MIGUEL LUNA PEREZ v. STURGIS PUBLIC SCHOOLS; STURGIS PUBLIC SCHOOLS BOARD OF EDUCATION - Articles

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MIGUEL LUNA PEREZ v. STURGIS PUBLIC SCHOOLS; STURGIS PUBLIC SCHOOLS BOARD OF EDUCATION

Posted by: Tanja Trezise on Jun 25, 2021

Head Comment: STRANCH delivered a separate dissenting opinion.

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Ellen Saideman, LAW OFFICE OF ELLEN SAIDEMAN, Barrington, Rhode Island, for Appellant.

Attorneys 2: ARGUED: Kenneth B. Chapie, GIARMARCO, MULLINS & HORTON, P.C., Troy, Michigan, for Appellees.

Attorneys 3: ON BRIEF: Ellen Saideman, LAW OFFICE OF ELLEN SAIDEMAN, Barrington, Rhode Island, Mitchell Sickon, MIGHIGAN PROTECTION AND ADVOCACY SERVICE, INC., Lansing, Michigan, for Appellant.

Attorneys 4: ON BRIEF: Kenneth B. Chapie, GIARMARCO, MULLINS & HORTON, P.C., Troy, Michigan, for Appellees.

Attorneys 5: ON BRIEF: Catherine Merino Reisman, REISMAN CAROLLA GRAN & ZUBA LLP, Haddonfield, New Jersey, for Amicus Curiae.

Judge(s): BOGGS, STRANCH, and THAPAR, Circuit Judges

Court Appealed: United States District Court for the Western District of Michigan at Grand Rapids

THAPAR, Circuit Judge. Miguel Perez claims that his school district failed to provide him with an appropriate education. He brought his claim in the proper administrative forum, but he settled with the school before the process had run its course. Under the Individuals with Disabilities Education Act, the decision to settle means that Perez is barred from bringing a similar case against the school in court—even under a different federal law. The district court dismissed the case, and we affirm.

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