Issue: Whether the Handicapped Children’s Protection Act of 1986 commands exhaustion in a suit, brought under the Americans with Disabilities Act and the Rehabilitation Act that seeks damages – a remedy that is not available under the Individuals with Disabilities Education Act.
Yesterday the Supreme Court of the United States issued a unanimous decision stating that exhaustion of administrative remedies under IDEA is not necessary when plaintiff’s suit is something other than based on IDEA’s core guarantee of a free and appropriate education. Therefore, a student who files a claim that the school discriminated against them because of his or her disability does not need to file administrative proceedings as required by IDEA because the alleged discrimination happened at school.
Author: Kristin Springer Attorney at law
I am an attorney who practices civil rights and education law in the Bay Area. I was admitted into practice in November 2000. In addition to my license to practice law, I am a trained mediator who has completed over 40 hours of training and participated in numerous mediations.
In August 2016, after taking five years off to homeschool my children, I made the decision to focus my practice on the civil and educational rights of students in the State of California. Having a child who had an individual education plan until he graduated, I know firsthand how difficult it can be to advocate for your child to receive an appropriate education. I represent students with disabilities in disputes with their school district about what is an appropriate education. My work includes claims under the IDEA, ADA, Section 504 of the Rehabilitation Act, and California Law.
I have experience in handling disciplinary matters, Title IX investigations, and civil harassment/TRO hearings.
If you would like to contact me, feel free to call my office at 925-551-1041.
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Kristin Springer, Attorney 