https://apnews.com/article/michigan-state-government-education-d10553f4ea6f73eef5585427de0fe370The Supreme Court on Wednesday seemed sympathetic to the arguments of a deaf student who sued his public school system for providing an inadequate education, a legal challenge important for other disabled students and their families.
The question for the justices involves a federal law that guarantees disabled students an education specific to their needs. During 90 minutes in the courtroom, liberal and conservative justices suggested they were inclined to rule for the student, Miguel Luna Perez.
His lawyer, Roman Martinez, said that for 12 years, the public school system in Sturgis, Michigan, “neglected Miguel, denied him an education and lied to his parents about the progress he was allegedly making in school.”
“This shameful conduct permanently stunted Miguel’s ability to communicate with the outside world,” Martinez said.
Justice Elena Kagan indicated that she believed the argument that Perez had done “everything right” in pursuing his case.
“It’s hard for me to see how that’s not true. What should Miguel have done differently from what he did do in this case?” Kagan said. The liberal justice suggested to a lawyer for the school system, Shay Dvoretzky, that such cases are pursued “by parents who are trying to do right by their kids.”
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Justice Ketanji Brown Jackson was among the justices who seemed inclined to agree with Perez. The liberal justice said it was her understanding that “Congress thought that dual actions at least in some circumstances were possible and that was fine.”
Justice Amy Coney Barrett, a conservative, noted that rejecting an IDEA settlement offer means risking not being able to seek attorneys fees. Her fellow conservative, Justice Neil Gorsuch, suggested that the text of the IDEA also supports Perez.
This one looks like it'll be at least 5-4 in favor of the student (the liberals, Coney Barrett, Gorsuch and maybe one or both of Roberts and Kavanaugh).
