Pedroza

MEMORANDUM *

Dismissal for lack of subject matter jurisdiction was proper because the Pedrozas failed to exhaust IDEA’S administrative procedures. The right to bring a civil action is limited to a party aggrieved by the findings and decision made under subsection (f) or (k) of 20 U.S.C. § 1415 . 1 The exhaustion requirement applies whenever a plaintiff seeks relief for injuries that could be redressed to “any degree” by IDEA’S administrative procedures. 2

Here, the Pedrozas concede that they have not exhausted the administrative procedures specifically enumerated in IDEA’S exhaustion provision. The compliance complaint they filed with the California Department of Education does not satisfy IDEA’S exhaustion requirement. The state compliance complaint procedure utilized by the Pedrozas is not the federal exhaustion procedure required by the Act. The right to bring a civil action under the Act is limited to parties who have first availed themselves of the procedures under § 1415(f) or (k). 3

The narrow exception for compliance complaints we recognized in Hoeft v. Tucson Unified School District 4 does not apply. The district’s court finding that the School District had no general…