H.B. ex rel. P.B. v. Las Virgenes Unified School District

MEMORANDUM *

Las Vírgenes Unified School District (“School District”) timely appeals the district court’s order regarding procedural compliance with the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1401 et seq. The district court held that the School District violated the IDEA by predetermining the student plaintiffs placement. The School District argues that the district court did not have subject matter jurisdiction to consider the issue of predetermination, and alternatively, that the placement was not predetermined. We find that the issue of predetermination is properly before the court but remand for further factual proceedings regarding the merits of the claim.

*344 I

The School District argues for the first time on appeal that the district court lacked subject matter jurisdiction over the predetermination claim because plaintiffs failed to exhaust the issue administratively. Generally, a plaintiff alleging violation of the IDEA must exhaust administrative remedies before pursuing the claim in federal court. See Robb v. Bethel Sch. Dist. # 403, 308 F.3d 1047, 1050 (9th Cir.2002). We have held that this exhaustion requirement is jurisdictional. Id.…