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FRY v. NAPOLEON COMMUNITY SCHOOLS

No. 14-1137.

788 F.3d 622 (2015)

Stacy FRY and Brent Fry, as next friends of minor E.F., Plaintiffs-Appellants, v. NAPOLEON COMMUNITY SCHOOLS; Pamela Barnes; Jackson County Intermediate School District, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 12, 2015.

Attorney(s) appearing for the Case

ARGUED: James F. Hermon, Dykema Gossett PLLC, Detroit, Michigan, for Appellants. Timothy J. Mullins, Giarmarco, Mullins & Horton, P.C., Troy, Michigan, for Appellees. ON BRIEF: James F. Hermon, Dykema Gossett PLLC, Detroit, Michigan, for Appellants. Timothy J. Mullins, Kenneth B. Chapie, Giarmarco, Mullins & Horton, P.C., Troy, Michigan, for Appellees.

ROGERS, J., delivered the opinion of the court in which DONALD, J., joined. DAUGHTREY, J. (pp. 631-38), delivered a separate dissenting opinion.

OPINION

The administrative exhaustion requirements of the Individuals with Disabilities Education Act (IDEA) must, under that act, be met even with respect to some claims under the Americans with Disabilities Act (ADA) and the Rehabilitation Act. The question on this appeal is whether the ADA and Rehabilitation Act...

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