Deaf Pupil Lacks Claims for Training-Associated Incapacity Bias

A deaf student is prevented from filing a disability bias lawsuit against a Michigan school district for failing to exhaust his federal education law administrative remedies on claims based on the same behavior, a divided Sixth District said.

The Individuals with Disabilities Education Act’s exhaustion requirement prohibits Miguel Perez’s claims under the Americans with Disabilities Act as the ADA claim sought relief for the district’s alleged denial of free adequate public education, a 2: 1 panel from the U.S. Appeals court for the 6th district.

Perez settled an IDEA claim alleging the same type of wrongdoing before …

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