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School Districts : IDEA – Student Suspension – Exhaustion Of Remedies
Stephanie Maniscalco//July 25, 2018//
School Districts : IDEA – Student Suspension – Exhaustion Of Remedies
Stephanie Maniscalco//July 25, 2018//
Listen to this articleWhere a mother, who brought claims against a school district arising from her child’s suspension, argued that the district court erred in dismissing the complaint for failure to exhaust administrative remedies under the IDEA, the judgment is affirmed because the gravamen of the complaint was the denial of a public education rather than a disability discrimination claim, so the exhaustion requirement applied.
Judgment is affirmed.
Smith v. Rockwood R-VI School District (MLW No. 71867/Case No. 17-2260 – 5 pages) (U.S. Court of Appeals, 8th Circuit, Wollman, J.) Appealed from U.S. District Court, Eastern District of Missouri, Jackson, J. (Daniel J. Rhoads, St Louis, argued for appellant) (Lawrence J. Wadsack, St Louis, argued for appellee; Rebecca M. Christensen appeared on the brief).
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