Supreme Court of the United States, Luna Perez v. Sturgis Public Schools (2023)
“ And it isn’t exactly difficult to imagine that a rational Congress might have sought to temper a demand for administrative exhaustion when a plaintiff seeks a remedy IDEA can supply with a rule excusing exhaustion when a plaintiff seeks a remedy IDEA cannot provide. * The parties pose a number of additional questions they would like us to answer—including whether IDEA’s exhaustion requirement is susceptible to a judge-made futility exception and whether the compensatory damages Mr. Perez seeks in his ADA suit are in fact available under that statute. ”
