Perez v. Sturgis Public Schools, et al.

Miguel Perez is a 23-year-old deaf student in Michigan. Although the school assigned him a classroom aide, the aide was not trained to work with deaf students and did not know sign language. Shortly before Perez was supposed to graduate, the school notified his parents that he did not qualify for a diploma. Perez filed a complaint with the Michigan Department of Education alleging that the school denied him an adequate education and violated numerous federal and state education laws: the Individuals with Disabilities Education Act (IDEA), the Americans with Disabilities Act (ADA), the Rehabilitation Act, and two Michigan disabilities laws. Before a hearing on the IDEA claim, the parties settled. As part of the settlement, the school agreed to pay for Perez to attend the Michigan School for the Deaf, for any post-secondary compensatory education, and for sign language instruction for Perez and his family. Perez then sued the school district and board of education in federal court, claiming that the school discriminated against him by not providing the resources necessary for him to participate in class. The district court dismissed the ADA claim based on failure to exhaust administrative proceedings because he settled his IDEA claim before the hearing. The U.S. Court of Appeals for the Sixth Circuit affirmed.