Circuit Judge Jane B Stranch issued a dissent. She highlighted unlike the majority, the Supreme Court in Frye gave lower courts the framework for evaluating the relief plaintiffs seek and exhausting the IDEA's remedies under the law. It was her view on a motion to dismiss reading the complaint in Perez's favor.Perez v. Sturgis Public Schools, 3 F. 4th 236,246 He was not seeking IDEA relief and should be allowed to move forward. In her dissent, she highlights the difference between who is covered by the IDEA, ADA, and Title II of the Rehabilitation Act of 1973.
