The lower courts both held that family was required to exhaust administrative remedies under IDEA prior to pursuing a claim for discrimination, essentially placing a needless hurdle between the family and righting a wrong. The U. S. Supreme Court reversed the lower court and did the right thing. The Court reasoned that the family’s claim is distinct from a complaint about the student IEP or special education services. Therefore, they were not required to exhaust administrative remedies such as filing a claim under IDEA.
This is an important case because it removes a barrier to the right of disabled students to seek relief when their true claim is one of discrimination and is separate from their claim about an IEP or special education services. In other words, the parents and the student need not go through the hearing process under IDEA prior to pursuing their claim.
This case is also important because it was a unanimous decision in favor of a disabled student, a welcome development in the current state of education law.
Read more about Wonder here.
You are your child’s voice and best teacher! The Ramage Law Group has authoritative solutions for special needs children!