Yesterday, the Supreme Court heard oral arguments regarding the dispute over whether Ehlena Fry, a 12-year-old Michigan girl with cerebral palsy, can bring her service dog to school. The school had prevented her from doing so and she brought suit. The central issue, however, is narrower than the facts of the case suggest. It is a procedural question regarding whether the student must first exhaust administrative process or could immediately sue the district. The Asociated Press reports that the Court was sympathetic to her case:
Chief Justice John Roberts said it "would be kind of a charade" to force the family through administrative proceedings if they can't ultimately get the relief they want. He noted that the Frys are seeking money damages for the emotional harm Ehlena suffered, not trying to work out a compromise with school officials.
Justice Stephen Breyer said he was concerned about gutting the less formal administrative process prescribed by Congress, but seemed to agree that allowing the lawsuit made sense if exhausting administrative remedies "would be futile."
But Justice Sonia Sotomayor said she was "horribly confused" by Katyal's position because the family could no longer get anything by going through the administrative process, since Ehlena is no longer at the school.
Interestingly, Samuel Bagenstos, a former official in the Justice Department and nationally regarded civil rights and disability scholar, is representing Fry. He argued that the school is demanding a time-consuming administrative process that would have the effect of denying his client the relief she seeks. He also adds that her case involves emotional damages resulting from the way the school handled the issue. On the other side, the district claims that allowing the suit would give the family an "end run" around the statutory process that is designed to encourage parents and educators to resolve their differences outside of court.
No comments:
Post a Comment