Filed: November 9, 2020
Court: Ninth Circuit Court of Appeals
Overview: Amicus brief explaining why exhaustion of administrative remedies is not required in systemic special education class action.
Excerpt: “Neither party disputed that SFUSD special education students lag far behind their non-disabled peers in educational achievement and graduation rates. Studies confirm that with effective and timely intervention, these students can be highly successful. But individual families cannot secure corrective measures on their own, especially for students without access to legal representation. And Plaintiffs are unlikely to successfully exhaust so as to file another systemic action because SFUSD can moot out any individual administrative appeal.”