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• Legislation & Compliance

Luna Perez v. Sturgis Public Schools: A Win for the Disability Community

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April 12, 2023

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On March 21, 2023, The U.S. Supreme Court unanimously voted to allow Miguel Luna Perez, a deaf student in Michigan, to sue his school district for failing to provide an adequate education.

The government’s decision shows support for students with disabilities; students should feel confident about advocating for themselves and taking legal action to address educational barriers.

Luna Perez v. Sturgis Public Schools

Petitioner Miguel Luna Perez was a student in Michigan’s Sturgis Public School District from ages 9 through 20. Throughout his time at Sturgis schools, Perez was assigned ASL interpreters who didn’t know sign language or were not present in the classroom. Perez and his family were also misled about his educational progress—the initial claim stated that Perez had been on the honor roll for years even though he couldn’t read or write by the age of 20.

Despite his apparent honor roll status, Perez and his family were informed only months before graduation that he didn’t qualify for a high school diploma. This prompted them to file a complaint with the Michigan Department of Education, alleging that Sturgis violated the Individuals with Disabilities Education Act (IDEA) by failing to provide Perez with a free and appropriate public education.

The parties reached a settlement in which Sturgis agreed to provide the relief Perez sought, including additional schooling at the Michigan School for the Deaf. After settling the complaint, Perez sought compensatory damages by filing his lawsuit in federal court under the Americans with Disabilities Act (ADA).

Sturgis moved to dismiss the lawsuit, claiming that an IDEA provision barred Perez from bringing an ADA claim without first exhausting all of the IDEA’s administrative dispute-resolution procedures.

The district court agreed with Sturgis and dismissed the suit. The Supreme Court, however, sided with Perez and unanimously ruled that Perez can sue for alleged disability discrimination under the ADA.

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The Ruling’s Implications

In the words of Justice Neil Gorsuch, this ruling “holds consequences not just for Perez but for a great many children with disabilities and their parents.”

There is certainly no shortage of ADA lawsuits in the U.S.—2022 alone saw 8,694 ADA Title III lawsuits in federal courts. This case, however, stands out.

A Message to Students with Disabilities

Accessibility laws and guidelines are notoriously vague and difficult to navigate. The Perez ruling provides some clarity by sending a clear message: students can sue a school for damages under the ADA when they haven’t exhausted the administrative process required by the IDEA.

Following the Court’s ruling, students or families seeking monetary relief based on legislation other than the IDEA can go to court without going through the administrative process of the IDEA. This makes taking legal action related to accessible education much easier. The Supreme Court has signaled that students with disabilities should feel empowered to fight for complete relief when they face discrimination.

Unanimous Support for Students with Disabilities

The accessibility legal landscape is impacted by the country’s political climate. Former President Trump’s proposed 2021 budget included multiple initiatives that posed a potential threat to members of the disability community, including making cuts to funding for disability-focused programs. A Republican-controlled House Judiciary Committee approved a 2017 bill called the ADA Education and Reform Act that makes it more difficult for disabled people to sue for discrimination. This legislation has been introduced in different iterations before, but President Obama was prepared to veto it.

The attitude towards accessibility has dramatically shifted during President Biden’s time in the White House; the Biden Administration has repeatedly demonstrated its commitment to equal access for all Americans. Luna Perez v. Sturgis Public Schools is a reinforcement of this trend, and the unanimous decision shows that liberal and conservative Justices can come to a resounding agreement on matters of textual language, in this case regarding the terms of the IDEA.

Looking Ahead

The Luna Perez v. Sturgis Public Schools case reinforces the legal requirement for educational institutions to ensure that their content is accessible to individuals with disabilities, including those who are d/Deaf or hard of hearing. This means that institutions must provide appropriate auxiliary aids and services, such as closed captions or transcripts for video content and ASL interpreters, to ensure effective communication and access for individuals with disabilities.

The ruling represents disabled students’ ability to take action when they’re not getting the educational experience to which they’re entitled.

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Blog

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• Accessibility

CODA Film Dominates, Wins All Three Academy Award Nominations

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April 5, 2022

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History was made at the 94th Academy Awards last week, as the film CODA scooped up all three of its Oscar nominations at the live show in Los Angeles. CODA was named Best Picture, star Troy Kotsur took home Best Supporting Actor, and writer-director Siân Heder accepted Best Adapted Screenplay. 

These wins were historic in their own rite: CODA is the first motion picture starring a predominantly Deaf cast to win an Oscar, Troy Kotsur is the first Deaf male actor to receive an Oscar (ever!), and CODA is the first film released by a streaming service to win an Academy Award. 

CODA portrays Deaf people as… people

‘CODA’ stands for “child of deaf adult(s),” and the film tells Ruby Rossi’s coming-of-age story, as the only hearing member of a Deaf family living in Massachusetts. CODA premiered at Sundance Film Festival last year, where Apple bought the distribution rights and went on to make the film publicly available on their own streaming service in August.

Since then, the movie’s success snowballed into numerous nominations at the Golden Globes and BAFTAs, and picked up additional accolades at the Screen Actor’s Guild and Producer’s Guild Awards. All in all, CODA‘s Academy Awards success punctuates an incredibly successful awards season. 

While CODA is clearly critically acclaimed, the film has also been highly regarded by the Deaf community for its unprecedented and refreshingly authentic representation. Media depictions of d/Deaf individuals (or disabled people more broadly) too often misrepresent their lives, rely on cliche tropes, or use non-disabled actors to portray a disabled person’s experience. 

“People think that deaf people are monolithic in terms of how they approach life. And this film bursts that myth,” says Marlee Matlin, the first Deaf star to be cast in the film – who made her feelings on representation clear from the beginning: hire deaf actors to play deaf people, or I’ll walk.

 Read the blog: CODA Makes History with Deaf Representation in Film 

The critics agree: Kotsur is Best Supporting Actor 

In his acceptance speech for Best Supporting Actor, Matlin’s co-star Troy Kotsur also acknowledged the importance of representation in CODA. Thanking the most formative institutions in his career, Kotsur marvels at the film’s reach. 

“It’s amazing that our film has reached out worldwide… [and] I want to thank all of the wonderful Deaf theater stages, where I was allowed and given the opportunity to develop my craft as an actor,” said Kotsur, the now-decorated film star. In addition to the Academy Award, Kotsur counts a BAFTA Award, SAG Award, Film Independent Spirit Award, and Critic’s Choice Award among his trophies in the Supporting Actor category.  

Kotsur also took the opportunity on stage to praise writer-director Siân Heder for her role in creating an authentic connection between two worlds.

“[Siân Heder] brought the Deaf world and the hearing world together… and [her] name will forever be on that bridge,” pronounced Kotsur. 

In Heder’s acceptance speech for Best Adapted Screenplay, she thanks her collaborators in the Deaf and CODA communities for being her teachers in bringing this film to life. 

“Writing and making this movie was truly life changing, as an artist and as a human being,” professed Heder. She admits it wasn’t an easy process, simultaneously thanking Sundance and Apple for their part in bringing the independent film to a global audience.

 Learn best practices for creating more accessible media 

CODA Academy Awards mark a moment for streaming services

While much of CODA’s recognition and awards season success has been focused on the film’s contribution to accurate, authentic representation of the Deaf community, it’s also worth considering the film’s contribution to “new media.” 

CODA is the first film distributed by a streaming service to be awarded the Oscar for Best Picture, proving that streaming platforms like Apple TV+ should be seen as serious competition for traditional media and movie production outlets. 

To maintain the film’s momentum, the producers have announced a planned partnership with Deaf West Theatre to develop a stage musical adaptation.

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