Philadelphia Schools Prevail in Low-English Speakers’ IDEA Suit – Bloomberg Law

July 9, 2021, 7:21 PM

Low-English proficiency parents of children with special education needs are barred from suing Philadelphia’s school district over alleged deficiencies in its translation services because they didn’t seek administrative review first, the Third Circuit said Friday.

The parents couldn’t take advantage of the systemic exception to the Individuals with Disabilities Education Act’s administrative exhaustion requirement because they could get the relief they seek by bringing individualized claims, the U.S. Court of Appeals for the Third Circuit said.

An administrative hearing officer could, for example, order the school district to provide each parent with translated individualized education programs for their children …