In the case of R.Z. v. Cincinnati Public Schools, S.D.Ohio No. 1:21-cv-10, 2021 U.S. Dist. LEXIS 149575 (Aug. 10, 2021), the United States District Court for the Southern District of Ohio granted a school district’s motion to dismiss for failure to state a claim in a parent’s action alleging violations of the Individuals with Disabilities Education Act (“IDEA”).
Here, the parent, on behalf of the parent’s minor child, filed a complaint against the school district alleging that the child was denied a free appropriate public education while the district was operating under a fully remote learning model as a result of the COVID-19 pandemic. The school district filed a motion to dismiss, arguing a lack of subject matter jurisdiction and/or failure to state a claim.
The Court reasoned that because the parent failed to exhaust their administrative remedies prior to filing any suit seeking relief under the IDEA, the school district’s motion to dismiss is granted.
To read this case, click here.
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.