S. D. v. Haddon Heights Bd. of Educ.

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S.D. suffers from “multiple medical problems including chronic sinusitis with frequent acute exacerbations, allergic rhinitis, and intermittent asthma” that allegedly “substantially limit him in . . . the life activity of learning.”. S.D.’s doctor concluded that these medical problems “make it likely that he will have frequent school absence[s] due to acute [and] underlying chronic illness,” and suggested that S.D. “should qualify for [Section] 504 plan modifications for school” under the Rehabilitation Act, 29 U.S.C. 794(a). Dissatisfied with the school’s plan, which involved Saturday sessions and a summer course, his parents sued, citing the Rehabilitation Act, the Americans with Disabilities Act, 42 U.S.C. 12101–12213, the First and Fourteenth Amendments (42 U.S.C. 1983), and New Jersey’s Law Against Discrimination. The district court dismissed for failure to exhaust the administrative process provided for by the Individuals with Disabilities Education Act, 20 U.S.C. 1400–1482. The Third Circuit affirmed. While the claims alleged discrimination and retaliation for enforcement of the child’s rights under a non-IDEA statute, the alleged injuries are educational in nature and implicate services within the purview of the IDEA, so administrative remedies must be exhausted. View "S. D. v. Haddon Heights Bd. of Educ." on Justia Law