Parents Need to Exhaust Administrative Remedies Under IDEA Before Making Discrimination Claims

In C. B. v. Sonora School District, 53 IDELR 115 (E. D. California 2009), the parents of a sixth grader with mood disorder filed a claim for disability discrimination after a school employee called police when the student "shut down". The police handcuffed the student then took him to a relative's home. The parents claimed discrimination and charged school personnel with not following the behavior intervention plan which outlined specific interventions to try when the student "shut down". The U. S. District Court (Eastern District in California), held that administrative remedies under IDEA must be exhausted before seeking relief under a Section 504 claim and Title II. Since the parents claimed the BIP was not being followed, the U. S. District Court does not have jurisdiction until administrative remedies under IDEA have been exhausted.