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Tag: exhaustion of administrative remedies

Exhaustion of Administrative Remedies May Not Apply to Section 504 Claims

By on September 29, 2020 in Special Education/504 with 0 Comments

On September 23, 2020, the Ninth Circuit Court of Appeals ruled in McIntyre v. Eugene School District that the exhaustion of administrative remedies is not required when the claims do not allege a denial of a free appropriate public education (“FAPE”) as defined by the Individuals with Disabilities Education Act (“IDEA”). The case involved a student with attention deficit disorder who alleged that her school district violated Section 504 of the Rehabilitation Act and the Americans with Disabilities Act when it did not provide her with disability-related testing accommodations and failed to follow an emergency health protocol. In the complaint, […]

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Third Circuit Upholds Dismissal of Parents’ Complaint for Failure to Exhaust Administrative Remedies – Again

By on February 27, 2018 in Special Education/504 with 0 Comments

In the last year, our federal courts have addressed the exhaustion of administrative remedies requirement for parents who bring claims against a school district on behalf of a disabled student under Section 504 of the Rehabilitation Act (“Section 504”). Notably, the U.S. Supreme Court ruled in February 2017 in Fry v. Napoleon Community Schools that parents are required to exhaust administrative remedies under the Individuals with Disabilities Education Act (“IDEA”) when the heart of their complaint alleges a denial of a free appropriate public education (“FAPE”). The Third Circuit Court of Appeals, which applies to New Jersey, recently applied the […]

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U.S. Supreme Court Rules Exhaustion of Administrative Remedies Not Required in Non-FAPE Cases

In a long awaited case involving a student requesting the use of a service dog in school, the United States Supreme Court unanimously ruled on February 22, 2017 in Fry v. Napoleon Community Schools that parents are not required to exhaust administrative remedies under the Individuals with Disabilities Education Act (“IDEA”) when the heart of their complaint does not allege a denial of a free appropriate public education (“FAPE”). This case involved a student with cerebral palsy who qualified for special education and related services under the IDEA when she attended a public school in Michigan. As a result, she […]

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