United States Ninth Circuit

The Individuals with Disabilities Education Act (IDEA) does not require exhaustion of California's federally-mandated Complaint Resolution Procedure in addition to exhaustion of its due process procedures, before filing suit for violations of the IDEA.

Appellate Information

• Argued 04/04/2002
• Decided 10/08/2002
• Published 10/08/2002

Judges

• FISHER, Circuit Judge., Before: HAWKINS and FISHER, Circuit Judges, WEINER, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Steven M. Wyner, Manhattan Beach, CA, for the plaintiffs-appellants., Mark L. Gross and Seth M. Galanter, United States Department of Justice Civil Rights Division, Washington, D.C., for the amicus United States of America.


• For Appellees:
  
• Andrew V. Arczynski, Filarsky & Watt, Ojai, CA, for the defendants-appellees Board of Trustees of Manhattan Beach Unified School District and Manhattan Beach Unified School District., John W. Allen, Gibeaut, Mahan & Briscoe, Los Angeles, CA, for the defendants-appellees Linda M. Jones and Gerald F. Davis., Allan H. Keown, Deputy General Counsel, California Department of Education, Sacramento, California, for the defendants-appellees Board of Education of the State of California, California Department of Education and Delaine Eastin.