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3.1 Making a Federal Case of it Without Exhausting IDEA Remedies
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Presenters: Catherine Reisman, Esq. and Sarah Zuba, Esq.

5/1/2017 to 5/10/2017
When: 2:00 PM
Where: Virtual Classroom
United States
Contact: Marcie Hipple
844-426-7224 ext.701

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Federal courts across the country are in flux over questions regarding whether district courts have the obligation – or even the authority – to hear certain disability rights claims asserted against educational defendants, even when those claims are grounded squarely on federal civil rights. Courts vary on the proper interpretation of Section 1415(l) of the Individuals with Disabilities Act (IDEA), which provides that the procedures for impartial due process hearings under the IDEA must be exhausted before filing a civil action under "Federal laws protecting the rights of children with disabilities,” but only when the action seeks "relief that is also available” under the IDEA. This session canvasses the state of the law on exhaustion of remedies and federal jurisdiction over claims against local education agencies under Section 504, the ADA, and other laws, and explore arguments that will persuade Article III judges to hear and decide federal civil rights claims.

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