Supreme Court Signals Support for Student’s Disability Suit (1)

Jan. 18, 2023, 5:21 PM UTCUpdated: Jan. 18, 2023, 7:09 PM UTC

The US Supreme Court seemed ready to rule for a deaf student who’s seeking to sue a Michigan public school district for disability discrimination.

At the heart of the case argued on Wednesday are questions about whether state administrative proceedings have to be exhausted before students or parents can seek relief in federal court even if the proceedings would be futile or fail to provide the relief sought.

Justice Neil Gorsuch said ”most of the courts of appeals have gravitated around a rule” that a futility exception to the exhaustion requirement does exist. “What’s wrong with that rule?” he asked. ...

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