Perez v. Sturgis Public Schools, 598 U.S. ___ (2023)
The Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1400, includes administrative procedures for resolving disputes concerning a free and appropriate public education (FAPE) for a child with a disability. “Nothing in [IDEA] shall be construed to restrict” the ability of individuals to seek “remedies” under “other Federal laws protecting the rights of children with disabilities,” section 1415(l), “except that before the filing of a civil action under such [other federal] laws seeking relief that is also available under this subchapter, the procedures under subsections (f) and (g) shall be exhausted.” Those subsections establish the right to a “due process hearing” followed by an “appeal” to the state education agency.
Perez, who is deaf, attended Sturgis public schools and was provided with aides to translate classroom instruction into sign language. Perez alleges that the aides were either unqualified or absent from the classroom. Sturgis allegedly promoted Perez regardless of his progress. Perez believed he was on track to graduate from high school. Months before graduation, Sturgis revealed that it would not award him a diploma.
Perez filed a complaint with the Michigan Department of Education. Before an administrative hearing, the parties settled. Sturgis promised to provide Perez with forward-looking equitable relief, including additional schooling at the Michigan School for the Deaf. Perez then sought compensatory damages under the Americans with Disabilities Act (ADA), 42 U.S.C. 12101. The district court dismissed the suit based on Sixth Circuit precedent.
The Supreme Court reversed, reasoning that compensatory damages are unavailable under IDEA. Although Perez’s suit is premised on the denial of a FAPE, the administrative exhaustion requirement applies only to suits that “see[k] relief … also available under” IDEA.
SUPREME COURT OF THE UNITED STATES
Syllabus
LUNA PEREZ v. STURGIS PUBLIC SCHOOLS et al.
certiorari to the united states court of appeals for the sixth circuit
No. 21–887. Argued January 18, 2023—Decided March 21, 2023
Petitioner Miguel Luna Perez, who is deaf, attended schools in Michigan’s Sturgis Public School District (Sturgis) from ages 9 through 20. When Sturgis announced that it would not permit Mr. Perez to graduate, he and his family filed an administrative complaint with the Michigan Department of Education alleging (among other things) that Sturgis failed to provide him a free and appropriate public education as required by the Individuals with Disabilities Education Act (IDEA). See 20 U. S. C. §1415. They claimed that Sturgis supplied Mr. Perez with unqualified interpreters and misrepresented his educational progress. The parties reached a settlement in which Sturgis promised to provide the forward-looking relief Mr. Perez sought, including additional schooling. Mr. Perez then sued in federal district court under the Americans with Disabilities Act (ADA) seeking compensatory damages. Sturgis moved to dismiss. It claimed that 20 U. S. C. §1415(l) barred Mr. Perez from bringing his ADA claim because it requires a plaintiff “seeking relief that is also available under” IDEA to first exhaust IDEA’s administrative procedures. The district court agreed and dismissed the suit, and the Sixth Circuit affirmed.
Held: IDEA’s exhaustion requirement does not preclude Mr. Perez’s ADA lawsuit because the relief he seeks (i.e., compensatory damages) is not something IDEA can provide. Pp. 3–8.
(a) Section §1415(l) contains two features. The first clause focuses on “remedies” and sets forth this general rule: “Nothing [in IDEA] shall be construed to restrict” the ability to seek “remedies” under “other Federal laws protecting the rights of children with disabilities.” The second clause carves out an exception: Before filing a civil action under other federal laws “seeking relief that is also available” under IDEA, “the procedures under [§1415](f) and (g) shall be exhausted.” Those provisions provide children and families the right to a “due process hearing” before local or state administrators, §1415(f)(1)(A), followed by an “appeal” to the state education agency, §1415(g)(1). Mr. Perez reads §1415(l)’s “seeking relief” clause as applying only if he pursues remedies that are also available under IDEA. And because IDEA does not provide compensatory damages, §1415(l) does not foreclose his ADA claim. Sturgis reads the provision as requiring exhaustion of §1415(f) and (g) so long as a plaintiff seeks some form of redress for the underlying harm addressed by IDEA. And because Mr. Perez complains about Sturgis’s education-related shortcomings, his failure to exhaust is fatal. Pp. 3–4.
(b) Mr. Perez’s reading better comports with the statute’s terms. Because §1415(l)’s exhaustion requirement applies only to suits that “see[k] relief . . . also available under” IDEA, it poses no bar where a non-IDEA plaintiff sues for a remedy that is unavailable under IDEA. This interpretation admittedly treats “remedies” as synonymous with the “relief” a plaintiff “seek[s].” But that is how an ordinary reader would interpret the provision, based on a number of contextual clues. Section 1415(l) begins by directing a reader to the subject of “remedies,” offering first a general rule then a qualifying exception. IDEA treats “remedies” and “relief” as synonyms elsewhere, see §1415(i)(2)(C)(iii), (3)(D)(i)(III), as do other provisions in the U. S. Code, see 18 U. S. C. §3626(d); 28 U. S. C. §3306(a)(2)–(3). The second clause in §1415(l), moreover, refers to claims “seeking relief” available under IDEA. In law that phrase (or some variant) often refers to the remedies a plaintiff requests. Federal Rule of Civil Procedure 8(a)(3), for example, says a plaintiff’s complaint must include a list of requested remedies—i.e., “a demand for the relief sought.” Likewise, this Court often speaks of the “relief” a plaintiff “seeks” as the remedies he requests. See, e.g., South Carolina v. North Carolina, 558 U.S. 256, 260. Pp. 4–6.
(c) Sturgis suggests this interpretation is foreclosed by Fry v. Napoleon Community Schools, 580 U.S. 154. But the Court in Fry went out of its way to reserve rather than decide this question. What the Court did say in Fry about the question presented there does not advance the school district’s cause here. Finally, Sturgis says the Court’s interpretation will frustrate Congress’s wish to route claims about educational services to administrative experts. It is unclear what this proves, as either party’s interpretation of §1415(l) would preclude some unexhausted claims. In any event, it is the not the job of this Court to “ ‘replace the actual text with speculation as to Congress’s intent.’ ” Henson v. Santander Consumer USA Inc., 582 U.S. 79, 89. Pp. 6–7.
3 F. 4th 236, reversed and remanded.
Gorsuch, J., delivered the opinion for a unanimous Court.
Judgment issued. |
Judgment REVERSED and case REMANDED. Gorsuch, J., delivered the opinion for a unanimous Court. |
Argued. For petitioner: Roman Martinez, Washington, D. C.; and Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Shay Dvoretzky, Washington, D. C. |
Reply of Miguel Luna Perez submitted. |
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED. |
Reply of petitioner Miguel Luna Perez filed. (Distributed) |
Record received from the U.S.C.A. 6th Circuit. The record was transmitted electronically. |
The record from the U.S.D.C. Western District of Michigan is available on PACER. |
Amicus brief of National School Boards Association submitted. |
Amicus brief of AASA, the School Superintendents Association; the Council of Administrators for Special Education; the American Physical Therapy Association; the Association of School Business Officials International; the National Association of Pupil Services Administrators; and the National Association of School Nurses submitted. |
Brief amici curiae of National School Boards Association, et al. filed. (Distributed) |
Brief amici curiae of AASA, the School Superintendents Association, et al. filed. (Distributed) |
Brief of respondents Sturgis Public Schools, et al. filed. |
Brief of Sturgis Public Schools, et al. submitted. |
Brief of respondents Sturgis Public Schools, et al. filed. (Distributed) |
CIRCULATED |
Amicus brief of United States submitted. |
Brief amicus curiae of United States filed. |
Motion of United States for leave to participate in oral argument and for divided argument submitted. |
Brief amici curiae of Senator Tom Harkin, Representative Tony Coelho, Representative George Miller filed. |
Amicus brief of United States submitted. |
Record requested from the U.S.C.A.6th Circuit. |
Amicus brief of Advocates for Children of New York and New York Legal Assistance Group submitted. |
Brief amici curiae of The ARC of the United States, et al. filed. |
Amicus brief of Council of Parent Attorneys and Advocates, Inc. and National Federation for the Blind submitted. |
Amicus brief of Professors submitted. |
Amicus brief of Former U.S. Department of Education Officials submitted. |
Amicus brief of Senator Tom Harkin, Representative Tony Coelho, Representative George Miller submitted. |
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed. |
Brief amici curiae of Former U.S. Department of Education Officials filed. |
Amicus brief of United States not accepted for filing. (Brief cover to be corrected and brief reprinted and resubmitted - December 15, 2022) |
Brief amicus curiae of United States filed. (Corrected brief filed - November 28, 2022). (Distributed) |
Record requested from the U.S.C.A. 6th Circuit. |
Brief amici curiae of Advocates for Children of New York, et al. filed. |
Motion of United States for leave to participate in oral argument and for divided argument submitted. |
Brief amici curiae of Behalf of Professors filed. |
Brief amici curiae of Professors filed. |
Brief amicus curiae of United States filed. (Cover to be corrected - 11/23/22) |
SET FOR ARGUMENT on Wednesday, January 18, 2023. |
Brief of Miguel Luna Perez submitted. |
Joint Appendix submitted. |
Joint appendix filed. (Statement of costs filed) |
Brief of petitioner Miguel Luna Perez filed. |
Consent to the filing of amicus briefs received from counsel for Miguel Luna Perez submitted. |
Consent to the filing of amicus briefs received from counsel for Sturgis Public Schools, et al. submitted. |
Blanket Consent filed by Petitioner, Miguel Luna Perez |
Blanket Consent filed by Respondent, Sturgis Public Schools, et al. |
Petition GRANTED. |
Supplemental brief of petitioner Miguel Luna Perez filed. (Distributed) |
DISTRIBUTED for Conference of 9/28/2022. |
Supplemental brief of respondents Sturgis Public Schools, et al. filed. (Distributed) |
Brief amicus curiae of United States filed. |
The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
DISTRIBUTED for Conference of 6/16/2022. |
DISTRIBUTED for Conference of 6/9/2022. |
Reply of petitioner Miguel Luna Perez filed. (Distributed) |
Brief of respondents Sturgis Public Schools, et al. in opposition filed. |
Motion to extend the time to file a response is granted and the time is further extended to and including May 4, 2022. |
Motion to extend the time to file a response from April 4, 2022 to May 4, 2022, submitted to The Clerk. |
Motion to extend the time to file a response is granted and the time is extended to and including April 4, 2022. |
Response Requested. (Due March 4, 2022) |
Motion to extend the time to file a response from March 4, 2022 to April 4, 2022, submitted to The Clerk. |
DISTRIBUTED for Conference of 2/18/2022. |
Brief amici curiae of Council of Parent Attorneys and Advocates, Inc. and National Federation for the Blind filed. |
Brief amici curiae of Professor Jon Dubin and Other Law Professors filed. |
Brief amici curiae of 23 Law Professors filed. |
Brief amici curiae of Professors Mark C. Weber and Bernard P. Perlmutter filed. |
Petition for a writ of certiorari filed. (Response due January 14, 2022) |
Application (21A74) granted by Justice Kavanaugh extending the time to file until December 13, 2021. |
Application (21A74) to extend the time to file a petition for a writ of certiorari from October 27, 2021 to December 13, 2021, submitted to Justice Kavanaugh. |