Right to Compensatory Damages for Disability Discrimination

Resource Type: Fact Sheets
Focus Area: Ensuring Equal Access

In March 2023, the U.S. Supreme Court ruled that parents are not required to exhaust administrative procedures under the Individuals with Disabilities Education Act (IDEA) before seeking relief in the form of compensatory damages under Title II of the Americans with Disabilities Act of 1990 (ADA) or Section 504 of the Rehabilitation Act of 1973 (Section 504). 

 This fact sheet provides an analysis of that case, Perez v. Sturgis Public Schools, and prior decisions addressing the right to damages for students with disabilities. 

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