In the case Brooklyn T. v. Knox Cty., 2020 U.S. Dist. LEXIS 111961, 2020 WL 3473643, a U.S. District Court found that although the Individuals with Disabilities Education Act’s exhaustion requirement applies to Plaintiffs’ claim, exhaustion is not required because it would be futile. Although not explicitly addressed in the Sixth Circuit case law, the First Circuit’s futility analysis also considers whether “the administrative process would provide negligible benefit to the adjudicating court.” Here, Plaintiffs’ claims ultimately center around the question of causation: did the actions or inactions of Knox County school staff cause Plaintiff to physically injure herself? Questions of causation are not ones which educational professionals involved in the administrative process are uniquely qualified to address. Here, the traditional tools of civil litigation (discovery, expert witnesses, etc.) will be able to provide the information necessary to adjudicate this case.
In this case, Plaintiff (along with her mother) is a minor with a number of disabilities that substantially limit her ability to communicate, see, hear, and learn. Throughout her education, Plaintiff received support from an aide, along with some form of assistive communication device called DynaVox, a voice-output, touch-based device. Beginning in fifth grade, Plaintiff’s school switched the device that it provided. Plaintiffs claimed that the new device was much less effective and caused Plaintiff so much frustration that she began harming herself by punching herself in the eye. Eventually, Plaintiff’s punches detached her retina and caused complete blindness in her right eye. Plaintiffs sued both Knox County, Tennessee, and the county’s board of education, alleging that the county is liable for Plaintiff’s blindness and disfigurement because the school refused to put in place proper behavioral and speech supports to allow her equal and meaningful access to education. Plaintiffs bring their suit under the Americans with Disabilities Act and the Rehabilitation Act. Knox County now moves to dismiss the suit, arguing that Plaintiffs are required to exhaust administrative remedies under the Individuals with Disabilities Education Act (IDEA).
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Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.