The plaintiff appeals from the district court's dismissal of her civil-rights action against an independent school district. A school district refuses reasonable accommodations under Individuals with Disabilities in Education Act §504 when it fails to exercise professional judgment in response to changing circumstances or new information, even if the district has already provided an accommodation based on an initial exercise of such judgment. Because the plaintiff's gross-misjudgment theory of liability does not appear to seek money damages "as a substitute for relief under the IDEA," the plaintiff need not have exhausted her §504 claim under the IDEA before presenting it to the district court. The district court's dismissal is reversed and remanded. 5th U.S. Circuit Court of Appeals, No. 11-51067, 03-14-2013.
Stewart v. Waco Independent School District
March 20, 2013