Connor's Parents Dismissed for Failing to Exhaust Claims Under IDEA - Essay Sample

Background

Connor's parents submitted alleges of disability-based discrimination against their son. Apparently, they were properly dismissed because they failed to administratively exhaust the claims under the IDEA, and such exhaustion was required because the gravamen of the 504 and ADA claims was that the school district deprived their son of a FAPE, and they did not complain that the school district committed misconduct independent of its IDEA obligations. Besides, there was no showing of futility or inadequacy to excuse the parents' failure to exhaust. Precisely, the student was not a child with a disability. Thus, he was not deprived of a FAPE, because he met academic standards, none of his teachers recommended him for special education, and he did not exhibit especially alarming conduct warranting special education. Christy and Robert Durbrow and their child Connor ("the Durbrows") consequently petitioned from the removal of alleges they put up that the Cobb County School District discriminated not in favor of Connor on the basis of his disability by not furnishing him with exceptional edification services

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Procedural Posture

In the event of time, the United States District Court for the Northern District of Georgia settled the summary judgment to the school district and dismissed all the claims.

Issue

Was it apparent the School District had botched recognizing, situating, and assessing Connor, in infringement of the IDEA and 504, underprivileged the learner of "free appropriate public education" ("FAPE"), deprived the Durbrows bureaucratic privileges in law contravention and lastly categorized the learner on the basis of his impairment.

Holding

Ultimately, the District Court accepted the ALJ's finding that the Durbrows never requested an IDEA evaluation before Connor's senior year, defeating their tolling argument. The district court also sustained the ALJ's determination that, because Connor was not a "child with a disability," he was not entitled to an IDEA evaluation and special education.

Ruling

Markedly, the United States District Court for the Northern District of Georgia, the district court dismissed the 504, and ADA claims for failure to exhaust administrative remedies. After determining that discovery was unnecessary, the district court directed the Durbrows to file a Motion for Judgment on the Administrative Record.

The long and short of it is that the district court at no time made a mistake in ruling that the Durbrows never inquired for an evaluation before Connor's senior year. The district court also correctly applied the statute of limitations, restricting the Durbrows' claims to those arising within two years of filing their Due Process Hearing Complaint

Implications

In making this determination, a school district ought to depict indulgence from an assortment of resources, inclusive of capacity and accomplishment examinations, parent contribution, and educator suggestions. The purpose of a FAPE, in part, is to make sure the access to the broad prospectus for the purpose that the learner can obtain enlightening principles. A student is therefore unlikely to need special education if, among other things: the student meets academic standards; teachers do not recommend special education for the student; the student does not exhibit unusual or alarming conduct warranting special education, and the student demonstrates the capacity to comprehend course material.