Legal Opinion
Payne Ex Rel. D.P. v. Peninsula School District
Court of Appeals for the Ninth Circuit
Decided July 29, 2011No. 07-35115PublishedCited by 110 opinions
1Opinion of the Court
OPINION
BYBEE, Circuit Judge:
We agreed to rehear this case en banc to clarify under what circumstances the IDEA’S exhaustion requirement bars non-IDEA federal or state law claims.
Appellant Windy Payne, on behalf of herself and her son, D.P., appeals the district court’s grant of summary judgment to the defendants. The district court dismissed her claim for lack of subject matter jurisdiction because Payne did not initially seek relief in a due process hearing and therefore failed to comply with one of the exhaustion-of-remedies requirement of the Individuals with Disabilities Education Act…
2Cases cited45 opinions
- Jones v. BockSupreme Court of the United States · 2007
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
- Rose v. LundySupreme Court of the United States · 1982
- Booth v. ChurnerSupreme Court of the United States · 2001
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3Cited by110 opinions
- Juan Albino v. Lee BacaCourt of Appeals for the Ninth Circuit · 2014
- Javiad Akhtar v. J. MesaCourt of Appeals for the Ninth Circuit · 2012
- Fry v. Napoleon Community SchoolsSupreme Court of the United States · 2017
- HENRY A. v. WilldenCourt of Appeals for the Ninth Circuit · 2012
- Jack Leeson v. Transamerica Disability IncomeCourt of Appeals for the Ninth Circuit · 2012
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