New U.S. Supreme Court case, maybe?
On June 12, 2015, the Sixth Circuit in Fry v. Napoleon Community School District held that their case had to be dismissed because they failed to exhaust their administrative remedies, i.e., pursue a special education due process hearing.
This is a “Service Dog” case. The parents were not seeking changes to the child’s IEP at the time they filed suit and were only seeking damages under 504 and ADA.
Parents lost at the US District Court, lost at the Sixth Circuit, and have petitioned the US Supreme Court to hear the case.
The Supreme Court has not yet agreed to hear the case and instead has requested that the United States file a brief and advise as to whether or not the Court should grant certiorari, i.e., hear the case.
Update: Brief from United States recommending that Supreme Court grant Certiorari. (May 20, 2016)
https://www.wrightslaw.com/law/pleading/fry.brief.united.states.solicitor.general.15-497.pdf
For the most recent status visit the “Scotus Blog” website.
http://www.scotusblog.com/case-files/cases/fry-v-napoleon-community-schools/
Read the decision issued by the Sixth Circuit.
https://www.wrightslaw.com/law/caselaw/2016/6th.circuit.fry.v.arlington.pdf
Read Fry v. Napoleon Comm. Sch. Dist.
https://www.wrightslaw.com/law/art/fry.napoleon.504.service.dog.htm
Edweek summarized it:
“The legal question is whether a 1986 federal statute that amended the Individuals with Disabilities Education Act requires families to exhaust procedures under the IDEA when they are suing under the Americans with Disabilities Act of 1990 or the Rehabilitation Act of 1973. Those latter statutes provide for damages, which the IDEA does not.”
We will be following the case on Wrightslaw. Stay tuned!
I recently filed a claim I felt would be taken by the OCR. Yet their date of discrimination is earlier than my own. Education professionals do not mention that an OCR complaint can be pursued at anytime a discrimination takes place. Most parents, guardians will follow the appeal process laid out by the LEA believing this is their only recourse. My appeal process lasted 5 months past the date recognized by the OCR. I filed a SEA complaint after the LEA appeals process did nothing, but teach me this school district has a fixed appeal process, i.e., rigged. At the time I was going through the appeals process, my thoughts were if we win the appeal, then the subject of discrimination will be void. This result did not happen and now I have been denied on the grounds I am 64 days past a disputed date.
OCR complaints can be filled by anyone too.
Ted, I dont understand you answer. Would you please clear it up for me. thank you