Waters v. Egg Harbor Township Board of Education, (A-0927-12T1) (App. Div. March 10, 2015)

One may not repackage an IDEA claim in order to avoid IDEA requirements, such as exhaustion of available remedies.

The plaintiff alleged that the School District failed to “provide evaluations, services and support in order to address and remediate the [minor’s] disability.” Although the plaintiff’s complaint seemed to resound under the Individuals with Disabilities Education Act (IDEA), the plaintiff brought the claims under the New Jersey Law Against Discrimination and the New Jersey Civil Rights Act. The plaintiff alleged that he was not required to “exhaust administrative remedies,” as required under the IDEA, because he only sought monetary relief pursuant to the NJLAD and NJCRA. The defendants filed a motion to dismiss, arguing that the plaintiff could not “bypass” the procedural requirements of the IDEA by simply “repackaging” the claims under different state-based statutes. The trial court dismissed the plaintiff’s complaint for failure to exhaust administrative remedies. The Appellate Division affirmed.

Case Law Alerts, 2nd Quarter, April 2015

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