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  • Amicus Brief
  • Miguel Luna Perez v. Sturgis Public Schools, et. al.

    AFC submitted an amicus brief filed with the U.S. Supreme Court in the case of Miguel Luna Perez v. Sturgis Public Schools, et. al., which is an appeal of a decision by the U.S. Court of Appeals for the Sixth Circuit.  The Sixth Circuit held that the parents needed to exhaust their administrative remedies under the IDEA before pursuing other disability discrimination claims against the school district, even though the parents had already settled the IDEA claims.  Our brief argued the need for exceptions to the exhaustion requirement, and in particular, the need for the futility exception to exhaustion.  The law firm Patterson Belknap Webb & Tyler LLP drafted the brief on behalf of AFC.

    The Supreme Court held that exhaustion was not required.