Fliess

MEMORANDUM ***

Adam Fliess, an elementary school student with severe emotional and behavioral problems, brought this suit against the Washoe County School District (“District”) through his guardian, Kenneth Fliess. Pursuant to the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. §§ 1400-1487 , Adam and the District formulated an Individualized Education Plan (“IEP”) that specified the disciplinary protocol that District officials were to use in order to control Adam’s behavioral prob *241 lems. In his complaint, Adam alleged that on two separate occasions District officials and police officers violated the discipline provisions of his IEP. The first time, someone handcuffed Adam and placed him in the back of a police car. The second time, police officers cited Adam without notifying his guardian, and attempted to get Adam’s signature on the citation. Both incidents caused Adam to suffer severe emotional distress.

Adam filed suit in federal district court, alleging a federal claim under the IDEA and a state-law claim for negligent supervision. The district court dismissed his IDEA claim for lack of subject matter jurisdiction because he failed to exhaust his…