sturgis_Public_Schools
Selected News about the Perez v. Sturgis Case
- Press Release: Victory in Perez SCOTUS Case!
Source: Council of Parent Attorneys and Advocates (COPAA) (March 21, 2023)
Link: copaa.org/news/635318 - Press Release: National Disability Rights Groups File Amicus in Perez v. Sturgis
Source: Council of Parent Attorneys and Advocates (COPAA) (November 16, 2022)
Link: copaa.org/news/623327 - Supreme Court Rules Against District in Perez v. Sturgis Public Schools Special Ed Case
Source: K-12 Dive (March 21, 2023)
Link: k12dive.com/news/Supreme-Court-Perez-Sturgis-special-education/645589
Fry v. Napoleon Community Schools, 580 U.S. ___ (2017)
- U.S. Supreme Court Opinion [PDF]
Source: U.S. Supreme Court
Link: supremecourt.gov/opinions/16pdf/15-497_p8k0.pdf - Court Proceedings and Documents
Source: Oyez
Link: oyez.org/cases/2016/15-497 - Independent News and Analysis
Source: [Supreme Court of the United States] SCOTUS Blog
Link: scotusblog.com/case-files/cases/fry-v-napoleon-community-schools/ - Legal Review and Analysis
Source: Ballotpedia
Link: ballotpedia.org/Fry_v._Napoleon_Community_Schools - Summary of Court Decision: Fry v. Napolean Community Schools Source: Southeast ADA Center
Link: https://adasoutheast.org/court-decisions/fry-v-napoleon-community-schools
ADA Live! Episodes on K-12 Education and Disability
You can access all ADA Live! episodes with archived audio, accessible transcripts, and resources at ADAlive.org. Listen on the SoundCloud ADA Live! channel at soundcloud.com/adalive.
Source: Southeast ADA Center
- Back to School with the ADA in a COVID-19 World | Resources
Release Date: September 1, 2021
Podcast: adalive.org/episodes/episode-97
Resources: adalive.org/resources/episode-97-resources - Think College: Inclusive Higher Education for People with Intellectual Disability | Resources
This episode looks at the needs and rights of students transitioning from high school to college.
Release Date: June 7, 2017
Podcast: adalive.org/episodes/episode-45
Resources: adalive.org/resources/episode-45-resources - Back to School: Access for Students Receiving Special Education | Resources
Release Date: August 5, 2020
Podcast: adalive.org/episodes/episode-84
Resources: adalive.org/resources/episode-84-resources - The School Year Has Started – And It’s Not Going Well. What Can I Do?
There is no resource list for this episode.
Release Date: September 2, 2015
Podcast: adalive.org/episodes/episode-24 - Back to School—What Parents Need to Know Before the School Year Begins
There is no resource list for this episode.
Release Date: August 5, 2015
Podcast: adalive.org/episodes/episode-35
Educational Rights and Deaf Culture
- A Comparison of ADA, IDEA, and Section 504
Source: Disability Rights Education & Defense Fund (DREDF)
Link: dredf.org/legal-advocacy/laws/a-comparison-of-ada-idea-and-section-504 - True Biz: A Novel (2022)
Written by Sara Novic.
Source: Sara Novic.com
Link: sara-novic.com/site/#books - Article: EVERYTHING You Need to Know About Schooling For a Deaf or Hard of Hearing Child
Source: American School for the Deaf
Link: asd-1817.org/deaf-schools - Article: Why Does Inclusion Often Neglect the Needs of Deaf Students?
Source: Brookings (September 22, 2022)
Link: brookings.edu/blog/brown-center-chalkboard/2022/09/22/why-does-inclusion-often-neglect-the-needs-of-deaf-students - Article: Students with Hearing Loss Need Individualized Support, Access to Deaf Community
Source: Brookings (October 6, 2022)
Link: brookings.edu/blog/brown-center-chalkboard/2022/10/06/students-with-hearing-loss-need-individualized-support-access-to-deaf-community