A.F. v. Espanola Public Schools, No. 14-2139 (10th Cir. 2015)Annotate this Case
Christine B., the mother of student "A.F.," filed suit claiming that the Espanola Public Schools failed to address appropriately her daughter's disabilities in the educational program it formulated for her. Before any hearing could be held, Christine sought to mediate her dispute. In the end, the parties signed a settlement agreement. As a result of the settlement, Christine B. asked the administrative agency to dismiss her Individuals with Disability Education Act (IDEA) claims with prejudice. Despite the satisfactory result she received through mediation, Christine B. filed suit again, though not pursuant to IDEA, but under the Americans with Disabilities Act, the Rehabilitation Act, and 42 U.S.C. 1983. The allegations in her federal court complaint and those in her original IDEA administrative complaint were nearly identical: both alleged that A.F. suffered from the same disabilities and both contended that the school district failed to take her disabilities into account in her educational program. Agreeing with the school district that Christine B. failed to exhaust available administrative remedies, the district court dismissed her lawsuit. Christine B. appealed. Finding no reversible error, the Tenth Circuit affirmed the dismissal.