Wednesday, April 26, 2006

Not Exhausted

The V's claims that they were the victims of retaliation by the DeKalb County School District for asserting their child's rights under IDEA. They brought an action against the school district, asserting claims based on section 1983, the Americans with Disabilities Act, section 504, IDEA and the First Amendment. The District Court dismissed the action for failure to exhaust administrative remedies. The Elev enth Circuit affirmed, holding that the administrative procedures would give them the opportunity to present complaints with respect to any matter relating to the identification, evaluation or educational placement of their child, which would include the retaliation claims. The V's did not show that resorting to the administrative procedures would be futile or inadequate. Hence, the retaliation claims were dismissed.

The decision in W.T.V. v. DeKalb County School District can be found here.


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