M.A.F

M.A.F v. Ripon Unified School District

Good Law
365 F. App'x 77
United States Court of Appeals for the Ninth CircuitFebruary 10, 201008-17708California946 words

Opinion

Opinion

MEMORANDUM

Plaintiffs appeal the district court’s dismissal of their suit for lack of subject matter jurisdiction due to a failure to exhaust their administrative remedies under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400-1482 . We affirm.

STANDARD OF REVIEW

In reviewing a Federal Rule of Civil Procedure 12(b)(1) motion to dismiss for lack of subject matter jurisdiction, this court accepts the allegations in Plaintiffs’ complaint as true and draws all reasonable inferences in their favor. Wolfe v. Strankman, 392 F.3d 358, 362 (9th Cir.2004). Whether exhaustion is required under the IDEA is a question of law that this court reviews de novo. Kutasi v. Las Virgenes Unified Sch. Dist., 494 F.3d 1162, 1166 (9th Cir.2007).

DISCUSSION

I. Exhaustion

The principal difficulty with Plaintiffs’ position on appeal is the IDEA’S mandate that they exhaust their administrative remedies prior to filing a civil action:

20 U.S.C. § 1415 (Z) (emphasis added); see also Hoeft v. Tucson Unified Sch. Dist., 967 F.2d 1298 , 1302 (9th Cir.1992) (“The IDEA ... does provide administrative appeal procedures to be pursued before seeking judicial review.”). Here, the only…

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