The school is allowed to removal of the IDEA, Section 504, and ADA claims because the parents did not exhaust administrative remedies under IDEA. One issue raised by the trial court is that the exhaustion requirements of the IDEA applied in equal measure to the other claims since the Section 504 and ADA claims are associated with injuries that could be sought redress to under the IDEA. The issue put forward by the parents is that their complaint was with the refusal of the school to provide Section 504 services, to which the court noted that “a parent may not circumvent the administrative procedures of IDEA by voluntarily revoking approval under IDEA, and afterwards recast their complaints under Section 504 and the ADA.
The trial court’s decision was that the parent are not capable of revoking assent to services under IDEA, and then proceed to demand that the school make available Section 504 services instead. Therefore, the school was not under any legal obligation to provide services.
The reasoning behind this decision was influenced by a citation from a Letter of McKethan issued by OCR. By refusing services developed under IDEA, the parents effectively rejected services under Section 504. Hence, the revocation of services by the parents under IDEA was equivalent to revocation under Section 504 and the ...Show more