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The GAP Attorneys Blog

Meeting the needs of people with disabilities, their families, educators & service providers

Posts Tagged ‘administrative remedies’

SRO’s delay excuses exhaustion requirement

Thursday, May 8th, 2014

M.G. v. New York City Department of Education, 62 IDELR 195 (S.D.N.Y. 2014): A federal district court waived the exhaustion requirement for the parents of a student with autism due to the State Review Officer’s (SRO) failure to render a decision in a timely manner.  The parents, aggrieved by certain findings in the decision of the impartial hearing officer (IHO) in their underlying hearing, appealed to the SRO.  However, more than six months passed following the parties’ final submissions and yet the SRO had failed to render any decision.  Accordingly, the court, relying on the excessive administrative delay, waived the parents’ requirement to exhaust through the SRO before initiating a court action.

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Parents must exhaust IDEA administrative process before bringing a suit for damages relating to bullying of a student with a disability.

Thursday, October 4th, 2012

Wright v. Carroll County Board of Education, 59 IDELR 5 (D. Md. 2012):  A U.S. District Court dismissed parents’ suit for damages stemming from alleged bullying of a student with autism.  The Court held the parents are required to exhaust the administrative remedies available under the IDEA.

The parents sought to be excused from the exhaustion requirement by claiming that such remedies were futile.  They argued that since the IDEA provides no specific protection to victims of violations school disciplinary rules (e.g. – bullying victims), the administrative process could not suitably address claims for money damages for such victims.  The Court disagreed, and dismissed the parents’ claims under the IDEA and Section 504 for failing to exhaust their administrative remedies.

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