While IDEA is focused on ensuring a student receives a Free Appropriate Public Education (FAPE), the ADA is a broader civil rights law that prohibits discrimination on the basis of disability in all public services, including schools. This distinction is critically important for two reasons:
Broader Protections: The ADA protects against segregation, exclusion, and retaliation, providing a powerful tool to challenge systemic failures.
Monetary Damages: Unlike IDEA, the ADA allows for the recovery of monetary damages to compensate a child for the educational, emotional, and social harm caused by a school's discriminatory actions.
A 2023 U.S. Supreme Court decision, Perez v. Sturgis Public Schools, affirmed that families can pursue these damages claims under the ADA without first having to go through the lengthy administrative hearing process required by IDEA. This opens a direct path to the courthouse to seek justice for your child.