K.I. v. Durham Public Schools Board, No. 20-1834 (4th Cir. 2022)
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K.I., a minor who lives in Durham, North Carolina, was diagnosed with a variety of learning and psycho-social disorders. Dissatisfied with her school’s response to her request for special education services, K.I. and her mother J.I. asked for and received a hearing under North Carolina’s administrative procedures. Because they disagreed with the hearing decision, K.I. and J.I. tried to appeal it administratively. But their appeal was not considered because K.I. and J.I. did not follow North Carolina’s rules for filing appeals. K.I. and J.I. sued in federal court under the Individuals with Disabilities Education Act (the “IDEA”). The district court found that K.I. and J.I.’s failure to properly appeal under North Carolina’s administrative rules meant that they had not exhausted their administrative remedies. So, it dismissed the federal action for lack of subject matter jurisdiction. K.I. and J.I.’s appeal of that decision.
The Fourth Circuit affirmed. The court held that it agreed with the district court because K.I. and J.I. did not challenge the court’s ruling on the ADA and Section 504 claims; the issue is waived. Second, the court found that the district court correctly analyzed these claims. Both the ADA and Section 504 claims sought relief due to the alleged failure of Durham Public Schools and the State Board to provide a FAPE to K.I. Thus, under Fry, the IDEA’s exhaustion requirement applied to those claims. The court also affirmed the district court in dismissing the ADA and Section 504 claims.
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