Supreme Court Rules Deaf Student Can Sue School District Over Alleged Failures


Miguel Luna Perez, who is deaf, attended schools in Michigan's Sturgis Public School District from ages 9 through 20.
Photo courtesy of Luna Perez family

The U.S. Supreme Court on Tuesday ruled unanimously that a deaf student may pursue his lawsuit for money damages against a Michigan school district that allegedly failed for years to provide him with adequate sign language assistance.

The court held in Luna Perez v. Sturgis Public Schools that a procedural requirement under the main federal special education law, the Individuals with Disabilities Education Act, does not bar the student’s claim under the Americans with Disabilities Act of 1990.

The decision will allow the now-27-year-old student, Miguel Luna Perez, to pursue damages under the ADA. And it will make it easier for other students with disabilities and their families to bypass often slow-moving administrative proceedings under the IDEA when their chief claim is for damages under other federal laws such as the ADA or the Rehabilitation Act of 1973.

Read on at https://www.edweek.org/policy-politics/supreme-court-rules-deaf-student-can-sue-school-district-over-alleged-failures/2023/03.

Daily Moth also ran a similar story at https://www.dailymoth.com/blog/supreme-court-unanimously-sides-with-deaf-michigan-student.

 

‘Prison Within a Prison’: New Mandate Offers Lifeline for Deaf People in Custody

videophone (left side) with bills running between a signer
by SARAH ROSE WEITZMAN FOR THE MARSHALL PROJECT

  The new Federal Communications Commission rule will require all prison phone companies to provide video communication services for deaf and hard of hearing prisoners.  

For four years, while incarcerated in Maryland state prison, Alphonso Taylor, 49, said he was the only deaf man in his unit. And he had no way to call or communicate with his loved ones outside of prison, who used sign language.

“I feel really alone,” he told advocates in a September 2020 videophone call from a Baltimore County jail. “I’m constantly holding back a rage from deprivation of information.”

During the pandemic, phone calls became an even more vital lifeline for people in prison. But many deaf incarcerated people were still cut off from meaningful communication, as few had access to the technology needed to sign with family at home.

In a major step in the fight over accommodations for deaf people behind bars, the Federal Communications Commission will soon require all prison phone companies to provide video communication services for deaf and hard of hearing prisoners. The new order, which goes into effect in January 2024, also applies to people in jails, immigration detention, juvenile detention, and secure mental health facilities nationwide.

“Incarcerated people who are deaf, hard of hearing, deafblind, or who have a speech disability are in a prison within a prison,” wrote Jessica Rosenworcel, chairwoman of the FCC, announcing the new rule last September.

Read on at https://www.themarshallproject.org/2023/03/21/deaf-prison-fcc-video-calls.

CODA filming (Georgetown, March 31, 2023)

If you missed seeing the movie “CODA” the Best Picture of the 2022 Oscars, you can see it this Friday March 31st at 6 00 pm at Sussex Central High School in Georgetown. Free admission. Donations accepted. Sponsored by the ASL club

CODA ASL Movie, Free Admissions at Sussex Central High theater, March 31, 2023 at 6pm

Note: CODA = Child Of Deaf Adult

– Thank you Barbara White/DDSC for sharing the news!