Huson ex rel. Huson v. Simi Valley Unified School District

MEMORANDUM **

James Huson and his parents, Michael and Tena Huson (the “Husons”) appeal the district court’s dismissal of their claims under the Rehabilitation Act, Americans with Disabilities Act, and 42 U.S.C. § 1983 . Because the parties are familiar with the facts of the case, we repeat them here only to the extent necessary to explain our decision. We have jurisdiction over the district court’s order under 28 U.S.C. § 1291 . We review questions of law, such as whether administrative exhaustion is required under the Individuals with Disabilities Education Act, (“IDEA”) de novo. Witte v. Clark County Sch. Dist., 197 F.3d 1271 , 1274 (9th Cir.1999). We affirm.

“[Pjlaintiffs must exhaust administrative remedies before filing a civil lawsuit if they seek relief for injuries that could be redressed to any degree by the IDEA’S administrative procedures.” Kutasi v. Las Virgenes Sch. Dist., 494 F.3d 1162, 1163 (9th Cir.2007) (emphasis added); see also Robb v. Bethel Sch. Dist., #403, 308 F.3d 1047, 1050 (9th Cir.2002). Exhaustion is not required where the IDEA administrative process would be “futile or inadequate.” Honig v. Doe, 484 U.S. 305, 327 , 108 S.Ct. 592 , 98 L.Ed.2d 686…