IDEA Settlements and Exhaustion

A party generally cannot bring a civil lawsuit regarding claims that arise under the IDEA unless they have exhausted those claims in a due process hearing first. However, most special education cases settle before hearing, and the IDEA encourages resolution of claims between school districts and parents, with built-in mediation procedures and a resolution meeting requirement. Also, many families wish to bring discrimination claims against school districts for violations of student civil rights, seeking relief that they cannot obtain in a due process hearing (such as financial compensation for harm), for claims that administrative law judges won’t hear.