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Philip Baldessarre & Valentina Baldessarre, O/B/O Daniel Baldessarre v. Monroe-Woodbury Central School District

September 14, 2012

PHILIP BALDESSARRE & VALENTINA BALDESSARRE, O/B/O DANIEL BALDESSARRE, PLAINTIFFS-APPELLANTS,
v.
MONROE-WOODBURY CENTRAL SCHOOL DISTRICT, ALTHEA SCHEPPERLY, IN HER OFFICIAL CAPACITY, DEFENDANTS-APPELLEES.*FN1



Appeal from a judgment of the United States District Court for the Southern District of New York (Kenneth M. Karas, Judge).

11-2835-cv

Philip Baldessarre, et al. v. Monroe-Woodbury Central School District, et al.

SUMMARY ORDER

Rulings by summary order do not have precedential effect. Citation to a summary order filed on or after January 1, 2007, is permitted and is governed by Federal Rule of Appellate Procedure 32.1 and this Court's Local Rule 32.1.1. When citing a summary order in a document filed with this Court, a party must cite either the Federal Appendix or an electronic database (with the notation "summary order"). A party citing a summary order must serve a copy of it on any party not represented by counsel.

At a stated term of the United States Court of Appeals for the Second Circuit, held at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, in the City of New York, on the 14th day of September, two thousand and twelve.

PRESENT:

JON O. NEWMAN, JOSE A. CABRANES, ROBERT D. SACK, Circuit Judges.

UPON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED,

ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED.

Plaintiffs-appellants appeal from a judgment of the District Court granting the defendants- appellees' motion to dismiss for lack of subject-matter jurisdiction and, alternatively, for judgment on the pleadings, pursuant to Rules 12(b)(1) and 12(c) of the Federal Rules of Civil Procedure.*fn2 We assume the parties' familiarity with the facts and procedural history of the case, and the issues on appeal.

The District Court dismissed the case in light of the plaintiffs' failure to exhaust their administrative remedies under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1400 et seq. Although the Amended Complaint did not include a claim expressly under the IDEA, the District Court held that the claims purportedly arising under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., and the Rehabilitation Act, 29 U.S.C. § 701 et seq., "all relate to the identification, evaluation, or educational placement of Daniel, or his treatment by his teacher because of his disability, and therefore these claims all invoke Daniel's right to a free appropriate public education" under the IDEA. Baldessarre v. Monroe-Woodbury Cent. Sch. Dist., 820 F. Supp. 2d 490, 505 (S.D.N.Y. 2011). Accordingly, the District Court found that the relief the plaintiffs sought was "available under the IDEA" and that the IDEA's exhaustion requirement applied. Id. at 507-08.

We review de novo a district court's dismissal of a complaint pursuant to Rules 12(b)(1) or 12(c), accepting the well-pleaded allegations in the complaint as true. See Sharkey v. Quarantillo, 541 F.3d 75, 82 (2d Cir. 2008) (Rule 12(b)(1)); Morris v. Schroder Capital Mgmt. Int'l, 445 F.3d 525, 529 (2d Cir. 2006) (Rule 12(c)). Having undertaken a de novo review of the record on appeal, and upon consideration of the arguments of the parties, we affirm the judgment of the District Court, substantially for the reasons stated in its comprehensive and well-reasoned Opinion and Order of June 29, 2011. See Baldessarre, 820 F. Supp. 2d at 493-510.

1. Plaintiffs Failed to Exhaust Administrative Remedies under the IDEA

"It is well settled that the IDEA requires an aggrieved party to exhaust all administrative remedies before bringing a civil action in federal or state court." J.S. ex rel. N.S. v. Attica Cent. Schs., 386 F.3d 107, 112 (2d Cir. 2004). Moreover, "potential plaintiffs with grievances related to the education of disabled children generally must exhaust their administrative remedies before filing suit in federal court, even if their claims are formulated under a statute other than the IDEA (such as the ADA or the Rehabilitation Act)." Polera v. Bd. of Educ. of Newburgh, 288 F.3d 478, 481 (2d Cir. 2002); 20 U.S.C. ยง 1415(l) ("Nothing in [the IDEA] shall be construed to restrict or limit the rights, procedures, and remedies available under . . . 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 procedures under subsections (f) and (g) shall be exhausted to the same extent as would be required had the action been brought under [the IDEA]."). We have held, on multiple occasions, ...


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