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Murphy, Hesse, Toomey & Lehane Attorneys Present at the Massachusetts Municipal Association’s 41st Annual Meeting and Trade Show
Katherine Hesse, partner at Murphy, Hesse, Toomey & Lehane, LLP, presented during the Labor Law Update: New Laws, Recent Cases and Agency Decisions at the Massachusetts Municipal Association’s (MMA) 41st Annual Meeting and Trade Show in Boston. Attorney Hesse’s presentation focused on new and important decisions arising from the Joint Labor-Management Committee, Department of Labor Relations, Civil Service Commission, Massachusetts Commission Against Discrimination, and Contributory Retirement Appeal Board in 2019. Some of the most significant decisions which Attorney Hesse discussed involved the teachers’ strike in Dedham and the presence of observers in collective bargaining negotiations. Peter Mello, attorney at Murphy, Hesse, Toomey & Lehane and President of the Massachusetts Municipal Lawyer’s Association, moderated the MMA’s Municipal Law Update presentation which covered a broad range of important recent developments in municipal law.
The MMA Annual Meeting & Trade Show is the largest regular gathering of Massachusetts local government officials. The two-day event features educational workshops, nationally recognized speakers, awards programs, a large trade show, and an opportunity to network with municipal officials from across the state.
United States Supreme Court Opens the Door for Special Education Students’ Right to Bypass Due Process Hearings When Also Suing School District for Money Damages Under ADA: Perez v. Sturgis Public Schools, 598 U.S. ___(2023)
In a unanimous ruling issued on March 21, 2023, the United States Supreme Court decided in favor of a 27-year-old deaf student who sued his Michigan school district, claiming he was denied the services of a qualified interpreter for years, and was misled by teachers and administrators about his progress in school. The student, Miguel Perez, only sought monetary damages. The Court held that he was free to sue the district for money damages due to discrimination under Title II of the Americans with Disabilities Act (ADA). The Court found that he did not have to “exhaust his administrative remedies,” prior to bringing such an action for damages. The doctrine of exhaustion of administrative remedies in a case involving the rights of a disabled student requires a litigant to file and complete a due process hearing before an agency like the Bureau of Special Education Appeals (BSEA) on all claims stemming from a school district's requirement to provide a student with a Free Appropriate Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA).
United States Supreme Court Opens the Door for Special Education Students’ Right to Bypass Due Process Hearings When Also Suing School District for Money Damages Under ADA: Perez v. Sturgis Public Schools, 598 U.S. ___(2023)
In a unanimous ruling issued on March 21, 2023, the United States Supreme Court decided in favor of a 27-year-old deaf student who sued his Michigan school district, claiming he was denied the services of a qualified interpreter for years, and was misled by teachers and administrators about his progress in school. The student, Miguel Perez, only sought monetary damages. The Court held that he was free to sue the district for money damages due to discrimination under Title II of the Americans with Disabilities Act (ADA). The Court found that he did not have to “exhaust his administrative remedies,” prior to bringing such an action for damages. The doctrine of exhaustion of administrative remedies in a case involving the rights of a disabled student requires a litigant to file and complete a due process hearing before an agency like the Bureau of Special Education Appeals (BSEA) on all claims stemming from a school district's requirement to provide a student with a Free Appropriate Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA).
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