Fry v. Napoleon Cmty. Schs

The Frys’ daughter, E.F., suffers from cerebral palsy and was prescribed a service dog to assist her with everyday tasks. Her school, which provided her with a human aid as part of her Individualized Education Program (IEP) under the Individuals with Disabilities Education Act (IDEA, 20 U.S.C. 1415) refused to permit her to bring her service dog to school. The Frys sued. The district court dismissed on the grounds that because the Frys’ claims necessarily implicated E.F.’s IEP, the IDEA’s exhaustion provision required the Frys to exhaust IDEA administrative procedures prior to bringing suit under the ADA and Rehabilitation Act. The Sixth Circuit affirmed, rejecting an argument that the IDEA exhaustion provision does not apply because the Frys did not seek relief provided by IDEA procedures. Because the specific injuries the Frys allege are essentially educational, they are exactly the sort of injuries the IDEA aims to prevent, so the IDEA’s exhaustion requirement applies to the Frys’ claims. View "Fry v. Napoleon Cmty. Schs" on Justia Law