Doe ex rel. Brockhuis v. Arizona Department of Education

John Doe, on behalf of a class of disabled juveniles housed at the Pima County Jail in Arizona, appeals from the district court’s dismissal for failure to exhaust administrative remedies of his claims under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400-1485 , the Rehabilitation Act, 29 U.S.C. § 794 , and 42 U.S.C. § 1983 . We agree with the district court that pursuing normal IDEA procedures would not have been futile in that there was nothing wrong with the hearing process, and the Department of Education did not deny responsibility for providing for the special education needs of juveniles detained at adult jail facilities. The Department simply didn’t know that these juveniles were there, and that does not amount to a systemic failure which exhaustion would not cure or for which structural remedies are required. As we have jurisdiction under 28 U.S.C. § 1291 , 1 we affirm.

*680 I

Doe sued on behalf of all persons under the age of 22 with a disability as defined under the IDEA who are housed at the Pima County Jail awaiting trial on criminal charges as adults and who may require special education and related services to obtain a free appropriate…