DOE v. HARLANDALE INDEPENDENT SCHOOL DISTRICT (2020)

United States Court of Appeals, Fifth Circuit.

Jon Harlandale-Ga DOE, Plaintiff−Appellant, v. HARLANDALE INDEPENDENT SCHOOL DISTRICT, Defendant−Appellee.

No. 19-50654

Decided: March 11, 2020

Before DAVIS, SMITH, and HIGGINSON, Circuit Judges.

Terry P. Gorman, I, Attorney, Gorman Law Firm, P.L.L.C., Austin, TX, for Plaintiff - Appellant Katie Elizabeth Payne, Donald Craig Wood, Attorney, Walsh Gallegos Trevino Russo Kyle, San Antonio, TX, for Defendant - Appellee

The plaintiff sued for relief under Section 504 of the Rehabilitation Act of 1973 and 42 U.S.C. § 1983. The district court properly dismissed for failure to exhaust for not invoking the IDEA administrative review process. The court noted that the “exhaustion requirement applies even if relief is sought under other federal laws” such as § 1983. The defendant school district helpfully points out that just a few months after the district court entered judgment, this court reiterated this exhaustion requirement in McMillen v. New Caney Independent School District, 939 F.3d 640, 645−47 (5th Cir. 2019), petition for cert. filed (Jan. 30, 2020) (No. 19-972).

AFFIRMED.

FOOTNOTES

FOOTNOTE.

PER CURIAM:* FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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