R.K.
R.K. v. Hayward Unified School District
Opinion
Lead Opinion
MEMORANDUM **
R.K., a minor, by and through his parents, T.K. and C.K., appeals the district court’s order dismissing, for lack of jurisdiction, his request for a “stay put” order as provided for in the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400 et seq. We affirm.
The district court properly dismissed R.K’s request for failure to exhaust administrative remedies because the record reflects that he made, and then withdrew, his request for a due process hearing. See Robb v. Bethel Sch. Dist. # 403, 308 F.3d 1047, 1049-50 (9th Cir. 2002) (affirming dismissal of claims predicated on IDEA where plaintiff failed to exhaust administrative remedies). By dismissing the underlying due process complaint, R.K. placed his stay put request outside the express language of the IDEA. See 20 U.S.C. § 1415® (providing for a stay put “during the pendency of any proceedings conducted pursuant to this section ... ”) (emphasis added).
*476 We find unpersuasive R.K’s contention that the mediation settlement agreement constituted a proceeding for purposes of section 1415(j) because the relevant time-frame of that agreement had already passed by the time R.K. filed suit in…