First Circuit: Valentin-Marrero v. Commonwealth of Puerto Rico

 As the relief sought exceeds the bounds of the earlier favorable ruling by the ALJ, plaintiff was required to exhaust administrative remedies prior to seeking judicial relief for alleged noncompliance with the earlier ruling.

Valentin-Marrero v. Commonwealth of Puerto Rico

Ninth Circuit: Stiudent A v. San Francisco Unified School District

 

Although the plaintiffs claim to be pursuing a systemic claim addressing widespread shortcomings, they aren't challenging a policy or practice of general applicability, but rather pointing out several instances in which the system didn't work correctly; administrative exhaustion is therefore required in order to develop the administrative record and give the state a chance to remedy the situation.

https://cdn.ca9.uscourts.gov/datastore/opinions/2021/08/18/20-15386.pdf

Third Circuit: K. D. v. Downingtown Area School District

Student's free and appropriate public education was sufficient, since the student made reasonable progress, and there is no requirement that educational goals for disabled students ensure that they advance normally with their age cohort.

http://www2.ca3.uscourts.gov/opinarch/173065p.pdf

Fifth Circuit: Ashley Krawietz, et al v. Galveston Independent Schools

School district did not act quickly enough after having cause to know of the need for action.  Plaintiff was correctly categorized as a prevailing party for the purpose of the fee award when the court ordered the deft. to comply with their obligations under the Act.

http://www.ca5.uscourts.gov/opinions/pub/17/17-40461-CV0.pdf

Eighth Circuit: Carrie-Anne Smith v. Rockwood R-VI School District

Discrimination claims that in substance allege the denial of a free and appropriate public education trigger the exhaustion requirements of the Act; even if one party is thought not to have standing, the development of the administrative record will assist any subsequent judicial review.

http://media.ca8.uscourts.gov/opndir/18/07/172260P.pdf

First Circuit: Ms. S. v. Regional School Unit 72

Administrative, IDEA


Remand to consider rulemaking's compliance with state administrative procedure act.

Filing date that allowed more time than the corresponding federal stature is not per se an illogical outcome that requires review of legislative intent.

Subsequent legislative review of the rulemaking cannot cure a procedural defect in notice for the rulemaking absent review of notice.

No error in IDEA FAPE claim dismissal given facts.

Ms. S. v. Regional School Unit 72

Eighth Circuit: Katie Moore v. Kansas City Public Schools

Federal Jurisdiction, IDEA,  FRCP


As school-based tort claim did not explicitly invoke IDEA,  removal and dismissal for lack of exhaustion was improper.

The claim's reference to similar terms did, however make the claim colorable, so fees are denied.



Katie Moore  v.  Kansas City Public Schools

Ninth Circuit: CARLOS BAQUERIZO V. GARDEN GROVE UNIFIED SCH DIST

IDEA

As the procedural violations of the act were caused in part by the programs retained by the plaintiff and do not rise to the level that would deny a free appropriate public education, no reimbursement required under the act.

CARLOS BAQUERIZO V. GARDEN GROVE UNIFIED SCH DIST

Second Circuit: T.K. v. N.Y.C. Dep’t of Educ.

IDEA

School system's refusal to discuss bullying concerns with parents was a denial of a free appropriate public education under the act.

Finding in equity that private school funds were reimbursable.

http://www.ca2.uscourts.gov/decisions/isysquery/0b6bfc4e-816c-4c93-9b12-e9c8a95d89c0/1/doc/14-3078-cv_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/0b6bfc4e-816c-4c93-9b12-e9c8a95d89c0/1/hilite/