Paul G. v. Monterey Peninsula Unified School District, No. 18-16536 (9th Cir. 2019)Annotate this Case
The Ninth Circuit affirmed the district court's dismissal of an action alleging claims under the Americans with Disabilities Act (ADA) and section 504 of the Rehabilitation Act. The panel held that plaintiffs failed to exhaust their administrative remedies under the Individuals with Disabilities Education Act (IDEA), because their section 504 and ADA claims concerned whether the child was provided appropriate education services. In this case, plaintiffs settled their IDEA case without receiving an administrative decision on whether plaintiffs' son needed the placement they now assert was required for him to receive a free and appropriate public education.
Court Description: Education Law. The panel affirmed the district court’s dismissal, for failure to exhaust remedies under the Individuals with Disabilities Education Act, of claims under the Americans with Disabilities Act and § 504 of the Rehabilitation Act. A student’s parents sought damages under the ADA and § 504 on the basis that the residential placement he should have received under the IDEA was not available in California. Plaintiffs failed to exhaust because they settled their IDEA case without receiving an administrative decision on whether the lack of an in-state residential placement had denied the student a free and appropriate public education. The panel held that exhaustion was required because plaintiffs sought relief that would also be available under the IDEA. Agreeing with other circuits, the panel concluded that the ADA and § 504 claims concerned whether the student was provided appropriate educational services. The panel held that plaintiffs’ claims did not fall under exhaustion exceptions because they did not seek relief for a policy or practice of general applicability, and exhaustion would not have been futile or inadequate. PAUL G. V. MONTEREY PENINSULA USD 3