Wednesday, September 18, 2013
Is Pursuing Administrative Relief Futile After Graduation for Special Education Students? Court Says No
Dakota Horton enrolled in a new school in the fall of 2008. In his prior school, he had received services pursuant to a Section 504 plan, but when he enrolled in Boone County Schools, his 504 plan was never reviewed, notwithstanding his parents requests. In his senior year, he encountered problems in math and requested an accommodation. He did not receive it, did not pass the course, and was unable to graduate with his class in May of 2012. He did, however, graduate that summer. Apparently, this delayed graduation and the course structure affected his subsequent college opportunities and requirements.
He filed a claim against the district under Section 504 of the Rehabilitation Act of 1973 and IDEA. The district court dismissed his case for failure to exhaust his administrative remedies. Horton asserted that his administrative remedies were futile because he had already graduated from high school, but the district court in Horton v. Boone Cnty. Sch. Dist., 2013 WL 4875025 (E.D. Kentucky 2013), disagreed, finding that he still could have sought compensatory services from the district after the fact.