Legal Rights of Children with Epilepsy in School & Child Care

Dispute Resolution and Legal Remedies
Lester H. v. Gilhool, 916 F.2d 865 (3 rd Cir. 1990), cert denied 499 U.S. 923 (3 rd Cir.
1991)
The IDEA requires exhaustion of administrative relief unless recourse to the
administrative process would be futile or inadequate, such as when the relief sought is not
available under the IDEA. In this case, exhaustion would have been futile because the
issues involved were purely legal, the record was fully developed, and the administrative
process was powerless to address the issue of whether compensatory education was
appropriate.
M.M. v. Sch. Dist. of Greenville Co., 303 F.3d 523, 536 (4 th Cir. 2002)
Parents must exhaust administrative remedies under the IDEA. There are three exceptions
to the exhaustion rule:
1) Exhaustion would be futile
2) The school board failed to give parents proper notice of their administrative rights
3) Administrative exhaustion would have worked severe harm upon a child with
disabilities
Pace v. Bogalusa City School Board, 325 F.3d 609, 622, fn. 20 (5 th Cir. 2003)
Although IDEA plaintiffs may bring claims under other statutes, such as the ADA, they
must first exhaust administrative remedies if they are seeking relief that is available under
the IDEA.
Gardner v. School Board of Caddo Parish, 958 F.2d 108 (5 th Cir. 1992)
Plaintiffs must exhaust state administrative remedies before bringing suit in federal court
under the IDEA unless exhaustion would be futile. The plaintiffs bear the burden of
demonstrating futility.
Crocker v. Tennessee Secondary Sch. Athletic Ass’n, 873 F.2d 933, 935-37 (6 th Cir. 1989)
(Crocker I)
Plaintiffs must exhaust their administrative remedies before bringing a civil action to
enforce their rights under the IDEA. Exhaustion is not required if the plaintiffs were not
given full notice of their procedural rights under the IDEA. The party seeking to avoid
the administrative procedures bears the burden of demonstrating that exhaustion would
be futile. This holding was also adopted by the court in Covington v. Knox County School
System, 205 F.3d 912, 917 (6 th Cir. 2000). See also: Doe v. Smith, 879 F.2d 1340, 1343-
33 (6 th Cir. 1989), cert denied 493 U.S. 1025 (1990) (plaintiffs must exhaust
administrative remedies before bringing suit in federal court to obtain relief that is also
available under the IDEA)
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