Fraser
Fraser v. Tamalpais Union High School District
Opinion
Lead Opinion
MEMORANDUM *
The facts and procedural posture of this case are familial' to the parties, and we do not repeat them here. Matthew Fraser and his parents, Judith and Stephen Fraser, appeal the district court’s dismissal of their suit alleging violations of Section 504 of the Rehabilitation Act of 1973 (“Section 504”), 42 U.S.C. § 1983 , and associated state law claims. The district court dismissed the Frasers’ suit because they were seeking relief that could have been addressed through the remedies available under the Individuals with Disabilities Education Act (“IDEA”), but failed to exhaust their IDEA administrative remedies. See 20 U.S.C. § 1415 (0; Kutasi v. Las Virgenes Unified Sch. Dist., 494 F.3d 1162, 1163 (9th Cir.2007). We review the district court’s decision de novo, Kutasi, 494 F.3d at 1166 , and we affirm.
Although Section 504 imposes on school districts receiving federal funds slightly different obligations than the IDEA imposes on school districts receiving IDEA money, see Mark H. v. Lemahieu, 513 F.3d 922, 933 (9th Cir.2008) (“FAPE under the IDEA and FAPE as defined in the § 504 regulations are similar but not identical.”), Congress requires plaintiffs “seeking…