Peters

MEMORANDUM **

Silvia Peters appeals pro se from the district court’s judgment dismissing her claims under the Individuals with Disabilities Education Act (“IDEA”), section 504 of the Rehabilitation Act, and 42 U.S.C. § 1983 . We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Kutasi v. Las Virgenes Unified Sch. Dist., 494 F.3d 1162, 1166 (9th Cir.2007); Stoner v. Santa Clara County Office of Educ., 502 F.3d 1116, 1120 (9th Cir.2007), cert. denied, - U.S. -, 128 S.Ct. 1728 , 170 L.Ed.2d 515 (2008), and we affirm.

The district court properly dismissed without prejudice Peters’ claims that arise from the alleged denial of a free appropriate public education because Peters failed to exhaust administrative procedures or allege that exhaustion was futile. See 20 U.S.C. § 1415 (i)(2)(A), (Z) (requiring exhaustion); Kutasi, 494 F.3d at 1167, 1169-70 (explaining that a plaintiff who alleges a violation of Title V of the Rehabilitation Act must exhaust the IDEA’S due process hearing procedures where the alleged “injuries could be redressed to some degree” by the administrative procedures and remedies).

The district court properly dismissed without prejudice Peters’…