United States Tenth Circuit

In an action brought by a former student who suffers from autism alleging that defendant-district's policy limiting extended school-year services to maintenance of previously learned skills violates the Individuals with Disabilities Education Act (IDEA), a judgment on the merits ruling against plaintiff is reversed and remanded for dismissal of the action where: 1) plaintiff failed to exhaust his administrative remedies under 20 U.S.C. section 1415; and 2) no exception to the exhaustion requirement applies.

Appellate Information

• Decided 05/25/2007
• Published 05/29/2007

Judges

• HARTZ, Circuit Judge., Before HARTZ, SEYMOUR, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Michael C. Cook, Michael C. Cook, P.C., Colorado Springs, CO, for Plaintiff-Appellant., John W. Suthers, Attorney General, and Antony B. Dyl, Assistant Attorney General, State of Colorado, Denver, CO, filed an amicus curiae brief for the Colorado Department of Education., Kathleen M. Shannon, Colorado Association of School Boards, Denver, CO, filed an amicus curiae brief for the Colorado Association of School Boards.


• For Appellees:
  
• Brent E. Rychener (Deborah S. Menkins with him on the brief) of Holme Roberts & Owen LLP, Colorado Springs, CO, for Defendant-Appellee.