Fry v. Napoleon Cmty. Sch.

• Decision Date: 22 February 2017
• Docket Number: No. 15–497.,15–497.
• Citation: 197 L.Ed.2d 46,137 S.Ct. 743
• Parties: Stacy FRY, et vir, as next friends of minor E.F., Petitioners v. NAPOLEON COMMUNITY SCHOOLS, et al.
• Court: U.S. Supreme Court

137 S.Ct. 743

197 L.Ed.2d 46

Stacy FRY, et vir, as next friends of minor E.F., Petitioners

v.NAPOLEON COMMUNITY SCHOOLS, et al.

No. 15–497.

Supreme Court of the United States

Argued Oct. 31, 2016.

Decided Feb. 22, 2017.

Samuel R. Bagenstos, Ann Arbor, MI, for Petitioners.

Roman Martinez, for the United States as amicus curiae, by special leave of the Court, supporting Petitioners.

Neal K. Katyal, Washington, DC, for Respondents.

Samuel R. Bagenstos, Cooperating Attorney, American Civil Liberties Union, Fund of Michigan, Ann Arbor, MI, Steven R. Shapiro, American Civil Liberties Union, Foundation, New York, NY, Jill M. Wheaton, James F. Hermon, Dykema Gossett PLLC, Ann Arbor, MI, Michael J. Steinberg, American Civil Liberties Union, Fund of Michigan, Detroit, MI, Susan P. Mizner, Claudia Center, American Civil Liberties Union, Foundation, San Francisco, CA, for Petitioners.

Thomas P. Schmidt, Hogan Lovells US LLP, New York, NY, Timothy J. Mullins, Kenneth B. Chapie, Giarmarco, Mullins & Horton, P.C., Troy, MI, Neal Kumar Katyal, Eugene A. Sokoloff, Mitchell P. Reich, Hogan Lovells US LLP, Washington, DC, for Respondents.

Justice KAGAN delivered the opinion of the Court.

The Individuals with Disabilities Education Act (IDEA or Act), 84 Stat. 175, as amended, 20 U.S.C. § 1400 et seq., ensures that children with disabilities receive needed special education services. One of its provisions, § 1415(l ), addresses the Act's relationship with other laws protecting those children. Section 1415(l ) makes clear that nothing in the IDEA "restrict[s] or limit[s] the rights [or] remedies" that other federal laws, including antidiscrimination statutes, confer on children with disabilities. At the same time, the section states that if a suit brought under such a law "seek[s] relief that is also available under" the IDEA, the plaintiff must first exhaust the IDEA's administrative procedures. In this case, we consider the scope of that exhaustion requirement. We hold that exhaustion is not necessary when the gravamen of the plaintiff's suit is something other than the denial of the IDEA's core guarantee—what the Act calls a "free appropriate public education." § 1412(a)(1)(A).

I

A

The IDEA offers federal funds to States in exchange for a commitment: to furnish a "free appropriate public education"—more concisely known as a FAPE—to all children with certain physical or intellectual disabilities. Ibid. ; see § 1401(3)(A)(i) (listing covered disabilities). As defined in the Act, a FAPE comprises "special education and related services"—both "instruction" tailored to meet a child's "unique needs" and sufficient "supportive services" to permit the child to benefit from that instruction. §§ 1401(9), (26), (29) ; see Board of Ed. of Hendrick Hudson Central School Dist., Westchester Cty. v. Rowley, 458 U.S. 176, 203, 102 S.Ct. 3034, 73 L.Ed.2d 690 (1982). An eligible child, as this Court has explained, acquires a "substantive right" to such an education once a State accepts the IDEA's financial assistance. Smith v. Robinson, 468 U.S. 992, 1010, 104 S.Ct. 3457, 82 L.Ed.2d 746 (1984).

Under the IDEA, an "individualized education program," called an IEP for short, serves as the "primary vehicle" for providing each child with the promised FAPE. Honig v. Doe, 484 U.S. 305, 311, 108 S.Ct. 592, 98 L.Ed.2d 686 (1988) ; see § 1414(d). (Welcome to—and apologies for—the acronymic world of federal legislation.) Crafted by a child's "IEP Team"—a group of school officials, teachers, and parents—the IEP spells out a personalized plan to meet all of the child's "educational needs." §§ 1414(d)(1)(A)(i)(II)(bb), (d)(1)(B). Most notably, the IEP documents the child's current "levels of academic achievement," specifies "measurable annual goals" for how she can "make progress in the general education curriculum," and lists the "special education and related services" to be provided so that she can "advance appropriately toward [those] goals." §§ 1414(d)(1)(A)(i)(I), (II), (IV)(aa).

Because parents and school representatives sometimes cannot agree on such issues, the IDEA establishes formal procedures for resolving disputes. To begin, a dissatisfied parent may file a complaint as to any matter concerning the provision of a FAPE with the local or state educational agency (as state law provides). See § 1415(b)(6). That pleading generally triggers a "[p]reliminary meeting" involving the contending parties, § 1415(f)(1)(B)(i) ; at their option, the parties may instead (or also) pursue a full-fledged mediation process, see § 1415(e). Assuming their impasse continues, the matter proceeds to a "due process hearing" before an impartial hearing officer. § 1415(f)(1)(A) ; see § 1415(f)(3)(A)(i). Any decision of the officer granting substantive relief must be "based on a determination of whether the child received a [FAPE]." § 1415(f)(3)(E)(i). If the hearing is initially conducted at the local level, the ruling is appealable to the state agency. See § 1415(g). Finally, a parent unhappy with the outcome of the administrative process may seek judicial review by filing a civil action in state or federal court. See § 1415(i)(2)(A).

Important as the IDEA is for children with disabilities, it is not the only federal statute protecting their interests. Of particular relevance to this case are two antidiscrimination laws—Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131 et seq., and § 504 of the Rehabilitation Act, 29 U.S.C. § 794 —which cover both adults and children with disabilities, in both public schools and other settings. Title II forbids any "public entity" from discriminating based on disability; Section 504 applies the same prohibition to any federally funded "program or activity." 42 U.S.C. §§ 12131 – 12132 ; 29 U.S.C. § 794(a). A regulation implementing Title II requires a public entity to make "reasonable modifications" to its "policies, practices, or procedures" when necessary to avoid such discrimination. 28 C.F.R. § 35.130(b)(7) (2016) ; see, e.g., Alboniga v. School Bd. of Broward Cty., 87 F.Supp.3d 1319, 1345 (S.D.Fla.2015) (requiring an accommodation to permit use of a service animal under Title II). In similar vein, courts have interpreted § 504 as demanding certain "reasonable" modifications to existing practices in order to "accommodate" persons with disabilities. Alexander v. Choate, 469 U.S. 287, 299–300, 105 S.Ct. 712, 83 L.Ed.2d 661 (1985) ; see, e.g., Sullivan v. Vallejo City Unified School Dist.,

731 F.Supp. 947, 961–962 (E.D.Cal.1990) (requiring an accommodation to permit use of a service animal under § 504 ). And both statutes authorize individuals to seek redress for violations of their substantive guarantees by bringing suits for injunctive relief or money damages. See 29 U.S.C. § 794a(a)(2) ; 42 U.S.C. § 12133.

This Court first considered the interaction between such laws and the IDEA in Smith v. Robinson, 468 U.S. 992, 104 S.Ct. 3457, 82 L.Ed.2d 746.¹ The plaintiffs there sought "to secure a ‘free appropriate public education’ for [their] handicapped child." Id., at 994, 104 S.Ct. 3457. But instead of bringing suit under the IDEA alone, they appended "virtually identical" claims (again alleging the denial of a "free appropriate public education") under § 504 of the Rehabilitation Act and the Fourteenth Amendment's Equal Protection Clause. Id., at 1009, 104 S.Ct. 3457 ; see id., at 1016, 104 S.Ct. 3457. The Court held that the IDEA altogether foreclosed those additional claims: With its "comprehensive" and "carefully tailored" provisions, the Act was "the exclusive avenue" through which a child with a disability (or his parents) could challenge the adequacy of his education. Id., at 1009, 104 S.Ct. 3457 ; see id., at 1013, 1016, 1021, 104 S.Ct. 3457.

Congress was quick to respond. In the Handicapped Children's Protection Act of 1986, 100 Stat. 796, it overturned Smith 's preclusion of non-IDEA claims while also adding a carefully defined exhaustion requirement. Now codified at 20 U.S.C. § 1415(l ), the relevant provision of that statute reads:

"Nothing in [the IDEA] shall be construed to restrict or limit the rights, procedures, and remedies available under the Constitution, the [ADA], title V of the Rehabilitation Act [including § 504 ], or other Federal laws protecting the rights of children with disabilities, except that before the filing of a civil action under such laws seeking relief that is also available under [the IDEA], the [IDEA's administrative procedures] shall be exhausted to the same extent as would be required had the action been brought under [the IDEA]."

The first half of § 1415(l ) (up until "except that") "reaffirm[s] the viability" of federal statutes like the ADA or Rehabilitation Act "as separate vehicles," no less integral than the IDEA, "for ensuring the rights of handicapped children." H.R.Rep. No. 99–296, p. 4 (1985); see id., at 6. According to that opening phrase, the IDEA does not prevent a plaintiff from asserting claims under such laws even if, as in Smith itself, those claims allege the denial of an appropriate public education (much as an IDEA claim would). But the second half of § 1415(l ) (from "except that" onward) imposes a limit on that "anything goes" regime, in the form of an exhaustion provision. According to that closing phrase, a plaintiff bringing suit under the ADA, the Rehabilitation Act, or similar laws must in certain circumstances—that is, when "seeking relief that is also available under" the IDEA—first exhaust the IDEA's administrative procedures. The reach of that requirement is the issue in this case.

B

Petitioner E.F. is a child with a severe form of cerebral palsy, which "significantly limits her motor skills and mobility." App. to Brief in Opposition 6, Complaint ¶ 19.² When E.F. was five years old, her parents—petitioners Stacy and Brent Fry—obtained a trained service dog for her, as recommended by her pediatrician. The dog, a goldendoodle named Wonder, "help[s E.F.] to live as...