DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
121112P.pdf 07/24/2013 J.B. v. Avilla R-XIII School District
U.S. Court of Appeals Case No: 12-1112
and No: 12-1113
U.S. District Court for the Western District of Missouri - Joplin
[PUBLISHED] [Bye, Author, with Melloy and Smith, Circuit Judges]
Civil case - School law. A claim for reimbursement for private educational
services, to which a student is entitled under the Individuals with
Disabilities Education Act and which should have been borne by a school
district, is a form of relief under the IDEA and must be exhausted through
the administrative remedies provided in the IDEA before suit can be filed;
none of the exceptions to this exhaustion requirement - futility,
inability of the administrative process to provide adequate relief or the
establishment of an agency policy or practice of general applicability
that is contrary to law - applied here to excuse plaintiffs' failure to
exhaust.