Fry v. Napoleon Community Schools
Supreme Court
137 S. Ct. 743 (2017)
E.F., a child with cerebral palsy who used a trained service dog, was barred by her elementary school (defendant) from bringing the dog to school; her parents, Stacy and Brent Fry (plaintiffs), filed a complaint with the Department of Education's Office of Civil Rights alleging violations of the ADA and Rehabilitation Act, and prevailed there. When the Frys later pursued a lawsuit, the school argued they first needed to exhaust administrative remedies under the IDEA, which requires exhaustion when a claim seeks relief also available under IDEA's guarantee of a free appropriate public education; the court of appeals agreed the claims were educational in nature and required IDEA exhaustion, and the Supreme Court granted certiorari.
Whether IDEA's administrative exhaustion requirement applies to a discrimination complaint that touches on school conduct but does not seek relief for denial of a free appropriate public education.