Wednesday, February 22, 2017
Breaking: Supreme Court Rules Exhaustion Only Required Where FAPE Is In Issue #scotus #exhaustion
The United States Supreme Court Ruled today in Fry v Napoleon Community Schools that IDEA exhaustion is required only when IDEA FAPE is at issue. This decision reverses the Sixth Circuit decision that held that a parent must exhaust IDEA remedies before pursuing a §504 action for the failure of a school district to allow a student with a disability to have a service dog.
Get this the decision was 8-0, with six justices joining Justice Kagan's majority opinion and two others concurring.
You can read the entire decision and concurrence here. More to come on this unanimous special ed decision.