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2023 Wisconsin Statutes & Annotations
Chapter 115 - State superintendent; general classifications and definitions; children with disabilities.
115.897 - Exhaustion of remedies.
Universal Citation: WI Stat § 115.897 (2023)
115.897 Exhaustion of remedies. Before the filing of a civil action under any federal law seeking any relief that is also available under this subchapter, the procedures under s. 115.80 shall be exhausted to the same extent as would be required had the action been brought under this subchapter.
History: 1997 a. 164.
A plaintiff is not required to exhaust the administrative procedures under the federal Individuals with Disabilities Education Act (IDEA) before seeking relief under other federal antidiscrimination statutes, such as the Americans with Disabilities Act of 1990, if the remedy a plaintiff seeks is not one IDEA provides. Perez v. Sturgis Public Schools, 598 U.S. ___, 143 S. Ct. 859, 215 L. Ed. 2d 95 (2023).
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