The 9th Circuit Court of Appeals has ruled in McIntyre v. Eugene School District 4J that parents of a student with ADA claims arising out of a district’s failure to implement 504 Plan do not have to exhaust administrative remedies prior to suing their school district. The appellate panel noted that while Fry v. Napolean Community Schools (69 IDELR 116) requires parents to exhaust all non-IDEA claims alleging a denial of FAPE, it only applies to cases where FAPE is defined by the IDEA. The appellate panel found that the student, who was seeking relief for the denial of equal access as opposed to a denial of FAPE, could sue without exhausting administrative claims.
September 2020
