E. D. v. Palmyra R-I School District, No. 18-1095 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit affirmed the district court's grant of summary judgment for the school district in an action under Section 504 of the Rehabilitation Act. The court held that, where parents refuse special education services for their child under the Individuals with Disabilities Education Act (IDEA) and bring suit under another act, they must first exhaust their administrative remedies under the IDEA if the relief they seek in the suit is also available under the IDEA. Therefore, because plaintiffs failed to exhaust their administrative remedies under the IDEA in this case, the school district was entitled to summary judgment.
Court Description: Stras, Author, with Smith, Chief Judge, and Melloy, Circuit Judge] Civil case - Education law. Defendant school district offered plaintiffs Individualized Education Plans for their child under the Individuals with Disabilities Education Act rather than the Rehabilitation Act section 504 plan the plaintiffs desired; plaintiffs refused the offers and brought a section 504 action against the district. Held: Where parents refuse special education services for their child under the Individuals with Disabilities Education Act and bring suit under another act, they must first exhaust their administrative remedies under the Individuals with Disabilities Education Act if the relief they seek in the suit is also available under the IDEA. [ January 02, 2019
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