News
Murphy, Hesse, Toomey & Lehane, LLP Partner Presents for the Boston Bar Association
Last month, Attorney Mary Ellen Sowyrda, a Partner at Murphy, Hesse, Toomey & Lehane, LLP, presented “Pro Bono Representation of Students in School Discipline Matters” alongside Marlies Spanjaard of the Youth Advocacy Foundation, Committee for Public Counsel Services.
Mary Ellen Sowyrda is a partner in the firm and heads the Special Education Department within Murphy, Hesse, Toomey and Lehane, LLP. The firm currently represents more than 125 school districts and educational collaboratives in the practice area of Special Education Law. She is involved in all aspects of litigation and alternative dispute resolution at the Bureau of Special Education Appeals, including representing clients at hearings, settlement conferences, pre-hearing conferences and mediations. She provides clients with daily advice on school-related legal issues including all aspects of special education, Section 504, student discipline, student records and anti-bullying laws, and deals with the Department of Elementary and Secondary Education and other state agencies that are associated with the provision of special education services to students.
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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