Parents Alleging Educational Harm Must Exhaust Administrative Remedies Under IDEA Before Lawsuit
U.S. Supreme Court's eventual decision will provide further guidance as to types of claims under the IDEA.
The Individuals with Disabilities Education Act, as amended (IDEA), is a federal civil rights statute intended to “[e]nsure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs ... .” If an eligible child’s parents believe their school district or other local educational agency has failed in its statutory obligation to provide the child with a free appropriate public education, the IDEA affords the parents due process rights, allowing them to file a complaint and request an administrative hearing.
Christopher J. Conrad is a shareholder at Marshall Dennehey Warner Colemean & Goggin. He is a member of the firm's Professional Liability Department, and he devotes a significant portion of his practice to the representation and defense of professionals, including attorneys, accountants, architects, appraisers, realtors and real estate agents, and insurance agents and brokers. He also represents public and private employers, as well as their directors, officers and management, in a wide variety of employment practices litigation under federal and state law, including defending claims of harassment, discrimination and retaliation. Additionally, Chris defends school districts, intermediate units and other academic institutions in civil rights litigation and in all phases of special education litigation, from administrative due process hearings to federal court appeals.
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