Legal Rights of Children with Epilepsy in School & Child Care

Legal Rights of Children with Epilepsy in School and Child Care
Exhaustion of Administrative Remedies:
Frazier v. Fairhaven School Committee, 276 F.3d 52, 60-61 (1 st Cir. 2002)
A party must exhaust all avenues of administrative review regardless of whether the
administrative process offers the particular type of relief that is being sought. There are a
number of benefits to exhaustion: the educational agency can develop a factual record,
apply its expertise to the problem, and exercise its discretion and correct its own
mistakes, and the process puts educational professionals with specialized knowledge at
the center of the decision-making process. Additionally, the administrative hearing
process results in the development of a detailed evidentiary record.
Polera v. Bd. of Educ., 288 F.3d 478, 488, n. 8 (2d Cir. 2002)
The burden is on the party seeking an exception to the exhaustion requirement to show
the applicability of the exception.
Hope v. Cortinez, 69 F.3d 687 (2d Cir. 1995)
Plaintiffs must exhaust the IDEA’s administrative procedures before bringing suit under
the ADA to obtain relief that is available under the IDEA.
Heldman v. Sobol, 962 F.2d 148 (2d Cir. 1992)
Exhaustion may be excused as futile when the agency is either acting in violation of the
law or is unable to remedy the alleged injury.
Mrs. W. v. Tirozzi, 832 F.2d 748, 756 (2d Cir. 1987)
Exhaustion is not an inflexible rule. Exceptions may be made to the exhaustion rule if:
1) Exhaustion would be futile
2) The agency has adopted a policy or has a generally applicable practice that is
contrary to law
3) Adequate relief is improbable through administrative remedies
J.G. v. Board of Educ. of Rochester City School Dist., 830 F.2d 444, 446-7 (2d Cir. 1987)
Administrative remedies are generally inadequate when structural, systemic reforms are
sought.
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