Free Appropriate Public Education

On February 22, the Supreme Court of the United States issued its opinion in Fry ex rel. E.F. v. Napoleon Community SchoolsFry addresses the circumstances in which parents must exhaust the administrative remedies found in the Individuals with Disabilities Education Act (IDEA), when their lawsuit purports to assert claims only under other federal discrimination statutes—namely, the Americans with Disabilities Act (ADA) and § 504 of the Rehabilitation Act.  The Court held, unanimously, that parents must exhaust IDEA’s administrative procedures only when the “substance, or gravamen, of the plaintiff’s complaint” seeks relief for the denial of a Free Appropriate Public Education (FAPE).
Continue Reading Supreme Court Clarifies Administrative Exhaustion Requirements Under IDEA