WASHINGTON — The U.S. Supreme Court heard arguments Wednesday in a case over whether a deaf student deprived of a qualified sign-language interpreter for 12 years may sue his Michigan school district for damages.
Several justices seemed sympathetic to the arguments by the attorney for Michigan's Miguel Luna Perez that he shouldn't have to complete the administrative process under the federal Individuals with Disabilities Education Act when such "exhaustion" would be futile — that is, when the money damages for disability discrimination he seeks aren't available under that statute.
Justice Elena Kagan asked what more Luna Perez should have done, highlighting the argument by his lawyer saying his client had done "everything right" by going through the administrative process laid out in the law and accepting a settlement offered by the district.
