



March 2023:
The MLO Minute: “Supreme Court Decision for Injured Children with Disabilities” —
By Dennis McAndrews, Esq.
March 21st, 2023: Today the United States Supreme Court handed down a very important decision for children with disabilities. Although the decision may initially seem a bit esoteric and academic, it is very important for the rights of children with disabilities who are injured in public schools. In our special education cases seeking monetary damages for children who are physically injured, abused, or otherwise significantly harmed, a number of courts have required “exhaustion” of administrative remedies, requiring a due process hearing before for an administrative hearing officer, who is powerless to grant monetary damages. These decisions placed unfortunate barriers in the pursuit of justice for injured children, but today in a unanimous decision the Supreme Court held that exhaustion is not required in a lawsuit against a public school or charter school where monetary damages are requested under the Americans With Disabilities Act (which specifically allows for monetary damages), even if the monetary damage claim stems from the district’s failure to provide a free, appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA—which is generally seen as not providing monetary damages). The following statement from the Court is instructive:
“This case presents an [important legal] question—whether a suit admittedly premised on the past denial of a free and appropriate education may nonetheless proceed without exhausting IDEA’s administrative processes if the remedy a plaintiff seeks is not one IDEA provides….The question is whether a plaintiff must exhaust administrative processes under IDEA that cannot supply what he seeks. And here…we answer in the negative.”
A link to the full decision is as follows: https://www.supremecourt.gov/opinions/22pdf/21-887_k53m.pdf
If your child is injured in school, we provide free consultations and welcome the opportunity to assist your family.