In the case of Shefke v. Macomb Intermediate School Dist., 6th Cir. No. 22-1283 (May 23, 2023), a federal appellate court held that a parent of an autistic child is not required to exhaust all administrative remedies the Individuals with Disabilities Education Act (“IDEA”) requires when the only remedy sought is monetary damages for injuries sustained by the autistic child when the school failed to implement appropriate restraint techniques during an episode of “severe self-injurious behavior.
In this case, the parent argued that the parent was not bound by the IDEA exhaustion of administrative remedies requirement because the parent sought solely monetary damages and the IDEA did not cover monetary damages. In response, the school district argued that the IDEA requires all administrative remedies be exhausted before the parent could bring suit in court. The federal appellate court agreed with the parent.
In support of its decision in favor of the parent, the federal appellate court explained that a claim arising under the IDEA does not need to exhaust all administrative remedies when monetary damages is the only relief sought because monetary damages are not a form of relief ordinary provided by the IDEA.
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.