Plaintiff, whose daughter was a student with autism and intellectual disabilities, alleged that defendant failed to provide a free appropriate public education as required by the Individuals with Disabilities Education Act and engaged in disability discrimination and retaliation. The district court denied the appeal of plaintiff’s administrative claim and dismissed her federal discrimination claims.
Where plaintiff failed to exhaust her administrative remedies and where the record plainly refuted plaintiff’s allegations of discriminatory and/or retaliatory conduct by defendants, the district court properly dismissed her claims.
Judgment is affirmed.
Albright v. Mountain Home School District (MLW No. 73359/Case No. 17-3298 – 16 pages) (U.S. Court of Appeals, 8th Circuit, Wollman, J.) Appealed from U.S. District Court, Western District of Arkansas. Brooks, J. (Theresa L. Caldwell of Little Rock, AR. for appellant) (Marshall S. Ney, of Rogers, AR., Sharon Carden Streett of Little Rock, AR)