Doe v. Harlandale Independent School District

Western District of Texas, txwd-5:2018-cv-00889

ORDER GRANTING {{12}} Motion to Dismiss for failure to exhaust administrativeremedies. Signed by Chief Judge Orlando L. Garcia.

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iN THE UNITED STATES DISTRTCT COURT FILED FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION JUN 1 3 O19 CLERK, U.S. DISTRICT COURT WESTERN DIST T S DLERK Plaintiff V. CIVIL ACTION NO. SA-1 8-CA-889-OG HARLANDALE INDEPENDENT SCHOOL DISTRICT Defendant Pending before the Court is Defendant's motion to dismiss, filed pursuant to Fed. R. Civ. P. 12(b)(l), (6). Docket no. 12. No response has been filed within the time allowed under the rules. The Court has reviewed the motion and applicable law, and finds the undisputed grounds for dismissal to be meritorious. A plaintiff must exhaust the IDEA administrative review process before filing suit. See 20 U.S.C. § 1415(f), (g), (i); Gardner v. Sch. Bd. Caddo Parish, 958 F.2d 108, 112 (5th Cir. 1992). This exhaustion requirement applies even if relief is sought under other federal laws such as the ADA, Rehabilitation Act, and/or 42 U.S.C. § 1983. 20 U.S.C. § 14 15(1). The administrative process utilizes the expertise of local agencies, resolves evidentiary disputes, develops a factual record, and encourages consistency and procedural efficiency. See Komninos v. Upper Saddle River Bd. of Educ., 13 F.3d 775, 779 (3d Cir. 1994).1 Plaintiff does not dispute that he failed to exhaust administrative remedies, nor does he attempt to show that exhaustion of the 1Astudent's educational years are brief and pass by quickly, so efficiency and expediency are key to addressing and resolving issues that may arise. administrative process would have been futile. It is therefore ORDERED that Defendant's motion to dismiss (docket no. 12) is GRANTED, and this case is DISMISSED without prejudice for failure to exhaust administrative remedies. Defendant's request for sanctions is denied. This case may be closed. SIGNED and ENTERED this 3 day of June, 2019. \ ORLANDO L. GARCIA CHIEF U.S. DISTRICT JUDGE