Greg Wiatt v. Prescott Unified School District

MEMORANDUM

Greg and Joyce Wiatt, on behalf of their two school-aged children, Weston and Emily Wiatt, appeal the dismissal of their action against Prescott Unified School District under the Individuals with Disabilities Education Act (“IDEA”), 42 U.S.C. § 1988, the Rehabilitation Act, the Americans with Disabilities Act and state laws. The Wiatts alleged that their two autistic children were denied a free appropriate public education, as required by the IDEA. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a district court’s decision to dismiss a case for failure to exhaust administrative remedies under IDEA, Hoeft v. Tucson Unified Sch. Dist., 967 F.2d 1298 , 1302-3 (9th Cir.1992), and we affirm.

The district court properly dismissed the Wiatts’ federal law claims without prejudice, for failure to exhaust their IDEA administrative remedies. “The dis-positive question generally is whether the plaintiff has alleged injuries that could be redressed to any degree by the IDEA’S administrative procedures and remedies.” Robb v. Bethel Sch. Dist., 308 F.3d 1047 , 1050 (9th Cir.2002). The Wiatts failed to show that their injuries could not be redressed to any…