Jason was able to have regular access to his daughter’s records and his and CW’s “input was carefully considered and instituted when developing” CW’s IEP.xi He was also able to file a formal complaint to CW’s IEP team who then set a date for an impartial due process hearing.xii
He was not, however, offered a chance to mediate his claims before the filing of the official complaint. Despite the fact that Jason had been “complaining to both the ODoE and the Porter
School” since 2015, about the deficiencies of the IEP, the ODoE’s only response was a letter declining to change the IEP.xiii While the ODoE began installing a ramp in the library to help mitigate the problems for CW, this does not excuse the fact that a mediation was not offered.xiv …show more content…
B. Jason Is Required to Exhaust Remedies Available To Him Under The IDEA.
Despite procedural defects, Jason is still required to exhaust the remedies available to him under the IDEA before bringing a civil claim. Although Jason was not offered the chance to mediate, he was able to file a formal complaint with CW’s IEP team and therefore has to exhaust his administrative remedies before continuing on to civil court. The procedure for a complaint follows that if the impartial due process hearing is conducted by the local educational agency,
Jason would need to appeal decisions to the state educational agency.xv If he did not agree with the state educational agency decision, only then would he be able to bring a civil suit.xvi
3
While the statute does not directly state that there must be exhaustion, the exhaustion doctrine applies with “particular force when the action under review involves exercise of the agency’s discretionary power or when the agency proceedings in question allow the agency to apply its special expertise.”xvii To decide whether a person must exhaust administrative remedies the courts must first look to congressional intent.xviii If no clear intent is evinced, courts
He was not, however, offered a chance to mediate his claims before the filing of the official complaint. Despite the fact that Jason had been “complaining to both the ODoE and the Porter
School” since 2015, about the deficiencies of the IEP, the ODoE’s only response was a letter declining to change the IEP.xiii While the ODoE began installing a ramp in the library to help mitigate the problems for CW, this does not excuse the fact that a mediation was not offered.xiv …show more content…
B. Jason Is Required to Exhaust Remedies Available To Him Under The IDEA.
Despite procedural defects, Jason is still required to exhaust the remedies available to him under the IDEA before bringing a civil claim. Although Jason was not offered the chance to mediate, he was able to file a formal complaint with CW’s IEP team and therefore has to exhaust his administrative remedies before continuing on to civil court. The procedure for a complaint follows that if the impartial due process hearing is conducted by the local educational agency,
Jason would need to appeal decisions to the state educational agency.xv If he did not agree with the state educational agency decision, only then would he be able to bring a civil suit.xvi
3
While the statute does not directly state that there must be exhaustion, the exhaustion doctrine applies with “particular force when the action under review involves exercise of the agency’s discretionary power or when the agency proceedings in question allow the agency to apply its special expertise.”xvii To decide whether a person must exhaust administrative remedies the courts must first look to congressional intent.xviii If no clear intent is evinced, courts