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eBook details

• Title: Covington V. Knox County School System
• Author : Sixth Circuit U.S. Court of Appeals
• Release Date : January 06, 2000
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

Plaintiff-appellant Burma Covington, acting as legal conservator for her disabled son Jason, appeals the district court's grant of summary judgment for the defendants due to Covington's failure to exhaust her administrative remedies under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq. Covington argues that her claim, which alleges violations of David's substantive due process rights by his special education school and its officials, does not arise under the IDEA and therefore does not require exhaustion. She further contends that, even if her complaint falls within the scope of the IDEA, exhaustion would be futile in the circumstances of this case and therefore is not required. Because we agree that exhaustion is futile when, as here, damages are the only suitable remedy for the plaintiff's alleged injuries and yet damages are unavailable through the administrative process, we REVERSE the district court's grant of summary judgment and REMAND for further proceedings.

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