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Polera,
a visually impaired student, attended public school in the Newburgh
Enlarged City School District until she graduated in 1997. Polera
alleged that the school system failed to provide her with the proper
educational tools, for which she qualified as a disabled student,
such as compensation for tutoring, study materials, and recognition
for educational achievements. Instead of seeking relief through
the administrative remedies available through the Individuals with
Disabilities Education Act (“IDEA”), Polera filed a complaint in
federal court in December of 1996, including claims under the American’s
with Disabilities Act (“ADA”) and Section 504 of Rehabilitation
Act (“Rehab Act”), among others. The District Court found that Polera’s
situation excused her from exhausting all administrative remedies
available regarding the educational claims because the pursuit for
those remedies would have been futile. Additionally, the court found
that the Board had discriminated against Polera under both the ADA
and the Rehab Act and subsequently awarded Polera $30,000 in compensatory
damages.
On appeal,
the Second Circuit Court reversed the District Court’s decision
and determined that Polera was required to exhaust her administrative
remedies before filing a complaint in federal court. Though the
plaintiff brought the case under the ADA and the Rehab Act, the
causes of action fell under the ambit of IDEA, and IDEA provides
that before a plaintiff may seek relief under any federal law protecting
the rights of children with disabilities, which is also available
under IDEA, all administrative remedies must be exhausted. Failure
of a plaintiff to exhaust these remedies before filing a complaint
deprives the court of subject matter jurisdiction.
The Second
Circuit also found that monetary damages are not available under
IDEA because such a remedy would be inconsistent with the statute’s
purpose of providing public education to disabled children. Polera
was still able to seek the equitable relief requested, but only
after exhausting the available administrative remedies. A plaintiff
may not avoid the administrative process by simply requesting relief,
such as monetary damages, not available through the administrative
process. As a result, the court remanded the case to the district
court with instructions to dismiss the complaint.
(GG 6/02)
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