11/18/2025
COPAA files amicus brief with the Sixth Circuit supporting parents’ right to sue states in federal court for IDEA violations
On October 30, COPAA and several other organizations, law firms, lawyers, and legal scholars filed an amicus brief with the U.S. Court of Appeals for the Sixth Circuit in Y.A. v. Hamtramck , a case in which a group parents of children with disabilities sued their school district and the Michigan Department of Education for violations of the Individuals with Disabilities Education Act (“IDEA”). You can read the Y.A. v. Hamtramck brief here .
🔗https://cdn.ymaws.com/www.copaa.org/resource/resmgr/docs/2025_docs_/25-1602_brief_of_amici_curia.pdf
COPAA and its fellow amici urged the Sixth Circuit to affirm the order of the U.S. District Court for the Eastern District of Michigan that denied the defendants’ motions to dismiss and found that the families in this case were not required to exhaust administrative remedies by first filing a due process suit because doing so would have been futile. The District Court concluded that an administrative hearing officer could not order the relief sought by the plaintiffs to remedy the IDEA violations alleged in this case, which involve staffing shortages and other large-scale problems.
The brief also explains that the IDEA establishes a cause of action against states—not just school districts—for the denial of a free appropriate public education (“FAPE”) and that the state “procedurally waived its claim of immunity from suit under IDEA the minute it willingly accepted federal IDEA funds.”
COPAA’s fellow amici include Disability Rights Education & Defense Fund, Disability Rights Michigan, Erwin Chemerinsky, Kentucky Protection & Advocacy, Disability Rights Ohio, Disability Rights Tennessee, Legal Aid Society of Southwest Ohio, Abdnour Weiker, Justin S. Gilbert, Advocates for Basic Legal Equality, Northern Kentucky Children’s Law Center, MI AECRES, and National Disability Rights Network. The amicus brief was written by COPAA Legal Director Selene Almazan and COPAA board member and Amicus Committee Co-Chair Ellen Saideman.
ALT - Government Justice Court Symbol text read Amicus Brief