Thiel

MEMORANDUM **

Robert J. Thiel and his wife Joyce K. Thiel, appeal pro se the district court’s

judgment dismissing their 42 U.S.C. § 1983 action for failure to exhaust administrative remedies. The Thiels sought damages and a temporary and permanent injunction following allegations that various individuals employed by the San Luis Obispo Office of Education, the Lucia Mar Unified School District, and the California Department of Education, denied their disabled son a free appropriate public education in violation of the Individuals with Disabilities in Education Act (“IDEA”). We have jurisdiction pursuant to 28 U.S.C. § 1291 . Whether exhaustion is required under the IDEA is a question of law that we review de novo. Witte v. Clark County Sch. Dist., 197 F.3d 1271 , 1274 (9th Cir.1999). We affirm.

The district court properly dismissed appellants’ action for failing to exhaust administrative remedies because the record reflects that they made, and then withdrew, their request for an administrative due process hearing. See Robb v. Bethel School Dist. #403, 308 F.3d 1047, 1049-50 (9th Cir.2002) (affirming dismissal of section 1983 action predicated on a violation of IDEA where…