The Supreme Court rules for Perez unanimously, Gorsuch gets the opinion.
The Supreme Court ruled unanimously Tuesday for a deaf student who sued his public school system for providing an inadequate education. The case is significant for other disabled students who allege they were failed by school officials.
The case the justices ruled in involves Miguel Luna Perez, who attended public school in Sturgis, Michigan. Perez’s lawyers told the court that for 12 years the school system neglected the boy and lied to his parents about the progress he was making, permanently stunting his ability to communicate.
The justices ruled that after Perez and his family settled a complaint against the school system — with officials agreeing to pay for additional schooling and sign language instruction — they could pursue money damages under a different federal law. Justice Neil Gorsuch wrote in a eight-page opinion for the court that the case “holds consequences not just for Mr. Perez but for a great many children with disabilities and their parents.”
Mildly surprised that there were no dissents here, given Alito and Thomas's willingness to ignore optics (which is more so than Gorsuch, Coney Barrett and Kavanaugh it seems).
The school was very clearly criminally negligent here:
It remains difficult for Perez, who emigrated to the United States from Mexico at age 9, to make himself understood. Perez’s lawyers say the school system failed him by providing an aide who was not trained to work with deaf students, did not know sign language and in later years left him alone for hours at a time. After over a decade, Perez did not know any formal sign language and communicated through invented signs that anyone unfamiliar with his unique signing did not understand, his lawyers have said.
Meanwhile, the school awarded him inflated grades and his parents believed he was on track to earn his high school diploma. Just before graduation, however, his family was told he qualified only for a “certificate of completion."
And I guess using this to strike down the ADA or IDEA would be a bridge too far even for Thomas or Alito: why have a government at all if you're going to do that?
